Government Code — Part 45 | GOV — United States — California law | Esheria

Government Code

Part 45 of 107 · provisions 8,801–9,000

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. 31529.5.

    ## 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 board may hire a private-practice attorney for legal services if, after consulting the county counsel, it finds the county counsel cannot provide those services because of a conflict of interest or other compelling reason.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31529.5. Notwithstanding Section 31529, the board may contract for the legal services of an attorney in private practice when the board determines, after consultation with the county counsel, that the county counsel cannot provide the board with legal services due to a conflict of interest or other compelling reason. The compensation of such attorney shall be paid from the portion of reserves created by Section 31592 which exceed one percent of the total assets of the fund, or in the absence of such excess reserves, from the county general fund. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1977, Ch. 202.)
  2. 31529.6.

    ## 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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    The board of retirement and the board of investment may hire private-practice attorneys for legal services and advice, and they must pay reasonable compensation for that 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 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31529.6. In addition to the powers granted by Sections 31529, 31529.5, and 31614, the board of retirement and the board of investment may contract with attorneys in private practice for legal services and advice. The boards shall pay reasonable compensation for the legal services and advice. The compensation shall be considered a cost of administration of the system. 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. 1990, Ch. 1467, Sec. 1.)
  3. 31529.9.

    ## 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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    The retirement board and the board of investment may hire legal services, and the board must pay reasonable compensation for those services from system assets.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31529.9. (a) In addition to the powers granted by Sections 31522.5, 31522.9, 31529, 31529.5, 31614, and 31732, the board of retirement and the board of investment may contract with the county counsel or with attorneys in private practice or employ staff attorneys for legal services. (b) Notwithstanding Sections 31522.5, 31522.7, 31529.5, and 31580, the board shall pay, from system assets, reasonable compensation for the legal services. (c) This section applies to any county of the 2nd class, 7th class, 9th class, 14th class, 15th class, or the 16th class as described by Sections 28020, 28023, 28028, 28030, 28035, 28036, and 28037. (d) This section shall also apply to any other county if the board of retirement, by resolution adopted by majority vote, makes this section applicable in the county. (Amended by Stats. 2014, Ch. 244, Sec. 3. (SB 673) Effective January 1, 2015.)
  4. 31530.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 health officer must advise the board on medical matters and must attend board meetings if the board requests 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 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31530. The county health officer, either directly or through a duly authorized representative, shall advise the board on medical matters and, if requested by the board, shall attend its meetings. (Amended by Stats. 2021, Ch. 186, Sec. 12. (SB 634) Effective January 1, 2022.)
  5. 31531.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 estimate a member’s service length or age if records are impracticable to use, or if the member does not provide a statement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31531. If it is impracticable for the board to determine from the records the length of service or the age of any member, or if the member refuses or fails to give the board a statement of his service or age, it may estimate his length of service or age for the purposes of this chapter. (Added by Stats. 1947, Ch. 424.)
  6. 31532.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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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    Sworn statements and members’ individual records must be kept confidential, with limited disclosure allowed for chapter administration, court order, or the member’s written authorization.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31532. Sworn statements and individual records of members shall be confidential and shall not be disclosed to anyone except insofar as may be necessary for the administration of this chapter or upon order of a court of competent jurisdiction, or upon written authorization by the member. (Amended by Stats. 1969, Ch. 239.)
  7. 31533.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 hearing is needed to make a determination, the board may appoint a referee, and that referee must hold the hearing and send written proposed findings and a recommended decision 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. ) ## 31533. Whenever, in order to make a determination, it is necessary to hold a hearing the board may appoint either one of its members or a member of the State Bar of California to serve as a referee. The referee shall hold such a hearing and shall transmit, in writing, to the board his proposed findings of fact and recommended decision. (Amended by Stats. 1968, Ch. 547.)
  8. 31534.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 must serve the referee’s proposed findings and recommendations on the parties, and the parties have 10 days to file written objections. The board may then approve, request more evidence, send the matter back, or hear it itself.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31534. The proposed findings of fact and recommendations of the referee shall be served on the parties who shall have 10 days to submit written objections thereto which shall be incorporated in the record to be considered by the board. Upon receiving the proposed findings of fact and the recommendations of the referee, the board may: (a) Approve and adopt the proposed findings and the recommendations of the referee, or (b) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon the receipt thereof the board shall take such action as in its opinion is indicated by such evidence, or (c) Refer the matter back with or without instructions to the referee for further proceedings, or (d) Set the matter for hearing before itself. At such hearing the board shall hear and decide the matter as if it had not been referred to the referee. (Amended by Stats. 1968, Ch. 546.)
  9. 31535.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 may issue subpoenas, compensate subpoenaed persons, and set reasonable witness fees and expenses by regulation, but committee members do not have subpoena power.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31535. The board may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed. This power shall be exercised and enforced in the same manner as the similar power granted the board of supervisors in Article 9 (commencing with Section 25170) of Chapter 1, Part 2, Division 2; except that the power shall extend only to matters within the retirement board’s jurisdiction, and committees of the board shall not have this power. Reasonable fees and expenses may be provided for by board regulation for any or all of such witnesses regardless of which party subpoenaed them. Subpoenas shall be signed by the chairman or secretary of the retirement board, except that the board may by regulation provide for express written delegation of its subpoena power to any referee it appoints pursuant to this chapter or to any administrator appointed pursuant to Section 31522.2. Any member of the board, the referee, or any person otherwise empowered to issue subpoenas may administer oaths to, or take depositions from, witnesses before the board or referee. (Amended by Stats. 1990, Ch. 652, Sec. 1.)
  10. 31535.1.

    ## 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 may issue subpoenas, compensate subpoenaed persons, and delegate subpoena power by regulation; committees of the board do not have this power.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31535.1. The board may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed. This power shall be exercised and enforced in the same manner as the similar power granted the board of supervisors in Article 9 (commencing with Section 25170) of Chapter 1 of Part 2 of Division 2 of this title; except that the power shall extend only to matters within the board’s jurisdiction, and committees of the board shall not have this power. Reasonable fees and expenses may be provided for by board regulation for any or all of the witnesses regardless of which party subpoenaed them. Subpoenas shall be signed by the chairman or secretary of the board, except that the board may by regulation provide for express written delegation of its subpoena power to the retirement administrator or to any referee it appoints pursuant to this chapter. Any member of the board, the referee, or any person otherwise empowered to issue subpoenas may administer oaths to, or take depositions from, witnesses before the board or referee. 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. 2011, Ch. 48, Sec. 2. (SB 637) Effective January 1, 2012.)
  11. 31536.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 superior court reverses the board’s denial of certain retirement-related claims, it may award reasonable attorney’s fees as costs to the successful member or beneficiary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31536. If a superior court reverses the denial by the board of an application for a retirement allowance, or for a survivor’s allowance based on such allowance, or for a claim based on a claimed pension right or benefit, the superior court in its discretion may award reasonable attorney’s fees as costs to the member or beneficiary of the member who successfully appealed the denial of such application. Such costs shall be assessed against the board, shall be considered a cost of administration, and shall in no event become a personal liability of any member of the board. (Added by Stats. 1978, Ch. 556.)
  12. 31537.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 establish efficient records management procedures.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31537. The board may establish efficient records management procedures, which may include, but need not be limited to, maintenance and, when determined by the board to be necessary, disposal of records in its jurisdiction. (Added by Stats. 1993, Ch. 24, Sec. 1. Effective January 1, 1994.)
  13. 31538.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 must adjust retirement benefit payments as needed to maximize benefits for members subject to Internal Revenue Code Section 415 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. ) ## 31538. (a) The board shall adjust the payment of benefits payable pursuant to this part, as necessary, in order to maximize the benefits available to members who are subject to the limits of Section 415 of the Internal Revenue Code. Those adjustments shall include, but are not limited to, cost-of-living adjustments, cost-of-living banks, temporary annuities, survivor continuance benefits, or any combinations thereof. (b) The amount payable to a member in any limitation year, including cost-of-living adjustments, shall not exceed the limit established under Section 415(b) of the Internal Revenue Code at the annuity starting date, and as may be increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code and applicable regulations. (c) The cost-of-living adjustments made pursuant to Section 415(d) of the Internal Revenue Code to the limit established under Section 415(b) of the Internal Revenue Code continue to apply after a member’s severance from employment or annuity starting date. (Amended by Stats. 2010, Ch. 188, Sec. 2. (AB 1354) Effective January 1, 2011.)
  14. 31539.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 may correct certain benefit-calculation errors and adjust retirement benefits when compensation was overstated or fraudulently reported.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31539. (a) The board of retirement may, in its discretion, correct any error made in the calculation of a retired member’s monthly allowance or any other benefits under this chapter, if either of the following exist: (1) The error in the calculation of the member’s monthly allowance or other benefits under this chapter was made as a result of fraudulent reports for compensation made, or caused to be made, by the member for his or her own benefit. (2) The member caused his or her final compensation to be improperly increased or otherwise overstated at the time of retirement and the system applied that overstated amount as the basis for calculating the member’s monthly retirement allowance or other benefits under this chapter. (b) The retirement allowance or other benefits under this chapter with respect to a retired member described in subdivision (a) shall be adjusted prospectively to the amount that would have been payable if the overstatement of the member’s final compensation had not occurred. (c) Adjustment of the member’s retirement allowance or other benefits may also be implemented retroactively and include the collection or return of the overpayment of benefits. The board of retirement may direct staff to correct the overpayment of benefits by offsetting the amount to be recovered against future benefits. Adjustments to correct the overpayment of benefits may also be made by adjusting the allowance so that the retired member or the retired member and his or her beneficiary, as the case may be, will receive the actuarial equivalent of the allowance to which the member is entitled. (d) The rights and remedies provided in this section are in addition to any other rights and remedies any party may have at law or in equity. Nothing in this section shall preclude any party from instituting an action for declaratory or other relief in lieu of proceeding under this section. (e) The period of limitation of actions under this section shall be 10 years and that period shall commence either from the date of payment or upon discovery of the facts described in subdivision (a), whichever date is later. The board shall determine the applicability of the period of limitation in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for purposes of correcting the error. (Added by Stats. 2004, Ch. 466, Sec. 1. Effective January 1, 2005.)
  15. 31540.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 section says retirement-system, county/district, and member obligations continue for specified periods, and it sets limitation periods for correcting erroneous payments.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31540. (a) The obligations of the retirement system to its members continue throughout their respective memberships, and the obligations of the retirement system to, and in respect to, retired members continue throughout the lives of the retired members, and thereafter until all obligations to the members’ beneficiaries under optional settlements have been discharged. The obligations of the county or district to the retirement system with respect to members employed by them, respectively, continue throughout the memberships of the members, and the obligations of the county or district to the retirement system with respect to retired members formerly employed by them, respectively, continue until all of the obligations of the retirement system to those retired members have been discharged. The obligations of any member to the retirement system continue throughout his or her membership, and thereafter until all of the obligations of the retirement system to that member have been discharged. (b) For the purposes of payments into or out of the retirement fund for adjustment of errors or omissions, the period of limitation of actions shall be three years, and shall be applied as follows: (1) In cases in which the retirement system makes an erroneous payment to a member or beneficiary, the system’s right to collect shall expire three years from the date of payment. (2) In cases in which the retirement system owes money to a member or beneficiary, the period of limitation shall not apply. (c) Notwithstanding subdivision (b), in cases in which payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation shall be 10 years and that period shall commence with the discovery of the erroneous payment. (d) Notwithstanding subdivision (b), if any payment has been made as a result of fraudulent reports for compensation made, or caused to be made, by a member for his or her own benefit, the period of limitation shall be 10 years and that period shall commence either from the date of payment or upon discovery of the fraudulent reporting, whichever date is later. (e) The board shall determine the applicability of the period of limitation in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for purposes of correcting the error or omission. (f) This section shall apply only to a county of the first class as described in Section 28020. (Added by Stats. 2012, Ch. 59, Sec. 2. (AB 2664) Effective January 1, 2013.)
  16. 31541.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 may correct certain member or beneficiary errors or omissions, and must correct actions caused by county, district, or system errors, 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 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31541. (a) Subject to subdivisions (c) and (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any active or retired member, or any beneficiary of an active or retired member, if all of the following facts exist: (1) The request, claim, or demand to correct the error or omission is made by the party seeking correction within a reasonable time after discovery of the right to make the correction, which in no case shall exceed six months after discovery of this right. (2) The error or omission was the result of mistake, inadvertence, surprise, or excusable neglect, as each of those terms is used in Section 473 of the Code of Civil Procedure. (3) The correction will not provide the party seeking correction with a status, right, or obligation not otherwise available under this part. Failure by a member or beneficiary to make the inquiry that would be made by a reasonable person in like or similar circumstances does not constitute an “error or omission” correctable under this section. (b) Subject to subdivisions (c) and (d), the board shall correct all actions taken as a result of errors or omissions of the county or district, or this system. (c) The duty and power of the board to correct mistakes, as provided in this section, shall terminate upon the expiration of obligations of this system to the party seeking correction of the error or omission, as those obligations are defined by Section 31540. (d) The party seeking correction of an error or omission pursuant to this section has the burden of presenting documentation or other evidence to the board establishing the right to correction pursuant to subdivisions (a) and (b). (e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a) and (b) are adjusted to be the same as they would have been if the act that would have been taken, but for the error or omission, was taken at the proper time. However, notwithstanding any other provision of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a) and (b) as of the time that the correction actually takes place if the board finds any of the following: (1) That the correction cannot be performed in a retroactive manner. (2) That, even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a) and (b) cannot be adjusted to be the same, as they would have been if the error or omission had not occurred. (3) That the purposes of this chapter will not be effectuated if the correction is performed in a retroactive manner. (f) This section shall apply only to a county of the first class as described in Section 28020. (Added by Stats. 2012, Ch. 59, Sec. 3. (AB 2664) Effective January 1, 2013.)
  17. 31541.1.

    ## 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 may correct certain prior decisions, and a member may apply for correction within one year after this section becomes 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 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31541.1. (a) Subject to subdivisions (c), (d), and (e) of Section 31541, the board, upon any terms it deems just, may correct prior board decisions made between January 1, 2013, and December 31, 2015, that were based upon an error of law existing at the time of the decision in the determination of the effective date of disability retirement pursuant to Section 31724. A member seeking correction of errors and omissions pursuant to this section may file an application for correction to the board no later than one year from the date this section becomes operative. (b) This section shall apply to a county of the first class as described in Section 28020 and 28022. (Added by Stats. 2018, Ch. 97, Sec. 1. (AB 2076) Effective January 1, 2019.)
  18. 31541.2.

    ## 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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    This section defines key terms and sets procedures for disallowed compensation in county retirement systems, including reporting changes, refunds, benefit adjustments, notice, and review of proposed compensation items.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31541.2. (a) For purposes of this section, the following definitions apply: (1) “Agreement” means a memorandum of understanding or collective bargaining agreement between the employer and an exclusive representative pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1). (2) “Alameda” means the Supreme Court case of Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (2020) 9 Cal.5th 1032 and its holding. (3) “Disallowed compensation” means nonpensionable compensation reported for a member of the retirement system that the system subsequently determines is not in compliance with PEPRA, the holding in Alameda, other provisions of this part, or the system’s administrative regulations or policies through no fault of the member. For purposes of this paragraph, “disallowed compensation” also includes nonpensionable compensation that was previously included in an agreement. (4) “Employer” means the appropriate applicable county, county agency, or special district standing in relationship between the employee and the system. (5) “Initiated a process” means a system has formally adopted a resolution or made an administrative determination for a correction process on identified disallowed compensation that has required or will require collecting any portion of an overpayment from, or refunding member contributions to, any affected active member, retired member, survivor, or beneficiary, or adjusting the retirement allowance of any affected retired member, survivor, or beneficiary due to the determination of disallowed compensation by the system, including a determination by the system that is consistent with PEPRA, the holding in Alameda, and other provisions of this part. (6) “PEPRA” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1). (7) “System” means a retirement association or system established pursuant to the County Employees Retirement Law of 1937 (commencing with Section 31450). (b) If the system determines that the compensation reported for a member is disallowed compensation, it shall require the employer to discontinue reporting the disallowed compensation. (1) (A) In the case of an active member, the system shall credit all employer contributions made on the disallowed compensation against future contributions to the benefit of the employer that reported the disallowed compensation, and shall return any member contribution paid by, or on behalf of, that member, to the member directly or indirectly through the employer that reported the disallowed compensation, except as provided by subparagraph (B). (B) A system that has initiated a process prior to January 1, 2024, to recalculate an active member’s compensation earnable pursuant to Section 31461 to exclude disallowed compensation and return contributions, either directly to the member or indirectly through the employer, may continue to use that process to ensure compliance with PEPRA, and that is consistent with, and pursuant to, the holding in Alameda. (2) In the case of a retired member, survivor, or beneficiary whose final compensation at the time of retirement was predicated upon the disallowed compensation, the system shall credit the employer contributions made on the disallowed compensation against future contributions, to the benefit of the employer that reported the disallowed compensation, shall return any member contributions paid by, or on behalf of, that member, to the member directly, and the system shall permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation. (3) (A) In the case of a retired member, survivor, or beneficiary whose final compensation at the time of retirement was predicated upon the disallowed compensation as described in paragraph (2), the repayment and notice requirements described in this paragraph and paragraph (4) shall apply only if all of the following conditions are met: (i) The employer reported the compensation to the system and made contributions on that compensation while the member was actively employed. (ii) The system determined after the date of retirement that the compensation was disallowed. (iii) The member was not aware that the compensation was disallowed at the time the employer reported it. (B) If the disallowed compensation meets the conditions of subparagraph (A), the employer that reported contributions on it shall do all of the following: (i) Pay to the system, as a direct payment, or through recognition in the actuarial accrued liability, as determined by the system, the full cost of any overpayment of the prior paid benefit made to an affected retired member, survivor, or beneficiary resulting from the disallowed compensation. (ii) Pay to the affected retired member, survivor, or beneficiary, as appropriate, an amount that is 20 percent of the amount calculated by the system representing the actuarial equivalent present value of the difference between the monthly allowance that was predicated on the disallowed compensation and the adjusted monthly allowance calculated pursuant to paragraph (2) for the duration the system projects to pay that allowance to the retired member, survivor, or beneficiary. The employer shall begin payment within six months of notice from the system as prescribed in paragraph (4) and may have up to four years to complete the payment. The system may charge the employer the actual costs of actuarial services provided under this paragraph. (4) The system shall provide a written notice to the employer that reported contributions on the disallowed compensation and to the affected retired member, survivor, or beneficiary, including, at a minimum, all of the following: (A) The overpayment amount that the employer shall pay to the system as described in subparagraph (B) of paragraph (3). (B) The actuarial equivalent present value that the employer owes to the retired member, survivor, or beneficiary as described in clause (ii) of subparagraph (B) of paragraph (3), if applicable. (C) Written disclosure of the employer’s obligations to the retired member, survivor, or beneficiary pursuant to this section. (5) In lieu of the process described in paragraphs (3) and (4), a system that has initiated a process prior to January 1, 2024, to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation pursuant to paragraph (2) may continue to use that process provided that it is consistent with PEPRA, and with the holding in Alameda. (6) Upon the employer’s request, the system shall provide the employer with contact information data in its possession of a relevant retired member, survivor, or beneficiary in order for the employer or agency to fulfill their obligations to that retired member, survivor, or beneficiary pursuant to this section. The recipient of this contact information data shall keep it confidential, shall use such contact data only to the extent necessary to carry out its duties under this section, and shall not be disclosable under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (c) (1) An employer or authorized employee representative may submit to the system for review an additional compensation item that a party to a proposed agreement requests be included, contained, adopted, or entered into that agreement, on and after January 1, 2025, that is intended to form the basis of a pension benefit calculation, in order for the system to review consistency of the proposal with PEPRA, the holding in Alameda, Section 31461, other provisions in the part, and the system’s administrative regulations or policies. (2) A submission to the system for review under paragraph (1) shall include all supporting documents or requirements the system deems necessary to complete its review. (3) The system shall provide guidance regarding the submission within 90 days of the receipt of all information required to make a review. (d) The system may periodically publish a notice of the proposed compensation language submitted to the system pursuant to this section for review and the guidance it provided. (e) This section does not alter or abrogate an employer’s responsibility to meet and confer in good faith with the employee organization regarding the impact of the disallowed compensation or the effect of any disallowed compensation on the rights of the employees and the obligations of the employer to its employees, including any employees who, due to the passage of time and promotion, may have become exempt from inclusion in a bargaining unit, but whose benefit was the product of collective bargaining. (f) This section does not affect or otherwise alter a party’s right to appeal any determination regarding disallowed compensation made by the system after July 30, 2020. (g) The board of retirement or board of supervisors, as authorized pursuant to this chapter, may enter into any contracts for administrative purposes or as may be necessary and appropriate to carry out the provisions of this section. (h) (1) It is the intent of the Legislature in enacting this section to fully comply with the provisions of the Internal Revenue Code, the Internal Revenue Service Employee Plans Compliance Resolution System (EPCRS), and any successor to such Internal Revenue Service program, that apply to public retirement systems in order to maintain and ensure the federal income tax exempt status of the county employees’ retirement systems. (2) Systems that have initiated a process under this section that was or is intended to comply with the Internal Revenue Code and EPCRS requirements may revise the process as necessary to the extent required to comply with the Internal Revenue Code and EPCRS in order to maintain the tax exempt status of the system. (Added by Stats. 2024, Ch. 427, Sec. 1. (AB 3025) Effective January 1, 2025.)
  19. 31542.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 must set up a process to decide whether compensation was paid to increase a member’s retirement benefit, notify the member and employer if it makes that final finding, and allow court review within 30 days after the notice is mailed.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31542. (a) The board shall establish a procedure for assessing and determining whether an element of compensation was paid to enhance a member’s retirement benefit. If the board determines that compensation was paid to enhance a member’s benefit, the member or the employer may present evidence that the compensation was not paid for that purpose. Upon receipt of sufficient evidence to the contrary, a board may reverse its determination that compensation was paid to enhance a member’s retirement benefits. (b) Upon a final determination by the board that compensation was paid to enhance a member’s retirement benefit, the board shall provide notice of that determination to the member and employer. The member or employer may obtain judicial review of the board’s action by filing a petition for writ of mandate within 30 days of the mailing of that notice. (c) Compensation that a member was entitled to receive pursuant to a collective bargaining agreement that was subsequently deferred or otherwise modified as a result of a negotiated amendment of that agreement shall be considered compensation earnable and shall not be deemed to have been paid to enhance a member’s retirement benefit. (Added by Stats. 2012, Ch. 296, Sec. 29. (AB 340) Effective January 1, 2013.)
  20. 31542.5.

    ## 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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    Counties and districts must report compensation to the board by identifying the pay period it was earned in, and the reported amount cannot exceed compensation earnable. If they knowingly fail to comply, the board may assess a reasonable audit/adjustment/correction cost. Those costs cannot be passed on to 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. ) ## 31542.5. (a) When a county or district reports compensation to the board, it shall identify the pay period in which the compensation was earned regardless of when it was reported or paid. Compensation shall be reported in accordance with Section 31461 and shall not exceed compensation earnable, as defined in Section 31461. (b) The board may assess a county or district a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that a county or district knowingly failed to comply with subdivision (a). A county or district shall be found to have knowingly failed to comply with subdivision (a) if the board determines that either of the following applies: (1) The county or district knew or should have known that the compensation reported was not compensation earnable, as defined in Section 31461. (2) The county or district failed to identify the pay period in which compensation earnable was earned, as required by this section. (c) A county or district shall not pass on to an employee any costs assessed pursuant to subdivision (b). (Added by Stats. 2012, Ch. 296, Sec. 30. (AB 340) Effective January 1, 2013.)
  21. 31543.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 audit a county or district and may require records or information during the audit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31543. The board may audit a county or district to determine the correctness of retirement benefits, reportable compensation, and enrollment in, and reinstatement to, the system. During an audit, the board may require a county or district to provide information, or make available for examination or copying at a specified time and place, books, papers, data, or records, including, but not limited to, personnel and payroll records, as deemed necessary by the board. (Added by Stats. 2012, Ch. 296, Sec. 31. (AB 340) Effective January 1, 2013.)
  22. 31550.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

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    When this chapter becomes operative in a county, a retirement association must be organized.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31550. Whenever this chapter becomes operative in any county a retirement association shall be organized. (Added by Stats. 1947, Ch. 424.)
  23. 31551.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some people are barred from joining the retirement association, while specified persons in this article or the California Public Employees’ Pension Reform Act of 2013 must become members unless expressly 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31551. The persons expressly declared to be ineligible to membership by this article shall not become members of the retirement association, and, except as expressly excluded, the persons enumerated in this article or the California Public Employees’ Pension Reform Act of 2013 shall become members of the association. Persons employed as participants in a program of, and whose wages are paid in whole or in part by federal funds in accordance with, the Comprehensive Employment and Training Act of 1973 (Public Law 93-203), as amended, are excluded from membership. This exclusion shall not apply to active fire suppression personnel who are safety members pursuant to Sections 31469.3 and 31470.4. (Amended by Stats. 2013, Ch. 247, Sec. 15. (AB 1380) Effective January 1, 2014.)
  24. 31552.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County officers and employees become members of the retirement association when the system starts, and new county employees generally become members the next calendar month unless board regulations say 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31552. All existing officers and employees of the county become members of the association on the day the retirement system becomes operative, and thereafter each person entering the county employ becomes a member on the first day of the calendar month after his entrance into the service, unless otherwise provided by regulations adopted by the board. Such regulations may provide for waiver of membership by the prospective employee in the case of newly hired employees who have attained the age of 60. In all cases where there is such a waiver, said employee upon attaining the age of 70 shall thereafter be employed from year to year at the discretion of the county. (Amended by Stats. 1965, Ch. 1668.)
  25. 31552.1.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county officers and employees who were previously excluded become members on the first day of the calendar month after this section 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31552.1. On the first day of the calendar month after this section takes effect all existing officers and employees of the county, who, because of the provisions of Section 31552 prior to its amendment in 1953, were not members, become members on that day. (Added by Stats. 1953, Ch. 789.)
  26. 31552.2.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county officers and employees may make contributions and get retirement credit for an earlier period of county service, subject to the 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31552.2. All existing officers and employees of the county, now members of the retirement system, and who became employed by the county during that interim period when the law did not allow membership into the retirement system until the first day of the calendar month following the expiration of 180 days after his entrance into service, shall be allowed to make contributions and receive credit for that period of time as prior county service. The contribution rate shall be as prescribed in Section 31641.5 and election to receive credit for such service shall be available until time of filing of notice of retirement from county service. (Added by Stats. 1970, Ch. 705.)
  27. 31552.4.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain employees and officers are not automatically made members of the health authority 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31552.4. Employees and officers described in Section 101851 of the Health and Safety Code shall not automatically become members of the retirement system of the health authority established pursuant to this chapter, and their eligibility for retirement benefits shall be established pursuant to the provisions of that section. (Added by Stats. 2013, Ch. 311, Sec. 2. (AB 1008) Effective September 13, 2013.)
  28. 31552.5.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Most Kern County Hospital Authority employees and officers do not automatically become members of the Kern County Employees’ Retirement Association; their eligibility is determined under the cited chapter. Employees hired on or after the operative date of the added subdivision must be 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31552.5. (a) Except as provided in subdivision (b), employees and officers of the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code, shall not automatically become members of the Kern County Employees’ Retirement Association, but shall have their eligibility for membership in the Kern County Employees’ Retirement Association be established pursuant to the provisions of that chapter. (b) An employee who is hired by the authority on or after the operative date of the act adding this subdivision shall be a member of the Kern County Employees’ Retirement Association as provided in subdivisions (g) and (h) of Section 101853.1 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 405, Sec. 6. (SB 846) Effective September 14, 2018.)
  29. 31553.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Elective officers become members of the retirement association after filing a declaration with the board, and they can withdraw by rescinding the declaration within a 60-day window after leaving office.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31553. Elective officers become members of the retirement association on the first day of the calendar month following the filing of a declaration with the board to become a member, provided, however, that any such elective officer may, within 60 days after the expiration of the officer’s term of office or within 60 days after the officer ceases to hold the office, rescind the declaration and withdraw from the retirement association. In such cases, all contributions paid by the member shall be refunded in the same manner as applicable to members terminating service. (Amended by Stats. 1981, Ch. 329, Sec. 1.)
  30. 31554.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain superior court officers and attaches in the county become members of the retirement association, with exceptions for judges and people already in another 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31554. All officers and attaches of the superior court established within the county, except judges and participants in any other pension system, become members of the association on the first day of the calendar month after the board of supervisors adopts by four-fifths vote a resolution providing for their inclusion. Thereafter each person entering such employ becomes a member on the first day of the calendar month following his entrance into the service of the court. In this section “officer or attache of the superior court” includes all commissioners, phonographic reporters who are paid salaries or per diems by the county and whose contributions are based upon such salaries or per diems, secretaries, stenographers, investigators, messengers, or other employees of the court. (Amended by Stats. 1955, Ch. 372.)
  31. 31556.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County supervisors and other county officers must make the chapter’s appropriations and carry out its duties for court officers and attaches in the same way as for county or district officers or 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31556. The board of supervisors and all other county officers shall make the appropriations and perform the duties specified in this chapter with reference to court officers and attaches in the same manner as specified for county or district officers or employees. The deductions provided for in this chapter shall be made from the salaries of such officers or attaches in the same manner as for officers or employees of the county or districts. (Added by Stats. 1947, Ch. 424.)
  32. 31557.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    District officers and employees become members of the retirement association when the specified resolution and approval steps are completed, and new employees join on the first day of the month after they enter 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31557. All officers and employees of any district become members of the association on the first day of the calendar month after: (a) In the case of districts for which the board of supervisors is the governing body, such body adopts by four-fifths vote a resolution providing for the inclusion of the district in the retirement association. (b) In the case of districts for which the board of supervisors is not the governing body, the governing body adopts by a two-thirds vote, a resolution providing for the inclusion of the district in the retirement association and the board, by majority vote, consents thereto. Thereafter, each person entering such employment becomes a member on the first day of the calendar month following his entrance into the service. However, if prior to January 1, 1976, the governing body and the board of retirement have executed an agreement providing for the purchase of prior service, the agreement may be amended to provide that the date of membership in the retirement association for any officer or employee shall be the first day of the calendar month following the officer’s or employee’s entrance into district service. Members may be withdrawn from the association in the manner provided in Section 31564. (Amended by Stats. 1980, Ch. 430.)
  33. 31557.1.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain district officers and employees become members on the agreement-specified date, and may cease to be members if the agreement says so and the referendum vote condition is not 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31557.1. Officers and employees of a district as defined in subdivision (g) of Section 31468, become members on the date specified in the agreement between the regents and the board of supervisors relating to the transfer to the regents of the hospital in which they are employed or of the obligation to provide professional medical services at the hospital in which they are employed. Notwithstanding Section 31564, if the agreement so provides, those employees shall cease to be members on the date of a referendum relating to coverage of those members under the Federal Old Age, Survivors, Disability, and Health Insurance Program in which less than a majority of those eligible employees voted in favor of that coverage. (Amended by Stats. 1991, Ch. 99, Sec. 2.)
  34. 31557.2.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section confirms and validates certain past actions taken by a district’s governing body under Section 31557, and it also validates the membership of officers and employees included by those actions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31557.2. Any action heretofore taken by the governing body of a district under Section 31557, or under color of that section, is hereby confirmed and validated and made fully effective. Membership in the association of any officers and employees of any district who were included in the association by such action of the governing body, is hereby validated and confirmed and made fully effective as of the time of such inclusion. (Added by Stats. 1959, Ch. 1676.)
  35. 31557.3.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain district employees and appointed personnel must be or remain members 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31557.3. On the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, any personnel appointed pursuant to Sections 31522.5, 31522.9, 31522.10, and 31529.9 who had previously been in county service shall continue to be members of the system without interruption in service or loss of credit. Thereafter, each person entering employment with the district shall become a member of the system on the first day of the calendar month following his or her entrance into service. (Amended by Stats. 2015, Ch. 223, Sec. 3. (AB 1291) Effective January 1, 2016.)
  36. 31558.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county retirement members and specified public safety employees must become safety members, with timing tied to entry into service or appointment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558. All existing members of a pension system established pursuant to either Chapter 4 (commencing with Section 31900) or Chapter 5 (commencing with Section 32200) of this part and all employees eligible as safety members who at the time of entering service elected to become safety members, or who subsequently became members, shall become safety members and thereafter each person employed in a position, the principal duties of which consist of active law enforcement or active fire suppression or juvenile hall group counseling and group supervision, as defined in Sections 31469.3, 31469.4, 31470.2 and 31470.4, shall become a safety member on the first day of the calendar month following his or her entrance into the service. The sheriff and undersheriff shall become safety members on the first day of the calendar month following their entrance into the service. The marshal and assistant marshal shall become safety members on the first day of the calendar month following their appointment. (Amended by Stats. 1986, Ch. 840, Sec. 1.)
  37. 31558.1.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain eligible county employees become safety members, and some may buy service credit if they pay the required difference plus interest on time.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558.1. Notwithstanding any of the provisions of Section 31558 to the contrary, each person who, prior to July 1, 1969, was employed in a position, the principal duties of which consist of active law enforcement as defined in Section 31469.3 or active fire suppression as defined in Section 31470.4, who has continuously since his or her employment made the salary contributions required of a safety member, and who has continuously since his or her employment been employed in a position which would make such person eligible to become a safety member if he or she had not been over the age of 35 years at the time of his or her employment, shall become a safety member as of the first day of the calendar month following his or her original entrance into the service. A member who meets the requirements of the preceding paragraph, except that he or she has not made the contributions required of a safety member, may receive credit for such service, as a safety member, when he or she has contributed, with interest to the date paid, the difference between contributions made and those which would have been required if he or she had been a safety member. Such additional contributions are to be made prior to retirement and notice of election to receive credit for service, as a safety member, pursuant to this section, shall be made to the retirement board prior to April 1, 1975. This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance, make the provisions of the section applicable in that county. (Amended by Stats. 1986, Ch. 840, Sec. 2.)
  38. 31558.2.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some county employees with at least 10 years of prior active law enforcement service may elect safety-member status, and members may get service credit after paying required contributions with interest before 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558.2. Notwithstanding any of the provisions of Section 31558 to the contrary, each person who, prior to the effective date of this section was employed in positions the principal duties of which consist of active law enforcement for not less than 10 years and who is employed by a county in a position which would make such person eligible to become a safety member at the time of his or her employment, may, if he or she so elects, become a safety member as of the first day of the calendar month following his or her entrance into county service. A member may receive credit for such service, as a safety member, when he or she has contributed, with interest to the date paid, the difference between contributions made and those which would have been made by the member if he or she had been a safety member. Such additional contributions shall be made prior to retirement. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in that county. (Amended by Stats. 1986, Ch. 840, Sec. 3.)
  39. 31558.5.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county employees meeting the listed age, duty, population, and timing conditions must become 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558.5. All members employed by a county having a population in excess of 2,000,000 who are employed on and prior to January 1, 1958, whose duties are described in Section 31470.6 and who prior to that date file with the board a written election to become safety members, shall become safety members on January 1, 1958. All members employed by a county having a population of 2,000,000 or less and in excess of 500,000, who are employed on and prior to January 1, 1960, whose duties are described in Section 31470.6 and who prior to that date file with the board a written election to become safety members, shall become safety members on January 1, 1960. After January 1, 1958, each person not over 35 years of age when employed by a county having a population in excess of 2,000,000 in a position the principal duties of which are described in Section 31470.6, shall become a safety member on the first day of the calendar month following his entrance into the service. After January 1, 1960, each person not over 35 years of age when employed by a county having a population of 2,000,000 or less and in excess of 500,000 in a position the principal duties of which are described in Section 31470.6, shall become a safety member on the first day of the calendar month following his entrance into the service. (Amended by Stats. 1959, Ch. 797.)
  40. 31558.6.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain juvenile hall counseling/supervision employees become safety members if they are in the role when Section 31469.4 is applied in a county and file a written election on time.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558.6. Notwithstanding any of the provisions of Section 31558 to the contrary, each person who is employed in a position, the principal duties of which consist of juvenile hall group counseling and group supervision as defined in Section 31469.4, on the date the provisions of Section 31469.4 are made applicable in a county by the board of supervisors and who files with the board written election to become a safety member on or prior to one year after the date the provisions of Section 31469.4 are made applicable in a county by the board of supervisors, shall become a safety member. Thereafter each person when employed in such position, shall become a safety member on the first day of the calendar month following his or her entrance into the service. (Amended by Stats. 1986, Ch. 840, Sec. 4.)
  41. 31558.8.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some county employees over 35 who are detectives or investigators in a district attorney’s office may elect safety member status, and they can get service credit if they pay the required contribution difference before 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31558.8. Notwithstanding any of the provisions of Section 31558 to the contrary, a person over 35 years of age who is employed by a county of the third class, as established by Sections 28020 and 28024, as amended in 1971, as a detective or investigator in the office of the district attorney, which would make the person eligible to become a safety member if he or she had not been over the age of 35 years at the time of his or her employment, may, if he or she so elects, become a safety member as of the first day of the calendar month following his or her entrance into county service regardless of age. A member may receive credit for that service, as a safety member, when he or she has contributed, with interest to the date paid, the difference between contributions made and those which would have been made by the member if he or she had been a safety member. The additional contributions shall be made prior to retirement. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make this section applicable in the county. (Added by Stats. 1985, Ch. 860, Sec. 1.)
  42. 31559.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a county or district takes over functions of another public agency and the affected employees become county or district employees, certain law enforcement or fire suppression employees become safety members starting the first day of the next calendar month after they enter 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31559. Whenever a county or district subject to the provisions of this chapter takes over and assumes any of the functions of any other public agency, and because of such assumption all or any employees of such other public agency become employees of such county or district, any such employee whose principal duties consist of active law enforcement or active fire suppression, as defined in Sections 31469.3, 31470.2 and 31470.4, who, because of such transfer of functions, is employed in such a position in such county or district, shall become a safety member on the first day of the calendar month following his entrance into service. (Amended by Stats. 1957, Ch. 2399.)
  43. 31560.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A safety member keeps that status only while the job’s main duties are active law enforcement, active fire suppression, or active lifeguard 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31560. A safety member shall remain a safety member only while the principal duties of his position consist of active law enforcement, active fire suppression or active lifeguard service as defined in Section 31469.3. While holding any other position in county service he shall remain a member but not a safety member. (Amended by Stats. 1961, Ch. 1694.)
  44. 31561.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    People employed under contract for temporary services that require professional or highly technical skill cannot be 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31561. Any person employed under contract for temporary services requiring professional or highly technical skill is ineligible for membership. (Added by Stats. 1947, Ch. 424.)
  45. 31562.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An elective officer who does not declare an intention to become a member of the retirement association as required by the chapter is not eligible for 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31562. Any elective officer who does not declare his intention to become a member of the retirement association as required by this chapter is ineligible to membership. (Added by Stats. 1947, Ch. 424.)
  46. 31563.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person stops being a member for service as an elected public officer or public employee that is forfeited under the cited sections.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31563. Notwithstanding any other provision of law, a person ceases to be a member for any portion of his or her service as an elected public officer or as a public employee that is forfeited pursuant to Sections 7522.70, 7522.72, and 7522.74. (Amended by Stats. 2014, Ch. 741, Sec. 3. (AB 2474) Effective January 1, 2015.)
  47. 31564.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A district’s governing body may withdraw district employees from the association after receiving a signed petition from a majority of officers and employees, and related contributions must be handled as the section requires.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31564. (a) All officers and employees of any district who have become members of the association as provided in Section 31557, may be withdrawn by a resolution of the governing body declaring all of the district’s employees withdrawn from the association; provided, the governing body has first received a written petition signed by a majority of its officers and employees requesting that the district’s officers and employees be withdrawn from the association. (b) Upon the adoption of any resolution to withdraw its members, all accumulated contributions held in the association shall be refunded to the district’s employees upon the effective date of their withdrawal and in the same manner as the accumulated contributions would be refunded upon the termination of their employment by the district. (c) Upon the adoption of any resolution to withdraw its members and where there are no existing retirees from the district, the district’s contributions shall be transferred to another public retirement system that meets the requirement of a tax-qualified retirement plan under Section 401(a) of Title 26 of the United States Code. (d) A refund, distribution, or transfer of contributions or other funds shall not be made to any employee or any district unless that action complies with the requirements of Section 401(a) of Title 26 of the United States Code. (e) In the event of the transfer of district contributions to another public retirement system, the employee contributions shall also be transferred to the other public retirement system. (f) The effective date of withdrawal of any resolution adopted pursuant to this section shall be at the end of the calendar month during which such resolution is adopted. (Amended by Stats. 2014, Ch. 740, Sec. 5. (AB 2473) Effective January 1, 2015.)
  48. 31564.2.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a district leaves the retirement system, it stays liable for its share of the system’s unfunded actuarial liability, and the liability must be paid under a retirement-board schedule.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31564.2. (a) If a district’s participation in the retirement system is terminated pursuant to the provisions of Section 31564, the district shall remain liable to the retirement system for the district’s share of any unfunded actuarial liability of the system which is attributable to the officers and employees of the district who either have retired or will retire under the retirement system. (b) Unless otherwise developed by an actuarial source and approved by the board of retirement, the amount of the district’s liability shall be the unfunded actuarial liability of the entire system, computed as described below, multiplied by a fraction: (1) The numerator of which is the total amount required to be contributed to the plan by the withdrawing district for the last five years ending prior to the withdrawal date. (2) The denominator of which is the total amount required to be contributed to the plan by all participating employers for the last five years. The plan’s total unfunded actuarial liability for this purpose shall be calculated on the basis of the actuarial assumptions used in the plan’s most recent actuarial valuation, except that all district members shall be assumed to terminate as of the date of withdrawal. (c) The district’s liability shall be paid in accordance with a schedule determined by the retirement board over a period no longer than the period over which the plan’s remaining unfunded actuarial liability is being amortized. (d) The funding of the retirement benefits for the employees of a withdrawing agency is solely the responsibility of the withdrawing agency or the board of supervisors. Notwithstanding any other provision of law, no contracting agency shall fail or refuse to pay the employer’s contribution required by this chapter or to pay the employer’s contribution required by this chapter within the applicable time limitations. In dealing with a withdrawing district, the board of retirement shall take whatever action needed to ensure the actuarial soundness of the retirement system. (e) The Legislature finds and declares that this section is declaratory of existing law, to the extent this section provides that upon withdrawal from the retirement system, a district shall remain liable for its share of the unfunded actuarial liability of the system. This section is intended to define the method of calculating the district’s share of that unfunded actuarial liability. (Added by Stats. 1998, Ch. 109, Sec. 4. Effective January 1, 1999.)
  49. 31564.5.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A district may be required to contract for additional contributions, or may contract for lesser sums, depending on how its required contributions compare with county costs.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31564.5. Whenever the governing body of a district for which the board of supervisors is not the governing body adopts a resolution for the inclusion of such district in the retirement association, if, in the opinion of the board because of conditions peculiar to such district the contributions required from such district by this chapter are insufficient to pay the same proportion of the costs of the system as will be paid by the county, the board may require that such district contract with the board to appropriate additional sums. If, because of conditions peculiar to such district the contributions required from such district by this chapter are greater than necessary to pay the same proportion of the costs of the system as will be paid by the county, the board and such district may contract for lesser sums. Either of such contracts may provide, among other things, that whenever the board of supervisors makes an additional appropriation pursuant to Section 31454.5, the district also will make an additional appropriation calculated by a formula specified in such contract. All such districts are hereby authorized to enter into and perform such contracts. (Added by Stats. 1957, Ch. 1387.)
  50. 31565.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Eligible members may transfer their membership to the State Teachers’ Retirement System, and members who do so may also request in writing to withdraw their accumulated contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31565. Any member of a system established under this chapter who is employed in a status requisite for membership in the State Teachers’ Retirement System, may elect to transfer his membership to that system. Any member who elects to transfer his membership pursuant to this section may also elect in writing to withdraw his accumulated contributions, and in such event he shall be paid all of his accumulated contributions in the county retirement system. (Added by Stats. 1957, Ch. 1452.)
  51. 31565.5.

    ## 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement system member who stops being a county employee under the cited Education Code section may choose to stay in the 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31565.5. Any member of a system established under this chapter who ceases to be an employee of the county under the provisions of Section 1312 of the Education Code may elect as authorized in Section 1313 of the Education Code to remain a member of such system. (Amended by Stats. 2021, Ch. 186, Sec. 13. (SB 634) Effective January 1, 2022.)
  52. 31566.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district with employees in a retirement system under this chapter may not exclude any employee, group, or classification from membership except those excludable officers and 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31566. (a) The Legislature finds and declares that this section is declaratory of existing law. (b) A county or district whose officers and employees are enrolled as members of a retirement system pursuant to this chapter shall not exclude from membership in the system any employee, group, or classification, other than those excludable officers and employees. (c) For purposes of this section, “excludable officers and employees” mean officers and employees whose tenures may be excluded pursuant to Section 31527 as being temporary, seasonal, intermittent, or part time only, as determined by the retirement board, or who are excluded pursuant to Section 31552 or 31553. (Added by Stats. 2025, Ch. 749, Sec. 1. (SB 301) Effective January 1, 2026.)
  53. 31567.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some retirement-system members may elect safety-member status again, but they must give written notice and complete required contributions before 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 4. Membership [31550 - 31567] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31567. Any member of a retirement system established under this chapter who is employed in a position, the principal duties of which consist of active law enforcement or active fire suppression as defined under Sections 31469.3, 31470.2 and 31470.4, and who, prior to 1955, had the right to elect to become a safety member of such system shall again have the right to elect to become a safety member. Notice of such election shall be given in writing to the board of retirement administering the system. The member’s status as a safety member shall be effective on the first day of the second month following that in which the notice of election is received by the board of retirement. Such a member may elect to receive credit for service rendered as a member of such system, as if he had been a safety member commencing in 1955. Notice of such election shall be given in writing to the board of retirement no less than 30 days prior to the member’s retirement. The member shall receive credit for such service, as a safety member, if he contributes the difference between the member contributions actually made for that period of service and the contributions that he would have been required to make if he had been a safety member during that period. The member shall also contribute interest on the difference at the rates at which interest was credited on member contributions for each year of the period for which credit is sought. An election under this section shall be irrevocable, and the additional contribution payments hereunder required, if not completed as specified, shall be forfeited to the retirement fund, and a forfeiting member shall then receive only general membership benefits. Additional contributions shall be made by lump sum payment or in such monthly payroll deduction amounts as determined by the board, but must be made prior to the member’s retirement. (Amended by Stats. 1969, Ch. 1247.)
  54. 31570.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. )

    Verify source ↗

    The Legislature states that this article is meant to authorize the Big Bear Fire Authority to take over specified revenues, debts, obligations, and liabilities of the City of Big Bear Lake’s safety 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 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. ) ## 31570. It is the intent of the Legislature that this article authorize the Big Bear Fire Authority to assume all of the revenues, debts, obligations, and liabilities of the City of Big Bear Lake’s safety plan, which covers the employees of the Big Bear Lake Fire Protection District. (Added by Stats. 2018, Ch. 72, Sec. 1. (AB 2004) Effective July 9, 2018.)
  55. 31571.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. )

    Verify source ↗

    This article may be cited as the Big Bear Fire Agencies Pension Consolidation Act of 2018.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. ) ## 31571. This article shall be known, and may be cited, as the Big Bear Fire Agencies Pension Consolidation Act of 2018. (Added by Stats. 2018, Ch. 72, Sec. 1. (AB 2004) Effective July 9, 2018.)
  56. 31572.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the 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 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. ) ## 31572. For purposes of this article, the following definitions apply: (a) “Authority” means the Big Bear Fire Authority, which is a joint powers authority established by the Big Bear City Community Services District and the Big Bear Lake Fire Protection District pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) in 2012. (b) “City” means the City of Big Bear Lake. (c) “City safety plan” means that portion of the city’s retirement plan through the San Bernardino County Employees’ Retirement Association that covers the safety employees of the fire protection district. (d) “Fire protection district” means the Big Bear Lake Fire Protection District. (Added by Stats. 2018, Ch. 72, Sec. 1. (AB 2004) Effective July 9, 2018.)
  57. 31573.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. )

    Verify source ↗

    When the specified retirement board resolution takes effect, the authority takes over the fire protection district’s employment-related retirement obligations and the city safety plan’s rights and duties.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.5. Big Bear Fire Agencies Pension Consolidation Act of 2018 [31570 - 31573] ( Article 4.5 added by Stats. 2018, Ch. 72, Sec. 1. ) ## 31573. (a) On and after the effective date of a resolution of the Board of Retirement of the San Bernardino County Employees’ Retirement Association consenting to membership of the authority’s employees pursuant to subdivision (b) of Section 31557, all safety employees currently employed by the fire protection district as of that date shall be deemed to be employees of the authority, and all duties and obligations of the fire protection district in the employment relationship shall be assumed by the authority. The status of each employee deemed to be an employee of the authority pursuant to this section, with respect to membership in the retirement system, shall, in all respects, be as if the employee had remained a member of the retirement system without any break in service or change of employer. The authority shall be deemed to be a “district,” as defined in this chapter, and shall, in all respects, assume all of the rights, obligations, and status previously occupied by the city, with regard to the city safety plan, as a participating district in the retirement system, including, but not limited to, all of the following: the payment of employer contributions, the payment of unfunded actuarial liability, the withholding of employee contributions, the reporting of compensation earnable and pensionable compensation, record retention and audit compliance, the enrollment of eligible employees as members of the retirement system, compliance with restrictions on the employment of retired persons, and the pickup of employee contributions pursuant to Section 414(h)(2) of the Internal Revenue Code and any agreement or resolution implementing that section. (b) The termination of the city safety plan shall not trigger withdrawal liability pursuant to Section 31564.2. The authority shall assume the prior obligations of the city safety plan for the payment of unfunded actuarial liability, which shall continue to be included in contribution rates calculated and approved pursuant to this chapter, including, but not limited to, Sections 31453, 31453.5, 31454, 31581, and 31585, as if no change in the participating employer had occurred. (c) The authority shall succeed to the rights, duties, and obligations of the city safety plan with respect to its replacement benefits program pursuant to Chapter 3.9 (commencing with Section 31899). The rights of each member of the retirement system to participate in the replacement benefits program, as those rights exist at the time of the transfer of rights, duties, and obligations to the authority pursuant to this section, whether the member is actively employed, deferred, or retired, shall continue as if there had been no change in the status of the employer. The transfer of rights, duties, and responsibilities shall not be deemed to be the creation of a new replacement benefit program and the continuation of employees’ rights pursuant to this section shall not be deemed the offering of a new plan to any employee for purposes of Section 7522.43 or subdivision (c) of Section 31899. (Added by Stats. 2018, Ch. 72, Sec. 1. (AB 2004) Effective July 9, 2018.)
  58. 31574.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent to let the Sacramento Area Sewer District assume certain revenues, debts, obligations, and liabilities tied to a County of Sacramento defined benefit 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 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. ) ## 31574. It is the intent of the Legislature that this article authorize the Sacramento Area Sewer District to assume all of the revenues, debts, obligations, and liabilities of the County of Sacramento with regard to the portion of the county defined benefit plan, administered by the Sacramento County Employees’ Retirement System, attributed to retirement system members and beneficiaries of the Sacramento Area Sewer District, whether the member is actively employed, deferred, or retired, as determined by the retirement system, as of a date to be agreed upon by the county and the Sacramento Area Sewer District. (Added by Stats. 2024, Ch. 64, Sec. 1. (AB 2301) Effective July 2, 2024.)
  59. 31575.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. )

    Verify source ↗

    This section says the article is known as the Sacramento Area Sewer District Pension Protection Act of 2024 and may be cited that way.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. ) ## 31575. This article shall be known, and may be cited, as the Sacramento Area Sewer District Pension Protection Act of 2024. (Added by Stats. 2024, Ch. 64, Sec. 1. (AB 2301) Effective July 2, 2024.)
  60. 31576.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article, including “County,” “County sanitation plan,” “Legacy benefit formulae,” and “Successor entity.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. ) ## 31576. For purposes of this article, the following definitions shall apply: (a) “County” means the County of Sacramento. (b) “County sanitation plan” means the portion of the county’s defined benefit plan, administered by the Sacramento County Employees’ Retirement System, attributed to retirement system members and beneficiaries of the Sacramento Area Sewer District, whether the member is actively employed, deferred, or retired, as determined by the retirement system, as of a date to be agreed upon by the county and the successor entity. (c) “Legacy benefit formulae” means the formulas available to county employees before January 1, 2013. (d) “Successor entity” means the Sacramento Area Sewer District, an entity organized and established pursuant to and operating under the authority of the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). (Added by Stats. 2024, Ch. 64, Sec. 1. (AB 2301) Effective July 2, 2024.)
  61. 31577.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. )

    Verify source ↗

    The successor entity takes over the county’s retirement-plan rights, duties, obligations, and liabilities for the county sanitation plan, and affected employees keep their retirement status as if no employer change occurred.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4.6. Sacramento Area Sewer District Pension Protection Act of 2024 [31574 - 31577] ( Article 4.6 added by Stats. 2024, Ch. 64, Sec. 1. ) ## 31577. (a) (1) Notwithstanding subdivision (b) of Section 31557, as of a date to be agreed upon by the county and the Sacramento Area Sewer District that is no earlier than the effective date of a resolution of the Board of Retirement of the Sacramento County Employees’ Retirement System consenting to membership of the successor entity’s employees, all employees of the county allocated exclusively to the successor entity shall be deemed to be employees of the successor entity and all duties and obligations of the employment relationship shall be assumed by the successor entity. The status of each employee deemed to have become an employee of the successor entity pursuant to this section, with respect to membership in the retirement system, shall, in all respects, be as if the employee had remained a member of the retirement system without any break in service or change of employer. (2) The successor entity shall be deemed to be a “district” as defined in this chapter, and shall, in all respects, assume all of the rights, obligations, and status previously occupied by the county, with regard to the county sanitation plan, as a participating district in the retirement system, including, but not limited, to all of the following: (A) The payment of employer contributions. (B) The payment of unfunded actuarial liability, including unfunded actuarial liability accrued as a result of all service rendered before separation from county employment as determined by the Sacramento County Employees’ Retirement System. (C) The withholding of employee contributions. (D) The reporting of compensation earnable and pensionable compensation. (E) Record retention and audit compliance. (F) The enrollment of eligible employees in membership. (G) Compliance with restrictions on the employment of retired persons. (H) The pickup of employee contributions pursuant to Section 414(h)(2) of the Internal Revenue Code and any agreement or resolution implementing that section. (3) The successor entity shall assume all rights, duties, obligations, and liabilities related to the county sanitation plan with respect to all legacy benefit formulae provided to county employees and shall be eligible to continue all available benefits, including all default and optional benefit provisions provided to county employees and in effect at the time of the transfer of rights, duties, and obligations to the successor entity, without interruption, effective as of a date to be agreed upon by the county and the successor entity. (b) The successor entity shall assume the prior obligations of the county sanitation plan for the payment of unfunded actuarial liability, which shall continue to be included in contribution rates calculated and approved pursuant to this chapter, including, but not limited to, Sections 31453, 31453.5, 31454, 31454.7, 31581, 31585, and 31586, as if no change in the participating employer had occurred. (c) The successor entity shall succeed to the rights, duties, and obligations of the county sanitation plan with respect to the following: (1) The replacement benefits program pursuant to Chapter 3.9 (commencing with Section 31899). The rights of each retirement system member to participate in the replacement benefits program, as those rights exist at the time of the transfer of rights, duties, and obligations to the successor entity, whether the member is actively employed, deferred, or retired, shall continue as if there had been no change in the status of the employer. The transfer of rights, duties, and responsibilities, and documentation thereof as may be required by the Internal Revenue Code, shall not be deemed to be the creation of a new replacement benefit program, and the continuation of employees’ rights pursuant to the operation of this section shall not be deemed the offering of a new plan to any employee, for purposes of Section 7522.43 and subdivision (c) of Section 31899. (2) All benefit provisions, including optional benefits, within the County Employees Retirement Law of 1937 or the Public Employees’ Pension Reform Act of 2013, as those rights exist at the time of the transfer of rights, duties, and obligations to the successor entity, whether the member is actively employed, deferred, withdrawn and redeposits, or retired, shall continue as if there had been no change in the status of the employer. (d) (1) The successor entity will continue to receive the benefits for excess contributions, including proceeds of pension obligation bonds, that the county paid to the Sacramento County Employees’ Retirement System before the date that the successor entity assumes all rights, duties, obligations, and liabilities related to the county sanitation plan through the Sacramento County Employees’ Retirement System, as if no change in the participating employer had occurred. (2) Debt payment obligations and any previous agreements related to the pension obligation bonds between the county and the Sacramento Area Sewer District shall be transferred to the successor entity to be resolved by the successor entity, independent of the Sacramento County Employees’ Retirement System. (Added by Stats. 2024, Ch. 64, Sec. 1. (AB 2301) Effective July 2, 2024.)
  62. 31580.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors must annually appropriate county funds to cover the full cost of administering 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31580. The board of supervisors shall appropriate annually from the proper county funds the amount necessary to defray the entire expense of administration of the retirement system based upon budget estimates prepared by the treasurer. (Added by Stats. 1947, Ch. 424.)
  63. 31580.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may add a reasonable annual amount to a district’s required retirement-system contribution, and may also charge a district a reasonable amount for costs caused by late reports or late forwarding of contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31580.1. The board may include each year in the contribution required of a district a reasonable amount, which may differ from district to district, to cover the costs of administering its retirement system as such costs affect the active and retired employees of that district. The board may also assess a district a reasonable amount to cover costs incurred because of the district’s failure to submit reports and forward contributions on a timely basis. (Added by Stats. 1972, Ch. 545.)
  64. 31580.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some county retirement boards must adopt an annual budget for retirement-system administration, and annual administrative expenses cannot exceed the stated cap.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31580.2. (a) In counties in which the board of retirement, or the board of retirement and the board of investment, have appointed personnel pursuant to Section 31522.1, 31522.5, 31522.7, 31522.9, 31522.10, or 31522.11, the respective board or boards shall annually adopt a budget covering the entire expense of administration of the retirement system, which expense shall be charged against the earnings of the retirement fund. The expense incurred in any year may not exceed the greater of either of the following: (1) Twenty-one hundredths of 1 percent of the accrued actuarial liability of the retirement system. (2) Two million dollars ($2,000,000), as adjusted annually by the amount of the annual cost-of-living adjustment computed in accordance with Article 16.5 (commencing with Section 31870). (b) Expenditures for computer software, computer hardware, and computer technology consulting services in support of these computer products shall not be considered a cost of administration of the retirement system for purposes of this section. (Amended by Stats. 2021, Ch. 26, Sec. 3. (AB 761) Effective January 1, 2022.)
  65. 31581.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    After a retirement system becomes operative, the board of supervisors must include required salary-and-wages appropriations in the county budget.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31581. After the date a system becomes operative the board of supervisors shall, in the preparation and adoption of the county budget, add to the appropriation for salaries and wages and include therein an appropriation determined pursuant to Sections 31453, 31453.5 and 31454. Until such determination the additional appropriations shall equal 23.77 percent of the total compensation provided for all safety members covered by Article 7.5 (commencing with Section 31662) and 8.85 percent of the total compensation provided for all other employees who are members of the retirement association. (Amended by Stats. 1971, Ch. 224.)
  66. 31581.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may choose to pay up to one-half of members’ required contributions, for a period set in the resolution, and those payments do not count as accumulated contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31581.1. (a) The board of supervisors may elect to pay up to one-half of the contributions normally required of members for any period of time designated in the resolution providing for such payment. The payments shall not become part of the accumulated contributions of the member. These payments may be made with respect to employees in one or more bargaining units irrespective of whether they are made with respect to other employees. (b) This section shall not apply to members who are subject to Section 7522.30. (Amended by Stats. 2013, Ch. 247, Sec. 16. (AB 1380) Effective January 1, 2014.)
  67. 31581.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors or district governing body may pay part of a member’s required retirement contributions, and may later amend or repeal that resolution, subject to specified 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31581.2. (a) The board of supervisors or the governing body of the district may agree to pay any portion of the contributions required to be paid by a member. All payments shall be in lieu of wages and shall be reported simply as normal contributions and shall be credited to member accounts. (b) The enactment of a resolution pursuant to this section shall not create vested rights in any member. The board of supervisors or the governing body of the district may amend or repeal the resolution at any time, subject to the provisions of Sections 3504 and 3505, or any similar rule or regulation of the county or district. (c) This section shall not apply to members who are subject to Section 7522.30. (Amended by Stats. 2013, Ch. 247, Sec. 17. (AB 1380) Effective January 1, 2014.)
  68. 31582.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The county auditor must certify payroll compensation and transfer the required percentage to the retirement fund. The board of supervisors, and certain districts, may authorize advance payments subject to a 30-day deadline after the fiscal year begins.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31582. (a) The county auditor shall certify to the board at the end of each month or at the end of each pay period the compensation earnable, as defined in Section 31461, and the pensionable compensation, as defined in Section 7522.34, paid to all members of the retirement association and the auditor shall thereupon transfer from the appropriation to the retirement fund the applicable percentage of this amount determined pursuant to Sections 31453, 31453.5, and 31454. Until that determination, the amount of the transfer shall be 23.77 percent of the compensation earnable, as defined in Section 31461, and the pensionable compensation, as defined in Section 7522.34, paid to all safety members and 8.85 percent of the compensation earnable, as defined in Section 31461, and the pensionable compensation, as defined in Section 7522.34, paid to all other members. (b) The board of supervisors may authorize the county auditor to make an advance payment of all or part of the county’s estimated annual contribution to the retirement fund, provided that the payment is made no later than 30 days after the commencement of the county’s fiscal year. This subdivision does not prevent the board of supervisors from authorizing the county auditor to make an advance payment for the estimated annual county contributions for an additional year or partial year if the advance payment is made no later than 30 days after the commencement of the county fiscal year for which the advance payment is made. If the advance is only a partial payment of the county’s estimated annual contribution, remaining transfers to the retirement fund shall be made at the end of each month or at the end of each pay period until the total amount required for the year is contributed. Transfers shall be adjusted at the end of the fiscal year to reflect the actual contribution required for that year. (c) A district subject to Section 31585 may also authorize an advance payment of all or part of the district’s estimated annual contribution to the retirement fund, provided that the payment is made no later than 30 days after the commencement of the district’s fiscal year. This subdivision does not prevent the governing body of a district from authorizing the district to make an advance payment for the estimated annual district contributions for an additional year or partial year if the advance payment is made no later than 30 days after the commencement of the district fiscal year for which the advance payment is made. If the advance is only a partial payment of the district’s estimated annual contribution, payments to the retirement fund shall be made at the end of each month or at the end of each pay period until the total amount required for the year is contributed. This amount shall be adjusted at the end of the fiscal year to reflect the actual contribution required for that year. (Amended by Stats. 2017, Ch. 76, Sec. 1. (SB 671) Effective January 1, 2018.)
  69. 31582.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county auditor may be exempt from making the certifications required by Section 31582 if the board of retirement so provides in that 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31582.1. In any county in which the board of retirement so provides, the county auditor shall not be required to make the certifications required by Section 31582. (Added by Stats. 1974, Ch. 1317.)
  70. 31584.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors must make the appropriations. If it does not, the county auditor must transfer the specified sums from money available in the county treasury.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31584. The board of supervisors shall make the appropriations, and if it fails or neglects to make the appropriations, the county auditor shall transfer from any money available in any fund in the county treasury the sums specified by this chapter and this transfer shall have the same force and effect as it would have had if the required appropriation had been made by the board of supervisors. (Amended by Stats. 1973, Ch. 517.)
  71. 31585.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a district joins the retirement system, it must make the same appropriations and fund transfers as the county, and those charges are legally against the district’s 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31585. When any district becomes a part of the retirement system, the same appropriations and transfers of funds shall be made as those required of the county in this article, and such charges are legal charges against the funds of the district. (Added by Stats. 1947, Ch. 424.)
  72. 31585.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a county school service fund employee elects to stay in the retirement system, the county must make the same appropriations, transfers, and fund dispositions required by 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31585.1. When an employee paid from the county school service fund elects to remain a member of this retirement system as authorized by Section 1313 of the Education Code, the same appropriations, transfers, and disposition of funds shall be made as those required of the county by this article, and those charges are legal charges against the funds of the county school service fund. (Amended by Stats. 2006, Ch. 538, Sec. 307. Effective January 1, 2007.)
  73. 31585.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When a district is included in the retirement system, its appropriations and transfers under Section 31585 are treated as legal charges against district funds and as administration expenses 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31585.2. On and after the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, the district’s appropriations and transfers of funds made pursuant to Section 31585 shall be legal charges against the funds of the district and shall be part of the expense of administration of the retirement system pursuant to Section 31580.2. (Added by Stats. 2002, Ch. 74, Sec. 5. Effective June 27, 2002.)
  74. 31586.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County payments into the retirement fund are obligations of the county or district.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31586. All payments of the county or of any district into the retirement fund, whether made pursuant to this article or made pursuant to law, are obligations of the county or district. (Added by Stats. 1947, Ch. 424.)
  75. 31587.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must apply county or district contributions to system obligations in a set order.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31587. The board shall apply the contributions of the county or district to its obligations under the system in the order and amounts as follows: First, in an amount equal during each fiscal year to the liability accruing to the county or district because of service rendered during such year and on account of service and disability pensions, in an amount determined by the actuarial valuation as interpreted by the actuary. Second, in an amount equal during each fiscal year to the payments made from contributions by the county or district during the year for death benefits. Third, the balance of such contributions on the liabilities accrued on account of prior service benefits. (Added by Stats. 1947, Ch. 424.)
  76. 31588.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County retirement systems must open an employees retirement fund account, and the fund must be administered as a trust for members, retirees, survivors, and 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31588. A trust fund account to be designated as “employees retirement fund” shall be opened upon the books of the retirement board, or treasurer and auditor if authorized by the board, of any county adopting this retirement system. The “employees retirement fund” shall be a trust fund created or continued and administered in accordance with this chapter, solely for the benefit of the members and retired members of the system and their survivors and beneficiaries. Nothing in this section shall be construed to prohibit the retirement board paying administrative costs, already authorized or to be authorized, or to prohibit the transfer of surplus funds to county advance reserves. (Amended by Stats. 1995, Ch. 584, Sec. 4.5. Effective January 1, 1996.)
  77. 31588.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The section creates a deferred yield adjustment account in the County Employees’ Retirement System and says it becomes operative in a county only if the board adopts a majority-vote resolution making it applicable there.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31588.1. There is hereby established in the County Employees’ Retirement System a deferred yield adjustment account which shall be increased by the sale or disposition of any debt securities at less than book value and shall be decreased by the sale or disposition of debt securities at more than book value. At the end of each year, a portion of the balance of this account shall be offset against the investment income for that year. The annual portion of the balance to be offset shall be proportional to the reciprocal of the average remaining life of the bonds sold. The amount of this account shall be included in any accounting or actuarial computations or listing of assets. In any year in which the gains on the sales of debt securities exceed the discounts realized on the sales of such securities, the excess shall be used to reduce the balance of the account. This section shall not be operative in any county until such time as the board shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1974, Ch. 1366.)
  78. 31588.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Retirement fund money may be used only for administration of the system, investments for the system’s benefit, and benefits for members, retired members, and their survivors and 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31588.2. Notwithstanding any other provision of law, no funds in the retirement fund shall be expended for any purpose other than the expense of administration of the system, investments for the benefit of the system, and the provision of benefits to the members and retired members of the system and their survivors and beneficiaries. (Added by Stats. 1983, Ch. 923, Sec. 3.)
  79. 31589.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Transfers, payments, withdrawals, and other cash transactions for the retirement system must be recorded on the books and handled like county transactions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31589. All transfers or payments to the retirement system and all withdrawals and other cash transactions, shall be accounted upon the books of the retirement board, or treasurer and auditor, if authorized by the board, in and out of the retirement fund, in the same manner as county transactions. (Amended by Stats. 1995, Ch. 584, Sec. 5. Effective January 1, 1996.)
  80. 31589.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    A retirement system may amortize gain or loss from certain bond trades, and the traded bonds must be in the first four grades.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31589.1. There is hereby established for accounting purposes in the County Employees Retirement Law of 1937 the following procedure for treating a trade of bonds for similar bonds. Any loss or gain attributable to a trade of a like bond in the portfolio of any retirement system adopted pursuant to this chapter may be amortized over the life of the bond traded out by adding to or subtracting from the discount or premium attributable to the bond traded in. Like bonds for purposes of this section are considered to be bonds which will mature within seven years of the life of the bond traded out. Bonds to be traded must be of the first four grades. The fact that one bond may be a debenture and another a mortgage bond, or that the bonds may have different rates of return, shall not keep them from being like bonds. This section shall not be operative in any county until such time as the board shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1974, Ch. 1366.)
  81. 31590.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    The retirement fund’s warrants, checks, and electronic fund transfers must be signed or authorized by at least two designated board officers or employees, with additional auditor involvement in some cases. Benefit recipients may choose direct deposit, and the board or treasurer may authorize certain trust institutions to process and issue payments.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31590. (a) All warrants, checks, and electronic fund transfers drawn on the retirement fund shall be signed or authorized by at least two board officers or employees, designated by the board or by the treasurer if designated by the board. If the treasurer is designated by the board, the board shall also designate the auditor to sign or authorize warrants, checks, and electronic fund transfers. The authorization may be by blanket authorization of all warrants, checks, or electronic fund transfers appearing on a list or register, or may be by a standing order to draw warrants, checks, or electronic fund transfers, which shall be good until revoked. If the treasurer and auditor are designated by the board, a warrant, check, or electronic fund transfer is not valid until it is signed or authorized, numbered, and recorded by the county auditor, except as provided in subdivision (c). (b) Any person entitled to the receipt of benefits may authorize the payment of the benefits to be directly deposited by electronic fund transfer into the person’s account at the financial institution of the person’s choice under a program for direct deposit by electronic transfer established by the board or treasurer if authorized by the board. The direct deposit shall discharge the system’s obligation in respect to that payment. (c) The board may, or, if authorized by the board, the treasurer shall, authorize a trust company or trust department of any state or national bank authorized to conduct the business of a trust company in this state or the Federal Reserve Bank of San Francisco or any branch thereof within this state, to process and issue payments by check or electronic fund transfer. (Amended by Stats. 1996, Ch. 493, Sec. 5. Effective January 1, 1997.)
  82. 31590.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    This section limits how retirement-fund payments may be signed, authorized, and deposited, and it expires on January 1, 2028.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31590.2. (a) (1) This section applies only to a retirement system in a county of the first class, as described in Sections 28020 and 28022. (2) All warrants, checks, and electronic fund transfers drawn on the retirement fund shall be signed or authorized by at least two board officers or employees, designated by the board or by the treasurer if designated by the board. If the treasurer is designated by the board, the board shall also designate the auditor to sign or authorize warrants, checks, and electronic fund transfers. The authorization may be by blanket authorization of all warrants, checks, or electronic fund transfers appearing on a list or register, or may be by a standing order to draw warrants, checks, or electronic fund transfers, which shall be good until revoked. If the treasurer and auditor are designated by the board, a warrant, check, or electronic fund transfer is not valid until it is signed or authorized, numbered, and recorded by the county auditor, except as provided in subdivision (c). (b) Any person entitled to the receipt of benefits may authorize the payment of the benefits to be deposited as follows: (1) Directly deposited by electronic fund transfer into the person’s account at the financial institution of the person’s choice under a program for direct deposit by electronic transfer established by the board or treasurer if authorized by the board. The direct deposit shall discharge the system’s obligation in respect to that payment. (2) Deposited into a prepaid account under a program for deposit into a prepaid account that is established by the board or by the treasurer if authorized by the board. That deposit shall discharge the system’s obligation in respect to that payment. For purposes of this paragraph, a prepaid account shall have the same meaning as in Section 1339.1 of the Unemployment Insurance Code and shall meet the applicable requirements of that section to qualify under this paragraph. (c) The board may, or, if authorized by the board, the treasurer shall, authorize a trust company or trust department of any state or national bank authorized to conduct the business of a trust company in this state or the Federal Reserve Bank of San Francisco or any branch thereof within this state, to process and issue payments by check or electronic fund transfer. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2024, Ch. 108, Sec. 3. (AB 2474) Effective January 1, 2025. Repealed as of January 1, 2028, by its own provisions.)
  83. 31591.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Interest must be credited semiannually to eligible retirement fund contributions, and no interest may be credited after membership ends except in listed situations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31591. (a) Regular interest shall be credited semiannually on June 30th and December 31st to all contributions in the retirement fund which have been on deposit for six months immediately prior to that date. Interest at the rate of 21/2 percent per annum, until otherwise determined by the board, compounded semiannually, shall be used in the calculation of benefits under any mortality table adopted by the board of supervisors. (b) No interest shall be credited to a member’s account after the membership of the member in the retirement association has ceased, except under any of the following circumstances: (1) The former member has left his or her accumulated contributions in the retirement fund and has either elected, in writing, a deferred retirement allowance, or is eligible to so elect under Section 31700 but has failed to do so. (2) The surviving spouse of a deceased member or the legally appointed guardian of the member’s unmarried children under age 18 has elected to leave a death benefit on deposit as provided for in Section 31781.2. (3) The former member, regardless of service, has left his or her accumulated contributions in the retirement fund and has not terminated employment. (Amended by Stats. 1997, Ch. 43, Sec. 1. Effective January 1, 1998.)
  84. 31592.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Any yearly earnings of the retirement fund that exceed credited interest must stay in the fund as a reserve, unless Sections 31529.5 or 31592.2 provide 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592. Earnings of the retirement fund during any year in excess of the total interest credited to contributions and reserves during such year shall remain in the fund as a reserve against deficiencies in interest earnings in other years, losses on investments and other contingencies, except as provided in Sections 31529.5 and 31592.2. (Amended by Stats. 1977, Ch. 202.)
  85. 31592.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    The board may move certain excess retirement fund earnings into county advance reserves, and the board of retirement may use those reserves to pay specified benefits if the stated 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592.2. (a) In any county, earnings of the retirement fund during any year in excess of the total interest credited to contributions and reserves during such year shall remain in the fund as a reserve against deficiencies in interest earnings in other years, losses on investments, and other contingencies, except that, when such surplus exceeds 1 percent of the total assets of the retirement system, the board may transfer all, or any part, of such surplus in excess of 1 percent of the said total assets into county advance reserves for the sole purpose of payment of the cost of the benefits described in this chapter. (b) Where the board of supervisors has provided for the payment of all, or a portion, of the premiums, dues, or other charges for health benefits, Medicare, or the payment of accrued sick leave at retirement to or for all, or a portion, of officers, employees, and retired employees and their dependents, from the county general fund or other sources, the board of retirement may authorize the payment of all, or a portion, of payments of the benefits described in this subdivision from the county advance reserves. This payment shall comply with the requirements of Section 401 of Title 26 of the United States Code. Payment may be made directly from the county advance reserves for the benefits described in Section 31691.1. (Amended by Stats. 2014, Ch. 740, Sec. 6. (AB 2473) Effective January 1, 2015.)
  86. 31592.3.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    A county retirement board may move reserve earnings above 1% of total system assets into a special fund for certain monthly retirement allowance increases, and the county board of supervisors may make the section apply by ordinance.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592.3. In any county, earnings of the retirement fund, in excess of the total interest credited to contributions and reserves shall remain in the fund as a reserve against deficiencies in interest earnings in other years, losses on investments, and other contingencies, except that when the total amount in the reserve exceeds 1 percent of the total assets of the retirement system, the board may transfer all or any part of such reserve in excess of 1 percent of the total assets into a special fund which shall be used for the sole purpose of providing an increase in monthly retirement allowance pursuant to Section 31681.7 or Section 31739.4. In the event the amount credited to the special fund is not sufficient to pay the entire amount of the increase provided for by Section 31681.7 or Section 31739.4 then the amount of the increase shall be reduced in proportion to the amount of the balance on hand in the special fund at the close of the fiscal year preceding the fiscal year during which such increase is operative. This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance, make the provisions of this section applicable in such county. The board of supervisors may in such ordinance provide that the increase in monthly retirement allowance provided for by Section 31681.7 or 31739.4 shall be effective only subject to the provisions of this section. (Amended by Stats. 1968, Ch. 94.)
  87. 31592.4.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    This section sets rules for using excess retirement fund earnings to fund retiree health benefits, creates limits on transfers and use of a medical benefits account, and requires county boards and the retirement system to take compliance and administration steps.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592.4. (a) The amount of excess earnings available at the end of a fiscal year of the retirement fund, shall, subject to the limitations in this section, be treated in the immediately succeeding fiscal year, for all purposes under this chapter, as appropriations, transfers, and contributions made to the retirement fund by the county and applicable districts. That treatment shall occur only to the extent that, in the immediately succeeding fiscal year, the county and applicable districts pay for an equal amount of health benefits for members heretofore or hereafter retired and their dependents or make contributions in an equal amount to an account established under Section 401(h) of Title 26 of the United States Code solely for the purpose of providing health benefits for retired members, their spouses, and dependents, and for the associated administrative and investment expenses. (b) For purposes of this section, “excess earnings” means earnings of the retirement fund at the end of any fiscal year that exceed the total interest credited to contributions and reserves plus 1 percent of the total assets of the retirement fund. (c) The board of supervisors or the board of retirement shall take any actions necessary and appropriate to ensure that the program provided by this section complies with all applicable federal and state income tax laws, including, but not limited to, establishing rules and procedures for establishing and maintaining an account under Section 401(h) of Title 26 of the United States Code. (d) In accordance with Section 401(h) of Title 26 of the United States Code and Section 1.401-14(c) of the Code of Federal Regulations: (1) The retirement system shall specify the medical benefits that will be available and shall set out the amount that will be paid. (2) Medical benefits shall be subordinate to the retirement benefits when added to any life insurance benefits. (3) A separate account shall be maintained for contributions to fund the medical benefits. (4) The funds in the separate account may be invested with the funds for retirement benefits and the earnings shall be allocated to each account in a reasonable manner. (5) Amounts contributed for medical benefits shall be reasonable and ascertainable. (6) No part of the medical benefits account may be used for or diverted to any purpose other than providing medical benefits and paying necessary or appropriate expenses for the administration of the medical benefits account. (7) Any amounts remaining in the medical benefits account after satisfaction of all medical benefits liabilities for all members, their spouses, and dependents shall be returned to the employer. (8) If a member’s interest in the medical benefits account is forfeited prior to plan termination, an amount equal to the forfeiture shall reduce employer contributions to fund the account. (e) Except to the extent allowed by Sections 401 and 420 of Title 26 of the United States Code, and related federal regulations, assets shall not be transferred or otherwise paid from the funds held by the retirement system for retirement benefits to a medical benefits account. Assets shall not be transferred or otherwise paid from a medical benefits account to the funds held by the retirement system for retirement benefits. (f) This section shall not be operative in any county until the board of supervisors and the board of retirement of the county, by resolution adopted by a majority vote of each board, make this section operative in the county. (g) This section is not intended, and shall not be construed to, affect the validity of any agreement entered into by a county and a retirement association whereby a county has agreed to provide and fund a health insurance program for retired employees and their dependents for hospital services, medical services, dental services, and optical services, prior to the effective date of this section. (h) This section establishes a method of providing health benefits for retired members, their spouses, and dependents to the extent allowed under Sections 31592.2 and 31691. This section does not authorize duplicate benefits. (i) This section may be made applicable in any county that has adopted Article 5.5 (commencing with Section 31610), in which case the Supplemental Retiree Benefits Reserve shall be substituted for the excess earnings described in this section. This section also may be made applicable to any arrangement established under Article 8.6 (commencing with Section 31694). (Amended by Stats. 2014, Ch. 740, Sec. 7. (AB 2473) Effective January 1, 2015.)
  88. 31592.5.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    The board must give recognized retiree organizations reasonable advance notice of proposed retirement-benefit or excess-fund changes, and the organization must be allowed to comment before the board takes formal action.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592.5. The board shall provide to any recognized retiree organization reasonable advance notice of any proposed changes to the retirement benefits offered by the system or the use or uses of excess funds of the retirement system. The organization shall have a reasonable opportunity to comment prior to any formal action by the board on the proposed changes. (Amended by Stats. 2012, Ch. 178, Sec. 4. (SB 1382) Effective January 1, 2013.)
  89. 31592.6.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    On request, the board must help a recognized retiree organization distribute communications to retired members, may use combined or separate mailings, and may charge only a reasonable fee that does not exceed actual costs.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31592.6. In order for a recognized retiree organization to fulfill its obligations to the retired members of the system and to communicate with them, upon the organization’s request the board shall cooperate with and assist the organization in distributing communications regarding membership in and retiree benefit programs available through the organization to all or a portion of those retired members. The content of those communications shall be wholly the responsibility of the recognized retiree organization, and the board shall not have any liability for the content of those communications. Cooperation and assistance in distribution may consist of combined or separate mailings. The board may charge a reasonable fee for those mailings, which may not exceed the actual costs to the system, including staff time for preparation of the mailings. (Added by Stats. 2012, Ch. 178, Sec. 5. (SB 1382) Effective January 1, 2013.)
  90. 31593.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

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    The retirement board must audit the retirement system at least every 12 months, report on its financial condition, and file a copy of the audit report with 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31593. The retirement board shall conduct an audit of the retirement system at least once every 12 months and report upon its financial condition. The retirement board may retain the services of a certified public accountant to perform the annual audit. That audit shall be performed in accordance with generally accepted auditing standards. The cost of the audit shall be considered a cost of the administration of the retirement system. The audit report shall address the financial condition of the retirement system, internal accounting controls, and compliance with applicable laws and regulations. A copy of the audit report shall be filed with the board of supervisors. Nothing in this section shall preclude the retirement board from selecting the county auditor to perform the annual audit, and if so done, the cost of that audit shall be considered a cost of the administration of the retirement system. At the request of the county board of supervisors, the county auditor may audit the accounts of the retirement system. The expense of that audit shall not be a cost chargeable by the county to the retirement system. (Amended by Stats. 2023, Ch. 159, Sec. 12. (SB 885) Effective January 1, 2024.)
  91. 31594.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The Legislature says retirement boards may be allowed to make prudent investments under Section 31595 and wants laws that restrict prudent investments to be repealed or amended.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31594. It is the intent of the Legislature, consistent with the mandate of the voters in passing Proposition 21 at the June 5, 1984, Primary Election, to allow the board of any retirement system governed by this chapter to invest in any form or type of investment deemed prudent by the board pursuant to the requirements of Section 31595. It is also the intent of the Legislature to repeal, or amend as appropriate, certain statutory provisions, whether substantive or procedural in nature, that restrict the form, type, or amount of investments that would otherwise be considered prudent under the terms of that section. This will increase the flexibility and range of investment choice available to these retirement systems, while ensuring protection of the interests of their beneficiaries. (Repealed and added by Stats. 1984, Ch. 1738, Sec. 5. Effective September 30, 1984.)
  92. 31595.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board controls investment of the employees retirement fund and must manage it as a trust for beneficiaries, with prudence and diversification unless prudence makes diversification inappropriate.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31595. The board has exclusive control of the investment of the employees retirement fund. The assets of a public pension or retirement system are trust funds and shall be held for the exclusive purposes of providing benefits to participants in the pension or retirement system and their beneficiaries and defraying reasonable expenses of administering the system. Except as otherwise expressly restricted by the California Constitution and by law, the board may, in its discretion, invest, or delegate the authority to invest, the assets of the fund through the purchase, holding, or sale of any form or type of investment, financial instrument, or financial transaction when prudent in the informed opinion of the board. The board and its officers and employees shall discharge their duties with respect to the system: (a) Solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the system. (b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. (c) Shall diversify the investments of the system so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. (Repealed and added by Stats. 1984, Ch. 1738, Sec. 7. Effective September 30, 1984.)
  93. 31595.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may authorize the treasurer to manage retirement system money, and the treasurer may invest, reinvest, and sell securities only if authorized by 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31595.1. (a) The board may authorize the treasurer to control and safely keep some or all of the moneys of the retirement system. If authorized, the treasurer may invest and reinvest the moneys, and may from time to time sell any securities belonging to the system and may invest and reinvest the proceeds therefrom. An investment in or sale of securities shall not be made except upon the authorization of the board. (b) The board, in lieu of acting pursuant to subdivision (a), may delegate to another entity some or all of the powers prescribed in that subdivision. (Amended by Stats. 1995, Ch. 584, Sec. 7. Effective January 1, 1996.)
  94. 31595.41.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The provision ratifies, confirms, and validates certain acts by the board and its officers and employees related to exchange-traded call options and related matters.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31595.41. All acts made or done by the board or its officers and employees, on or after January 1, 1983, and until the effective date of this section, with respect to exchange-traded call options and related matters, which would have been valid if Section 31595.4, as amended by Section 1 of the act which enacts this section, had been in effect at the time the acts were made or done are hereby ratified, confirmed, and validated. (Added by Stats. 1983, Ch. 130, Sec. 2.)
  95. 31595.9.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The county treasurer may invest funds not needed for current disbursements in repurchase agreements or reverse repurchase agreements.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31595.9. Notwithstanding the provisions of Section 31595, in addition to other investments authorized by this article, funds received by the county treasurer not required for current disbursements may be invested in repurchase agreements or reverse repurchase agreements of any securities authorized by this article. For purposes of this section, “repurchase agreement” means a purchase of securities by the board pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount. For purposes of this section, “reverse repurchase agreement” means a sale of securities by the board pursuant to an agreement by which the board will repurchase the securities on or before a specified date and for a specified amount. (Added by Stats. 1983, Ch. 534, Sec. 2.)
  96. 31596.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When retirement-association securities are sold, the county treasurer must deliver them to the purchaser after receiving payment, and may sign documents needed to transfer title. The board can authorize certain insured institutions or a Federal Reserve Bank to act as custodian of the securities.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31596. (a) When securities belonging to or held for the retirement association are sold, the county treasurer shall deliver the securities to the purchaser upon receiving the proceeds, and may execute any and all documents necessary to transfer title. The duties imposed upon the county treasurer by this article are a part of his or her official duties, for the faithful performance of which he or she is liable on his or her official bond. (b) The board may, or if authorized by the board, the treasurer shall authorize a state or federally chartered depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation, or any trust company licensed under state or federal law to conduct the business of a trust company or any Federal Reserve Bank, to act as custodian of any securities owned by the retirement association. In that case, the duties imposed by subdivision (a) upon the county treasurer shall instead be performed by the board and shall be included in any agreement for custodial services. Any of these banks or trust companies may be authorized to collect the income from the securities and deposit the proceeds in an account established by the board for the retirement association. (Amended by Stats. 1999, Ch. 771, Sec. 1. Effective January 1, 2000.)
  97. 31596.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The system must bear the costs of investing its money. Several listed investment-related expenses are not treated as administration costs.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31596.1. The expenses of investing its moneys shall be borne solely by the system. The following types of expenses shall not be considered a cost of administration of the retirement system, but shall be considered as a reduction in earnings from those investments or a charge against the assets of the retirement system as determined by the board: (a) The costs, as approved by the board, of actuarial valuations and services rendered pursuant to Section 31453. (b) The compensation of any bank or trust company performing custodial services. (c) When an investment is made in deeds of trust and mortgages, the fees stipulated in any agreement entered into with a bank or mortgage service company to service such deeds of trust and mortgages. (d) Any fees stipulated in an agreement entered into with investment counsel for consulting or management services in connection with the administration of the board’s investment program, including the system’s participation in any form of investment pools managed by a third party or parties. (e) The compensation to an attorney for services rendered pursuant to Section 31607 or legal representation rendered pursuant to Section 31529.1. (Amended by Stats. 1992, Ch. 1047, Sec. 3. Effective January 1, 1993.)
  98. 31597.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Each year, before June 30, the retirement board must file a sworn financial statement with the county auditor and 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31597. Before June 30th of each year the retirement board shall file in the office of the county auditor and with the board of supervisors a sworn statement that shall exhibit the financial condition of the retirement system at the close of the preceding December 31st and its financial transactions for the year ending on that day. (Amended by Stats. 2003, Ch. 520, Sec. 4. Effective January 1, 2004.)
  99. 31597.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement board must file a sworn annual financial statement with the county auditor and board of supervisors by December 31.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31597.1. Before December 31 of each year, the retirement board shall file in the office of the county auditor and with the board of supervisors a sworn statement that shall exhibit the financial condition of the retirement system at the close of the preceding June 30th and its financial transactions for the fiscal year ending that day. This section is not operative in any county until the board of supervisors, by resolution adopted by a majority vote, makes the provisions of this section applicable in the county. After the filing of the first fiscal year accounting under this section, the provisions of Section 31597 do not apply in the county. (Amended by Stats. 2003, Ch. 520, Sec. 5. Effective January 1, 2004.)
  100. 31597.2.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the treasurer must file the statement required by Section 31597 or 31597.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31597.2. In those counties in which the retirement board has authorized the treasurer to control and hold the assets of the retirement system pursuant to subdivision (a) of Section 31595.1, the treasurer shall be responsible for filing the statement required by Section 31597 or Section 31597.1, as applicable. (Added by Stats. 1995, Ch. 584, Sec. 11. Effective January 1, 1996.)
  101. 31598.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The annual statement must be prepared using generally accepted accounting principles and based on standards issued by the Government Accounting Standards Board or its successor.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31598. The annual statement shall be prepared in accordance with generally accepted accounting principles on the basis of pronouncements of the Government Accounting Standards Board or its successor organization. (Repealed and added by Stats. 1996, Ch. 680, Sec. 11. Effective January 1, 1997.)
  102. 31599.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement board must keep records and accounts, or the treasurer may do so if authorized by the board, showing specified contribution amounts at any time.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31599. In addition to other records and accounts, the retirement board, or the treasurer if authorized by the board, shall keep records and accounts as are necessary to show at any time: (a) The total accumulated contributions of members. (b) The total accumulated contributions of retired members less the annuity payments made to the members. (c) The accumulated contributions of the county or district held for the benefit of members on account of service rendered as members of the retirement system. (d) All other accumulated contributions of the county or district, including the amounts available to meet the obligation of the county or district on account of benefits granted to retired employees and on account of prior service of members. (Amended by Stats. 1995, Ch. 584, Sec. 12. Effective January 1, 1996.)
  103. 31600.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Pensions, annuities, and retirement allowances are paid in equal monthly installments, with a smaller pro rata amount for any partial month at the start or end of payment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31600. A pension, annuity, or retirement allowance is payable in equal monthly installments, but a smaller pro rata amount may be paid for part of a month when the pension, annuity, or retirement allowance begins after the first day of the month or ends before the last day of the month. (Added by Stats. 1947, Ch. 424.)
  104. 31601.1.

    ## 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Real property investments in certain counties need board approval by a specified vote threshold.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31601.1. In counties having a board of investments pursuant to Section 31520.2, no investment shall be made in real property unless it is approved by six votes of the board or, where a county board of supervisors or a county board of education has a material interest in the property unless it is approved by nine votes of the board. (Amended by Stats. 1984, Ch. 1738, Sec. 19. Effective September 30, 1984.)
  105. 31602.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may create a home-loan program for members and annuitants and must adopt regulations governing 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31602. Notwithstanding any other provision of law, the board of retirement, or, in counties that have established a board of investments, the board of investments, may establish a program utilizing the retirement fund to assist system members and annuitants, through financing, to obtain homes in this state. The board shall adopt regulations governing the program which shall, among other things, provide: (a) That home loans be made available to currently employed members and annuitants for the purchase of single-family dwellings, two-family dwellings, three-family dwellings, four-family dwellings, single-family cooperative apartments, and single-family condominiums. (b) That private lending institutions in this state shall originate and service its home loans pursuant to agreements entered into between those institutions and the board. (c) That the recipients of the loans occupy the homes as their permanent residences in accordance with the rules and regulations established by the board. (d) That its home loans shall be available only for the purchase or refinancing of homes in this state and that under no condition shall a member or annuitant have more than one outstanding loan. (e) That the amount and length of the loans shall be pursuant to a schedule periodically established by the board which shall provide a loan to value ratio of: (1) for the first loan, except for three-family dwellings and four-family dwellings, a maximum of 95 percent of the first loan; (2) for the first loan on three-family dwellings and four-family dwellings, a maximum of 90 percent of the first loan; and (3) for each additional loan, a maximum of 80 percent of each additional loan. The portion of any loan exceeding 80 percent of value shall be insured by an admitted mortgage guaranty insurer conforming to Chapter 2A (commencing with Section 12640.01) of Part 6 of Division 2 of the Insurance Code in an amount so that the unguaranteed portion of the loan does not exceed 75 percent of the market value of the property together with improvements thereon. (f) That there may be prepayment penalties assessed on its loan in accordance with the rules and regulations established by the board. (g) That the criteria and terms for its loans shall provide the greatest benefit to members and annuitants consistent with the financial integrity of the program and the sound investment of the retirement fund. (h) Any other terms and conditions as the board shall deem appropriate. (Amended by Stats. 1991, Ch. 1091, Sec. 58.)
  106. 31603.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of retirement or board of investments may take a loan and use part of the retirement fund assets as security if specified emergency 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 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31603. The board of retirement or the board of investments, as applicable, may obtain a loan and pledge a portion of the assets of the retirement fund as security for the repayment of the loan if the board finds all of the following: (a) An emergency exists affecting the national banking system or financial markets. (b) The emergency prevents the association from readily accessing its funds. (c) The loan is necessary to promptly deliver benefits when due. The assets of the retirement fund pledged as security for the loan shall be subject to execution and other processes of the court only in connection with a proceeding to enforce the loan. The costs associated with securing and repaying the loan, including interest, shall be a charge against investment earnings of the fund. (Added by Stats. 2003, Ch. 520, Sec. 6. Effective January 1, 2004.)
  107. 31607.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may hire a private-practice attorney to help carry out its investment powers and duties.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Financial Provisions [31580 - 31607] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 31607. To assist in carrying out its investment powers and duties the board may employ an attorney in private practice. (Amended by Stats. 1984, Ch. 1738, Sec. 26. Effective September 30, 1984.)
  108. 31610.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

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    This article does not take effect in a county unless the county board of retirement and the county board of supervisors adopt it 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31610. This article shall not become operative in any county unless and until it is adopted by resolution of the county board of retirement and the county board of supervisors, whereupon, the following sections shall not be operative as to that county: Sections 31453, 31529.5, 31591, 31592, 31592.2, 31592.3, and 31871. (Added by renumbering Section 31510 by Stats. 1984, Ch. 193, Sec. 54.)
  109. 31611.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    The board must get an actuarial valuation done on schedule, have it supervised by an enrolled actuary, and make timely recommendations to 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31611. An actuarial valuation shall be made within one year after the date on which any system established under this chapter becomes effective, and thereafter at intervals not to exceed three years. The valuation shall be conducted under the supervision of an enrolled actuary and shall cover the mortality, service, and compensation experience of the members and beneficiaries, and shall evaluate the assets and liabilities of the retirement fund. Upon the basis of the investigation, valuation, and recommendation of the actuary, the board shall, at least 60 days prior to the beginning of the succeeding fiscal year, recommend to the board of supervisors such changes in the rates of interest, in the rates of contributions of members, in county and district appropriations as are necessary, and appropriate mortality tables. In making recommendations to the board of supervisors, the board shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. No adjustment shall be included in the new rates for time prior to the effective date of the revision. The cost of actuarial valuations and investigations may, in the sound discretion of the board, be charged against the earnings of the retirement fund. (Added by renumbering Section 31510.1 by Stats. 1984, Ch. 193, Sec. 55.)
  110. 31612.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    “Actuarial rate” means the interest assumption rate set by the most recent actuarial survey recommended by the board of retirement and adopted 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31612. “Actuarial rate” means the interest assumption rate established by the most recent actuarial survey recommended by the board of retirement and adopted by the board of supervisors. (Added by renumbering Section 31510.2 by Stats. 1984, Ch. 193, Sec. 56.)
  111. 31613.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    This section defines “net earnings” for the retirement fund and lets the board of retirement deduct certain required amounts from the Contingency Reserve Account.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31613. “Net earnings” means the earnings of the retirement fund after accounting for any direct investment losses recognized during the year, less the amounts taken from the earnings as specified in subdivisions (a) and (b): (a) The amounts specified in Sections 31580.2, 31580.3, if applicable, subdivisions (b) and (d) of Section 31596, if applicable and Section 31611 and 31614. (b) Any reductions from earnings required by Sections 31588.1 and 31589.1, if applicable. Part or all of any amounts required by Sections 31588.1 and 31589.1 may be deducted, at the discretion of the board of retirement, from the Contingency Reserve Account as described in Section 31616. (Added by renumbering Section 31510.3 by Stats. 1984, Ch. 193, Sec. 57.)
  112. 31614.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    A county board may hire a private-practice attorney in limited conflict-or-need situations, and the attorney’s compensation must come from the retirement fund earnings or the county general 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31614. Notwithstanding Section 31529, the board may contract for the legal services of an attorney in private practice when the board determines, after consultation with the county counsel, that the county counsel cannot provide the board with legal services due to a conflict of interest or other compelling reason. The compensation of the attorney shall be charged against the earnings of the retirement fund or paid from the county general fund. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county. (Added by renumbering Section 31510.4 by Stats. 1984, Ch. 193, Sec. 58.)
  113. 31615.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    Interest is credited to retirement fund accounts semiannually, subject to specified account and deposit 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31615. Regular interest at the actuarial rate, or at the highest rate possible if net earnings, as defined in Section 31613 are not sufficient to credit the full actuarial rate, shall be credited semiannually on June 30 and December 31 to all contributions, reserves, and accounts in the retirement fund, except the Contingency Reserve Account, which have been on deposit for six months immediately prior to those dates. Interest at the actuarial rate, compounded semiannually, shall be used in the calculation of benefits under any mortality table adopted by the board of supervisors. No interest shall be credited to a member’s account after the termination of the member’s county service, unless the member has elected, in writing, to leave his or her accumulated contributions in the retirement fund and be granted a deferred retirement allowance, or the surviving spouse of a deceased member or the legally appointed guardian of the member’s unmarried children under age 18 has elected to leave a death benefit on deposit as provided for in Section 31781.2. (Added by renumbering Section 31510.5 by Stats. 1984, Ch. 193, Sec. 59.)
  114. 31616.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    The board must manage the Contingency Reserve Account within stated limits and replenish it if it falls below 1% of system assets. The account may not be used to pay 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31616. After the semiannual application of Section 31615, earnings of the retirement fund in excess of the total interest credited to contributions and reserves shall remain in the fund as a reserve against deficiencies in interest earnings, losses on investments, or payments made pursuant to Section 31588.1 or 31589.1, if applicable. These funds shall be placed in an account known hereafter as the Contingency Reserve Account. The size of this account shall be determined semiannually by the board but shall not exceed 3 percent of the total assets of the retirement fund. If, at the end of any semiannual period, the balance of the Contingency Reserve Account falls below 1 percent of system assets, the board shall, by the end of the subsequent semiannual period, provide funds from earnings of fund assets from the subsequent semiannual period, to bring the level of the Contingency Reserve Account to at least 1 percent of system assets. No funds in the Contingency Reserve Account shall be available for the payment of benefits. Net earnings remaining after the application of this section shall be applied as provided in Sections 31617, 31618, and 31619. (Added by renumbering Section 31510.6 by Stats. 1984, Ch. 193, Sec. 60.)
  115. 31617.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    For counties with a qualifying agreement made before January 1, 1983, remaining net earnings on the fund must be used to pay the required Article 16.5 cost-of-living contributions after Sections 31615 and 31616 are applied.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31617. In each county having an agreement prior to January 1, 1983, that a fixed part of the required Article 16.5 (commencing with Section 31870) cost-of-living contributions shall come from excess interest earnings on the fund, after the semiannual application of Sections 31615 and 31616, the balance of the net earnings, as defined in Section 31613, shall be used to pay those contributions. (Added by renumbering Section 31510.7 by Stats. 1984, Ch. 193, Sec. 61.)
  116. 31618.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    The board must create a Supplemental Retiree Benefit Reserve and use it only for retired members and beneficiaries, with semiannual transfers of half of certain net earnings into 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31618. The board shall establish a Supplemental Retiree Benefit Reserve in the retirement system consisting of any amount previously in the reserve against deficiencies, which on the date of adoption of this article, exceeds 3 percent of the assets of the retirement fund, or any lesser amount, as determined by the board. In no event, however, shall the balance of the Contingency Reserve Account be reduced below 1 percent of system assets for this purpose. The Supplemental Retiree Benefit Reserve shall be used only for the benefit of retired members and beneficiaries. Commencing on the date of adoption of this article, there shall be a semiannual transfer into this reserve of 50 percent of the balance of net earnings, as defined in Section 31613, after crediting all accounts pursuant to Section 31615, rebuilding the Contingency Reserve Account pursuant to Section 31616 and paying the part of the cost-of-living contributions pursuant to Section 31617, if applicable. The distribution of the Supplemental Retiree Benefits Reserve shall be determined by the board. (Added by renumbering Section 31510.8 by Stats. 1984, Ch. 193, Sec. 62.)
  117. 31618.5.

    ## 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 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    The board must annually transfer enough money from the administrative budget to cover administrative costs for programs reimbursed by the Supplemental Retiree Benefits Reserve.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31618.5. (a) The board shall annually transfer, from the administrative budget established pursuant to Article 5 (commencing with Section 31580), an amount sufficient to fund the administrative costs of the programs reimbursed by the Supplemental Retiree Benefits Reserve. (b) This section shall only apply to a county of the fourth class as described in Section 28020. (Added by Stats. 2010, Ch. 158, Sec. 3. (SB 1479) Effective January 1, 2011.)
  118. 31619.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. )

    Verify source ↗

    After specified sections are applied, remaining net earnings must be credited to retirement fund contributions, reserves, and accounts, except the Contingency Reserve Account; no further interest goes to the Supplemental Retiree Benefit Reserve.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5.5. Alternative Financial Provisions [31610 - 31619] ( Article 5.5 added by Stats. 1983, Ch. 886, Sec. 4. ) ## 31619. Remaining net earnings, after the sequential application of Sections 31615 and 31616 and Section 31617, if applicable, and Section 31618 shall be credited to all contributions, reserves, and accounts in the retirement fund, except the Contingency Reserve Account, in the manner prescribed in Section 31615, except that no further interest shall be credited to the Supplemental Retiree Benefit Reserve, established pursuant to Section 31618. (Added by renumbering Section 31510.9 by Stats. 1984, Ch. 193, Sec. 63.)
  119. 31620.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members’ normal contribution rates are based on age at the nearest birthday when they enter the retirement system, and separate rates, allowances, or benefits for male and female members may not be maintained or established.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31620. The normal rates of contribution of members shall be based on age at the nearest birthday at the time of entrance into the retirement system. Nothwithstanding any provisions of this chapter to the contrary, separate rates of contribution, allowances, or benefits for male and female members shall not be maintained or established. (Amended by Stats. 1976, Ch. 1436.)
  120. 31620.5.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The normal contribution rates for general and safety members are determined under Section 7522.30, with two exceptions: the board may choose whether to use the rounding rule in subdivision (c), and subdivision (d) does not apply to these 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31620.5. The normal rates of contribution of general and safety members subject to the California Public Employees’ Pension Reform Act of 2013 shall be determined pursuant to Section 7522.30 subject to the following exceptions: (a) The board may, but is not required to, apply the provisions of subdivision (c) of Section 7522.30 that require the initial contribution rate to be rounded to the nearest quarter of 1 percent. (b) Subdivision (d) of Section 7522.30 shall not apply to the contribution rates of members of retirement systems established pursuant to this chapter. (Added by Stats. 2013, Ch. 247, Sec. 18. (AB 1380) Effective January 1, 2014.)
  121. 31621.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Contribution rates must be set to provide a specified annuity formula at age 60, except for members covered by Article 6.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621. The normal rates of contribution except for members covered by Article 6.8 shall be such as will provide an average annuity at age 60 equal to one one-hundred-twentieth of the final compensation of members not covered by Article 6.8, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. (Amended by Stats. 1957, Ch. 1161.)
  122. 31621.1.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties adopting Section 31676.11, the normal contribution rates must be set to produce a specified average annuity at age 55, except for members covered by Article 6.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.1. In counties adopting Section 31676.11 the normal rates of contribution except for members covered by Article 6.8 shall be such as will provide an average annuity at age 55 equal to 1/120 of the final compensation of members not covered by Article 6.8, according to the tables adopted by the board of supervisors for each year of service rendered after entering the system. (Added by Stats. 1967, Ch. 1155.)
  123. 31621.11.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may, with actuarial advice, set one contribution rate for new members instead of the normal rates in the listed sections.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.11. Instead of the normal rates of contribution required by Section 31621, 31621.1, 31621.2, or 31621.8 the board may, upon actuarial advice, establish a single rate of contributions applicable to all persons becoming members after this section is made operative in that county by the board. However, this rate shall be such as to provide the average annuity described in Section 31621, 31621.1, 31621.2, or 31621.8. (Amended by Stats. 2001, Ch. 782, Sec. 5. Effective January 1, 2002.)
  124. 31621.2.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties adopting Section 31676.12, the normal contribution rates are set to produce a specified annuity at age 60, using tables adopted by the board of supervisors, except for members covered by Article 6.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.2. In counties adopting Section 31676.12, the normal rates of contribution, except for members covered by Article 6.8 (commencing with Section 31639) of this chapter, shall be such as will provide an average annuity at age 60 equal to one one-hundredth of the final compensation of members not covered by Article 6.8 according to tables adopted by the board of supervisors, for each year of service rendered after entering the system. (Amended by Stats. 1975, Ch. 899.)
  125. 31621.3.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the normal contribution rate must be set to produce a specified annuity formula, except for members covered by Article 6.8. The board of supervisors may make the section 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.3. In counties adopting Section 31676.11, 31676.13, or 31676.14, or adopting one of such sections and then subsequently adopting another of such sections, the normal rate of contribution, except for members covered by Article 6.8 (commencing with Section 31639) of this chapter shall be such as will provide an average annuity at age 55 equal to one two-hundred-fortieth of the final compensation of members not covered by Article 6.8, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. This section may be made applicable in such counties on the first day of the month after the board of supervisors of such county adopts, by majority vote, a resolution providing that this section shall become applicable in such county. (Amended by Stats. 1976, Ch. 1413.)
  126. 31621.4.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County boards of supervisors may make this section applicable in their county by majority-vote resolution, and it takes effect on the first day of the following 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.4. The normal rates of contribution except for members covered by Article 6.8 shall be such as will provide an average annuity at age 60 equal to one two-hundred-fortieth of the final compensation of members not covered by Article 6.8 (commencing with Section 31639) of this chapter, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. This section may be made applicable in such counties on the first day of the month after the board of supervisors of such county adopts, by majority vote, a resolution providing that this section shall become applicable in such county. (Added by Stats. 1974, Ch. 1379.)
  127. 31621.5.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties that adopt Section 31676.12, contribution rates must be set to fund a specified annuity formula, except for members covered by Article 6.8. The section applies only after a majority-vote resolution by the county 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.5. In counties adopting Section 31676.12, the normal rates of contribution, except for members covered by Article 6.8 (commencing with Section 31639) of this chapter, shall be such as will provide an annual annuity at age 60 equal to one two-hundredth of the final compensation of members not covered by Article 6.8, according to tables adopted by the board of supervisors, for each year of service rendered after entering the system. This section may be made applicable in such counties, on the first day of the month after the board of supervisors of such county adopts, by majority vote, a resolution providing that this section shall become applicable in such county. (Added by Stats. 1974, Ch. 1379.)
  128. 31621.6.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties adopting Section 31676.15, contribution rates are set to produce a specified annuity outcome at age 55, except for members covered by Article 6.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.6. In counties adopting Section 31676.15, the normal rates of contribution, except for members covered by Article 6.8 (commencing with Section 31639) of this chapter, shall be such as to provide an average annuity at age 55 equal to one one-hundredth of the final compensation of members not covered by Article 6.8, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. (Added by Stats. 1975, Ch. 899.)
  129. 31621.7.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members covered by Section 31751 must contribute at a normal rate set by age at entry into the retirement system and based on earnable compensation, using the table unless revised under other sections.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.7. The normal rates of contribution for members covered by Section 31751 shall be such as will provide an average annuity at age 55 equal to one-three hundredth of the member’s final compensation, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. Until revised pursuant to Sections 31453 and 31454, the normal rate of contribution of each member is that percentage of the member’s earnable compensation, shown in the following table according to the member’s age at the time of entry into the retirement system: Age of entry Percentage into system of contribution 16 ........................ 2.93 17 ........................ 2.93 18 ........................ 2.93 19 ........................ 2.93 20 ........................ 2.93 21 ........................ 2.93 22 ........................ 2.93 23 ........................ 2.94 24 ........................ 2.94 25 ........................ 2.95 26 ........................ 2.96 27 ........................ 2.97 28 ........................ 2.98 29 ........................ 3.00 30 ........................ 3.02 31 ........................ 3.04 32 ........................ 3.06 33 ........................ 3.08 34 ........................ 3.10 35 ........................ 3.12 36 ........................ 3.15 37 ........................ 3.17 38 ........................ 3.20 39 ........................ 3.22 40 ........................ 3.25 41 ........................ 3.28 42 ........................ 3.31 43 ........................ 3.34 44 ........................ 3.37 45 ........................ 3.40 46 ........................ 3.43 47 ........................ 3.46 48 ........................ 3.50 49 ........................ 3.54 50 ........................ 3.57 51 ........................ 3.61 52 ........................ 3.65 53 ........................ 3.69 54 and over ........................ 3.72 (Added by Stats. 1980, Ch. 58.)
  130. 31621.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the normal employee contribution rates must be set so they produce a specified retirement annuity formula, using tables adopted 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.8. In counties adopting Section 31676.17, 31676.18, or 31676.19, the normal rates of contribution, except for members covered by Article 6.8 (commencing with Section 31639), shall be rates that provide an average annuity at the age of 55 years equal to one one-hundredth of the final compensation of members not covered by Article 6.8, according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. (Added by Stats. 2001, Ch. 782, Sec. 6. Effective January 1, 2002.)
  131. 31621.9.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the normal contribution rates must be set to produce a specified retirement annuity formula, except for members covered by Article 6.8.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31621.9. In counties adopting Section 31676.14, the normal rates of contribution, except for members covered by Article 6.8 (commencing with Section 31639), shall be that which will provide an average annuity at age 55 equal to 1/120 of the final compensation of members not covered by Article 6.8 (commencing with Section 31639), according to the tables adopted by the board of supervisors, for each year of service rendered after entering the system. This section may be made applicable in counties on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution adopting this section. This section shall apply only to a county of the 10th or 20th class, as provided by Sections 28020, 28031, and 28041. (Amended by Stats. 2003, Ch. 96, Sec. 3. Effective January 1, 2004.)
  132. 31622.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members not covered by Article 6.8 must contribute a percentage of earnable compensation based on the age-and-sex table at entry into the retirement system, until revised under Sections 31453 and 31454.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31622. Until revised pursuant to Sections 31453 and 31454, the rate of contribution of each member not covered by Article 6.8 is that percentage of his earnable compensation shown in the following tables according to age and sex at the time of entry into the retirement system: Percentage Percentage Age of entry into system of con- tribution, of con- tribution, Male Female 16 ........................ 6.55 7.02 17 ........................ 6.59 7.07 18 ........................ 6.63 7.13 19 ........................ 6.67 7.19 20 ........................ 6.71 7.25 21 ........................ 6.75 7.31 22 ........................ 6.80 7.38 23 ........................ 6.85 7.45 24 ........................ 6.90 7.52 25 ........................ 6.96 7.61 26 ........................ 7.01 7.69 27 ........................ 7.07 7.78 28 ........................ 7.14 7.87 29 ........................ 7.20 7.96 30 ........................ 7.27 8.06 31 ........................ 7.34 8.16 32 ........................ 7.42 8.26 33 ........................ 7.49 8.37 34 ........................ 7.58 8.48 35 ........................ 7.66 8.58 36 ........................ 7.75 8.69 37 ........................ 7.84 8.80 38 ........................ 7.93 8.92 39 ........................ 8.02 9.03 40 ........................ 8.12 9.15 41 ........................ 8.22 9.27 42 ........................ 8.33 9.38 43 ........................ 8.43 9.51 44 ........................ 8.54 9.63 45 ........................ 8.64 9.75 46 ........................ 8.75 9.88 47 ........................ 8.86 10.00 48 ........................ 8.97 10.13 49 ........................ 9.08 10.26 50 ........................ 9.20 10.39 51 ........................ 9.31 10.52 52 ........................ 9.42 10.65 53 ........................ 9.54 10.79 54 ........................ 9.65 10.93 55 ........................ 9.76 11.07 56 ........................ 9.88 11.21 57 ........................ 10.00 11.35 58 ........................ 10.12 11.49 59 ........................ 10.25 11.64 60 ........................ _____ _____ (Amended by Stats. 1951, Ch. 1098.)
  133. 31623.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section says which normal contribution rate applies based on a member’s age at entry into 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31623. The normal rate of contribution established for age 59 is the rate for any member not covered by Article 6.8 who has attained a greater age before entrance into the retirement system, and that established for age 16 is the rate for any member not covered by Article 6.8 who enters the retirement system at a lesser age. (Amended by Stats. 1951, Ch. 1098.)
  134. 31625.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County payroll contribution deductions must be taken from each member’s first salary or wage warrant each month and paid to the county treasurer for the member’s account, unless Section 31625.1 or board regulations say 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31625. Except as provided in Section 31625.1, unless otherwise provided by the regulations of the board the contribution shall be deducted by the county auditor or other officer charged with the duty of drawing salary or wage warrants from the first salary or wage warrant drawn in each month in favor of each member and shall be paid to the county treasurer and placed to the credit of each individual member’s account. (Amended by Stats. 1959, Ch. 1161.)
  135. 31625.1.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties that issue salary or wage warrants semimonthly, the county auditor or similar officer must deduct part of a member’s contribution from each month’s warrants and pay the deductions to the county treasurer.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31625.1. In those counties in which salary or wage warrants are drawn semimonthly, not to exceed one-half the contribution shall be deducted by the county auditor or other officer charged with the duty of drawing salary or wage warrants from the first salary or wage warrant drawn in each month in favor of each member, and not to exceed one-half of such deduction shall be deducted from the second salary or wage warrant drawn in each month in favor of each member. Such deductions shall be paid to the county treasurer and placed to the credit of each individual member’s account. (Added by Stats. 1959, Ch. 1161.)
  136. 31625.2.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    For certain long-service county retirement members, salary contributions must not be deducted once the stated service and membership 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31625.2. (a) Notwithstanding any other provisions of this chapter, contributions shall not be deducted from the salary of any member having credit for 30 years’ service providing the member was a member on March 7, 1973, and remained in membership continuously until credited with 30 years’ service. (b) Notwithstanding subdivision (a), contributions shall not be deducted from the salary of any member having credit for 30 years’ of continuous service in the retirement association of a county of the seventh class as established by Sections 28020 and 28028. This subdivision shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 247, Sec. 19. (AB 1380) Effective January 1, 2014.)
  137. 31625.3.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In qualifying cases, member contributions may not be deducted from salary, but the section applies only if a county adopts it by majority vote and it does not apply to members subject to Section 7522.30.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31625.3. (a) Notwithstanding any other provision of this chapter, contributions shall not be deducted from the salary of any member who was a member before or after March 7, 1973, of the retirement association, another county retirement system established under this chapter, or the Public Employees’ Retirement System, and has total reciprocal service credit of not less than 30 years in the retirement association, or in the retirement association and another county retirement system established under this chapter, or the Public Employees’ Retirement System, or a combination thereof. (b) This section shall not apply in any county unless and until it is adopted by a majority vote of the board of supervisors. (c) This section shall not apply to members who are subject to Section 7522.30. (Amended by Stats. 2013, Ch. 247, Sec. 20. (AB 1380) Effective January 1, 2014.)
  138. 31626.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If salaries and wages are paid less the required contribution, that payment fully discharges claims for the service covered by the payment, except for benefits 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31626. Payment of salaries and wages less the contribution is full and complete discharge and acquittance of all claims and demands whatsoever for service rendered by members during the period covered by such payment, except the benefits afforded by this chapter. (Added by Stats. 1947, Ch. 424.)
  139. 31627.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may choose to make extra contributions above normal rates, subject to board regulations. The board must give the member information about the extra benefits on application, and the member’s choice does not require the county or district to contribute more.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31627. Subject to the regulations prescribed by the board, any member may elect to make additional contributions at rates in excess of his or her normal contributions, for the purpose of providing additional benefits. The exercise of this privilege by a member does not require the county or district to make any additional contributions. Upon application, the board shall furnish to the member information concerning the nature and amount of additional benefits to be obtained by the additional contributions. (Amended by Stats. 1993, Ch. 25, Sec. 1. Effective January 1, 1994.)
  140. 31627.1.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may, within 30 days before retirement, elect in writing to have all or part of accumulated additional contributions returned.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31627.1. A member who has additional contributions under Section 31627 may, within 30 days prior to retirement, elect in writing to have all or any part of the member’s accumulated additional contributions returned to the member. The portion returned shall not be included in the calculation of the member’s annuity. (Amended by Stats. 2020, Ch. 275, Sec. 31. (AB 2101) Effective January 1, 2021.)
  141. 31627.2.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may elect in writing to have some or all accumulated additional contributions returned. The board may delay payment for up to 90 days after receiving the written 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31627.2. In any county in which the provisions of Section 31676.1 apply, any member who has additional contributions under Section 31627 may elect in writing to have all or any part of the member’s accumulated additional contributions returned to the member. The portion returned shall not be included in the calculation of the member’s annuity. The board may order payment in whole or in part withheld for a period not to exceed 90 days after receipt of such written election. (Amended by Stats. 2020, Ch. 275, Sec. 32. (AB 2101) Effective January 1, 2021.)
  142. 31627.6.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member gets retirement credit for prior district service while not a member, the district must make an additional appropriation equal to what it would have contributed then.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31627.6. Whenever any member elects to receive credit for any time during which he was employed by a district and was not a member, under any provision of this chapter, such district shall make an additional appropriation equal to the amount which it would have appropriated had such member been a member during the time for which he has elected to obtain credit. (Added by Stats. 1957, Ch. 1387.)
  143. 31628.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member leaves service for reasons other than death or retirement, the retirement board must pay out their accumulated contributions after proper application, unless a board regulation authorizes a withdrawal charge.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31628. If the service of a member is discontinued other than by death or retirement, upon proper application submitted to the retirement board, they shall be paid all of their accumulated contributions, in accordance with this chapter, minus a withdrawal charge, if a withdrawal charge has been provided for by the regulations of the board. The board may order payment in whole or in part withheld for a period not to exceed six months after date of separation. If a member does not file the proper application, the board shall send to the member, not more than 90 days after termination of service, at their last known address, a registered or certified letter stating that they have money to their credit on the books of the retirement system and that if they do not claim the money within 10 years after date of notice, in the case of persons first employed before January 1, 1976, or within five years in the case of persons first employed on and after January 1, 1976, the money will be deposited in and become a part of the current pension reserve fund. (Amended by Stats. 2024, Ch. 117, Sec. 7. (AB 2770) Effective January 1, 2025.)
  144. 31629.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A former member must apply within 5 years after notice to recover accumulated contributions, or the money goes into the current pension reserve fund and the fund owes nothing further. The board of retirement may also allow a return after 90 days in limited cases, and mail returns are barred unless a receipt is on file.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31629. If a former member does not file proper application for the return of his accumulated contributions within five years after date of such notice to him, such accumulated contributions shall be deposited in and become a part of the current pension reserve fund, and thereafter the fund shall not be liable to such member for any portion of his accumulated contributions. However, notwithstanding the fact that such an application has not been filed, the board of retirement may, in its sound discretion authorize the return of any deposit account 90 days after the 90-day notice referred to in Section 31628, provided that the former employee had less than five years’ service credit with the county. No return of any deposit account may be made by mail pursuant to this section unless the letter provided for in Section 31628 was receipted for by the former member and the signed receipt is in the possession of the board of retirement or the county treasurer. The amendment of this section enacted during the 1975–76 Regular Session shall be effective with respect to persons first becoming members of a retirement system on and after January 1, 1976. (Amended by Stats. 1975, Ch. 251.)
  145. 31629.5.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may leave accumulated contributions in the retirement fund, revoke that choice with exceptions, and may later withdraw those contributions. The section also gives certain members a right to a retirement allowance and bars a member with insufficient combined reciprocal service from receiving service or disability 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31629.5. (a) Notwithstanding Sections 31628 and 31629, on and after January 1, 2003, a member who is credited with less than the number of years of service required for vesting shall have the right to elect to leave accumulated contributions on deposit in the retirement fund. Failure to make an election to withdraw accumulated contributions shall be deemed an election to leave accumulated contributions on deposit in the retirement fund. (b) An election to allow accumulated contributions to remain in the retirement fund may be revoked by the member at any time except: (1) while the member is employed in county service in a position in which the member is not excluded from membership in this system with respect to that service; (2) while the member is in service as a member of a public retirement system supported, in whole or in part, by state funds; or (3) while the member is in service, entered within six months after discontinuing county service, as a member of a reciprocal retirement system. All accumulated contributions contributed up to the time of revocation may then be withdrawn. (c) A member whose membership continues under this section is subject to the same age, service, and disability requirements that apply to other members for service or disability retirement. After the qualification of the member for retirement by reason of age, which shall be the lowest age applicable to any membership category in which the member has credited service, or disability, the member shall be entitled to receive a retirement allowance based upon the amount of the member’s accumulated contributions and service standing to the member’s credit at the time of retirement and on the employer contributions held for the member and calculated in the same manner as for other members. (d) Service, solely for purposes of meeting minimum service qualifications for service or disability retirement, shall also include service credited as an employee of a reciprocal system when the member retires concurrently from all reciprocal retirement systems. A member whose combined service from all reciprocal retirement systems does not meet the minimum service qualifications may not receive a service or disability retirement from this system. (e) Notwithstanding Section 31467, for purposes of this section, “accumulated contributions” means the sum of all member contributions standing to the credit of a member’s individual account, and interest thereon. (Amended by Stats. 2003, Ch. 62, Sec. 153. Effective January 1, 2004.)
  146. 31630.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors or district board may agree to pay part of members’ normal retirement contributions, subject to actuarial advice and approval by the board of 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31630. (a) Notwithstanding any other provisions in this chapter, the South Coast Air Quality Management District and in any county which has adopted Section 31676.1, 31676.11, 31676.12, 31676.13, 31676.14, 31676.15, or 31751, the board of supervisors or district board, as the case may be, may agree to pay any portion of the members’ normal contributions to the system. All the contributions paid by the county or district, as the case may be, shall remain its contributions, and no right therein shall accrue to any employee prior to the employee’s election to take a regular, deferred, or disability retirement. (b) Any contributions paid by the board of supervisors or the district board on behalf of the members shall be as determined by upon actuarial advice, and approved by the board of retirement. (c) This section shall not apply to members who are subject to Section 7522.30. (Amended by Stats. 2013, Ch. 247, Sec. 21. (AB 1380) Effective January 1, 2014.)
  147. 31631.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board or district governing body may require members to pay all or part of retirement contributions, and for represented members the requirement must be approved in a memorandum of understanding.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31631. (a) Notwithstanding any other law, a board of supervisors or the governing body of a district may, by resolution, ordinance, contract, or contract amendment under this chapter, without a change in benefits, require that members pay all or part of the contributions of a member or employer, or both, for any retirement benefits provided under this chapter. All of those payments are hereby designated as employee contributions. For members who are represented in a bargaining unit, the payment requirement shall be approved in a memorandum of understanding executed by the board of supervisors or the governing body of a district and the employee collective bargaining representative. The contributions shall be uniform either (1) with respect to all members of a recognized bargaining unit or (2) all members within each of the following categories: nonsafety subject to Section 7522.20 or safety subject to Section 7522.25. (b) Nothing in this section shall modify a board of supervisors’ or the governing body of a district’s authority under law as it existed on December 31, 2012, including any restrictions on that authority, to change the amount of member contributions. (Amended by Stats. 2014, Ch. 741, Sec. 4. (AB 2474) Effective January 1, 2015.)
  148. 31631.5.

    ## 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 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement board or district governing body may require members to pay 50% of the normal cost of benefits, but the contribution increase is capped and changes for represented employees must go through good-faith bargaining first.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Members’ Contributions [31620 - 31631.5] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 31631.5. (a) (1) Notwithstanding any other provision of this chapter, a board of supervisors or the governing body of a district may require that members pay 50 percent of the normal cost of benefits. However, that contribution shall be no more than 14 percent above the applicable normal rate of contribution of members established pursuant to this article for local general members, no more than 33 percent above the applicable normal rate of contribution of members established pursuant to Article 6.8 (commencing with Section 31639) for local police officers, local firefighters, county peace officers, and no more than 37 percent above the applicable normal rate of contribution of members established pursuant to Article 6.8 (commencing with Section 31639) for all local safety members other than police officers, firefighters, and county peace officers. (2) Before implementing any change pursuant to this subdivision for any represented employees, the public employer shall complete the good faith bargaining process as required by law, including any impasse procedures requiring mediation and factfinding. This subdivision shall become operative on January 1, 2018. This subdivision shall not apply to any bargaining unit when the members of that unit are paying at least 50 percent of the normal cost of their pension benefit or are subject to an agreement reached pursuant to paragraph (1). Applicable normal rate of contribution of members means the statutorily authorized rate applicable to the member group as the statutes read on December 31, 2012. (b) Nothing in this section shall modify a board of supervisors’ or the governing body of a district’s authority under law as it existed on December 31, 2012, including any restrictions on that authority, to change the amount of member contributions. (Amended by Stats. 2020, Ch. 275, Sec. 33. (AB 2101) Effective January 1, 2021.)
  149. 31640.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “County service” means employment by a county, district, municipal court, or superior court.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31640. “County service” means the employment of a person by a county, district, municipal court, or superior court. (Added by Stats. 1947, Ch. 424.)
  150. 31640.5.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If credited service is temporary, seasonal, intermittent, or part-time, the member gets continuous service credit in proportion to time actually worked. The section also defines “year 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31640.5. Where service for which a member receives credit, either prior to or during membership, is on a tenure which is temporary, seasonal, intermittent, or part time only, the member shall receive credit as continuous service for that proportion of the time he or she held the position as the time he or she actually was engaged in the performance of the duties of the position bears to the time required to perform the same duties in a full-time position. A “year of service” in the position shall be construed to mean the time during which the member has earned one full year of credit, calculated as provided in this section. (Amended by Stats. 2003, Ch. 830, Sec. 1. Effective January 1, 2004.)
  151. 31640.7.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A retirement system member may not get service credit or contribution credit if it would violate Sections 23007.5 or 50033, but an elective officer may purchase service credit under Section 31658.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31640.7. (a) A member of a retirement system shall not receive credit for service or contributions for credit for service in violation of the prohibitions provided in Section 23007.5 or 50033. (b) Nothing in this section shall prohibit an elective officer from purchasing service credit pursuant to Section 31658. (Added by Stats. 2006, Ch. 355, Sec. 3. Effective January 1, 2007.)
  152. 31641.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Service” is defined as uninterrupted employment, including certain county, district, military, and prior service periods that meet the listed 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641. “Service” means uninterrupted employment of any person appointed or elected for that period of time: (a) For which deductions are made from his earnable compensation from the county or district for such service while he is a member of the retirement association. (b) In military service for which the county or district or member is authorized by other provisions of this chapter to make, and does make, contributions. (c) For which he receives credit for county service or for public service or for both pursuant to the provisions of this article. (d) Allowed for prior service. (Amended by Stats. 1955, Ch. 363.)
  153. 31641.01.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the board of supervisors may adopt an ordinance giving retiring members sick leave credit, and the county or district must pay the extra retirement cost.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.01. In any county of the eighth or ninth class as established in Sections 28020, 28029 and 28030 as amended by Chapter 1204 of the Statutes of 1971, the board of supervisors may provide by ordinance that each member shall be credited, at the rate of one day for each one day earned, with sick leave accumulated as of the date of his retirement and that sick leave credit shall be in addition to service credit. The additional cost to the retirement system shall be borne by the county or district. (Amended by Stats. 1972, Ch. 309.)
  154. 31641.02.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In a county of the third class, the board of supervisors may pass an ordinance giving specified members sick leave credit up to the full amount accumulated at retirement, and that credit is added to service credit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.02. In any county of the third class as established in Section 28024, the board of supervisors may provide by ordinance that members specified in the ordinance shall be credited, for up to the full amount of sick leave accumulated as of the date of their retirement, and that sick leave credit shall be in addition to service credit. The additional cost to the retirement system shall be borne by the county or district. (Added by Stats. 1974, Ch. 1390.)
  155. 31641.03.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may allow specified members to receive sick leave credit of up to 100% at retirement, and the county or district must pay the extra retirement-system cost.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.03. In any county the board of supervisors may provide by ordinance that members specified in the ordinance shall be credited, for up to 100 percent of sick leave accumulated as of the date of their retirement, and that sick leave credit shall be in addition to service credit. The additional cost to the retirement system shall be borne by the county or district. This section shall not apply to members who are employed by a district unless the governing board of the district provides by resolution for its application to such members. (Added by Stats. 1975, Ch. 574.)
  156. 31641.04.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section lets eligible county members receive additional service credit when the board of supervisors adopts a resolution for economic or service-change reasons, subject to stated limits and 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.04. (a) When the board of supervisors, by resolution, determines that because of an impending curtailment of service or change in the manner of performing service, savings of money, or other economic benefit resulting to the county, the best interests of the county would be served, a member shall be eligible to receive additional service credit if the following conditions exist: (1) The member is employed in a job classification, county department, or other county organizational unit included in the resolution adopted by the board of supervisors. (2) The member retires on or between dates specified by the board of supervisors in its resolution. In no event shall the specified period exceed 180 days. (3) The county transmits to the retirement fund an amount determined by the board of retirement which is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount he would have received without such service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the county and the board of retirement. (b) The amount of service credit shall be that amount as the board of supervisors determines but shall not be more than two years regardless of credited service and shall not exceed the number of years intervening between the date of the member’s retirement and the date the member would be required to be retired because of age. (c) A county which elects to make the payment prescribed by subdivision (a) shall make such payment with respect to all eligible employees who retire during the period specified by the board of supervisors. (d) This section shall not be applicable to any member otherwise eligible if such member receives any unemployment insurance payments during the period six months prior to the period specified pursuant to subdivision (a). This section shall not be applicable to any member if the member is not eligible to retire without the additional credit available under this section. (e) This section shall not be applicable in any county until it is adopted by ordinance of the board of supervisors. Any county may adopt or readopt this section from time to time as conditions may warrant. This section shall not be applicable in any district whose employees are members of the system pursuant to Section 31557 until it is adopted by ordinance by the governing body of the district. Any district whose employees are members of the system pursuant to Section 31557 may adopt or readopt this section from time to time as conditions warrant. (f) Any member who qualifies under this section upon subsequent reentry to county employment shall forfeit the service credit acquired under this section, unless the reentry is a result of a temporary callback limited to a maximum of 720 hours of service in any one year. (g) This section shall not be subject to the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. (Amended by Stats. 1986, Ch. 48, Sec. 1.)
  157. 31641.05.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county may offer additional retirement service credit only for the listed fiscal years and only if the board of supervisors adopts the resolution and the stated 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.05. (a) Notwithstanding Section 31641.04 or any other provision of this part, for only the 1994–95, 1995–96, 1996–97, 1997–98, and 1998–99 fiscal years, when the board of supervisors, by resolution, determines that because of an impending curtailment of service or change in the manner of performing service, savings of money, or other economic benefit resulting to the county, the best interests of the county would be served, a member shall be eligible to receive additional service credit if all of the following conditions exist: (1) The member is employed in a job classification, county department, or other county organizational unit included in the resolution adopted by the board of supervisors. (2) The member is credited with 10 or more years of service and retires on or between dates specified by the board of supervisors in its resolution. In no event shall the specified period exceed 120 days. (3) The county transmits to the retirement fund an amount determined by the board of retirement that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount he or she would have received without that service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the county and the board of retirement. However, the payment period shall not exceed five years. (b) The amount of service credit shall be the amount that the board of supervisors determines, but shall not be more than four years regardless of credited service and shall not exceed the number of years intervening between the date of the member’s retirement and the date the member would be required to be retired because of age and shall not be combined with any additional service credit granted under Section 31641.04. (c) The resolution described in subdivision (a) shall either identify sufficient deleted positions whose total cost equals or exceed the lump-sum actuarial cost of the additional service credit granted or proclaim that all positions vacated due to the additional service credit granted pursuant to this section shall remain vacant for at least five years and until the lump-sum actuarial cost of the additional service credit granted has been recaptured from position vacancy salary savings. (d) The board of supervisors shall certify to the board of retirement the extent to which savings will exceed necessary payments to the board of retirement, and the specific measures to be taken to assure that outcome. The board of retirement may require the board of supervisors to provide verification of its certification through independent review. (e) At the time the county has achieved savings that are more than adequate to meet necessary payments to the board of retirement, or five years after commencement of the retirement period specified in paragraph (2) of this section, whichever occurs first, the board of supervisors shall certify to the retirement board the amount of actual savings and the measures taken to achieve the savings. The board of supervisors shall maintain records for each worker retiring pursuant to this section. The board of retirement may require the board of supervisors to provide verification of its certification through independent review. The board of supervisors shall report these certifications to the Controller, who should summarize the cost and savings information therein in his or her annual report prepared pursuant to Sections 7501 through 7504. The Controller shall perform a postaudit to verify that the savings equal or exceed the lump-sum actuarial cost of the additional service credit granted pursuant to this section. The county shall pay the cost of the postaudit. (f) A county that elects to make the payment prescribed by subdivision (a) shall make the payment with respect to all eligible employees who retire during the period specified by the board of supervisors. (g) This section shall not be applicable to any member otherwise eligible if the member receives any unemployment insurance payments during the period six months prior to the period specified pursuant to subdivision (a). This section shall not be applicable to any member if the member is not eligible to retire without the additional credit available under this section. (h) This section shall not be applicable in any county until it is adopted by ordinance of the board of supervisors. Any county may adopt or readopt this section from time to time as conditions warrant. (i) Any member who qualifies under this section upon subsequent reentry to county employment shall forfeit the service credit acquired under this section, unless the reentry is a result of a temporary callback pursuant to Section 31680.2, 31680.3, or 31680.6. Any member who receives credit under this section shall not be temporarily employed as an annuitant pursuant to Section 31680.2, 31680.3, or 31680.6 for five years following the date of retirement. (j) The board of supervisors shall certify to the retirement board that the county has complied with Section 7507. (k) This section shall not be subject to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. (l) No additional service credit shall be granted pursuant to this section on or after July 1, 1999. (Amended by Stats. 1997, Ch. 458, Sec. 2. Effective September 24, 1997.)
  158. 31641.1.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may file written notice with the board to elect contributions under Section 31641.2 and receive retirement credit for allowed prior public service time.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.1. A member who was in public service before becoming a member may elect by written notice filed with the board to make contributions pursuant to Section 31641.2 and to receive credit in the retirement system for all allowed public service time. Credit for part-time service shall be calculated as provided in Section 31641.5. (Amended by Stats. 1965, Ch. 508.)
  159. 31641.2.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who elects to buy service credit for prior public service must pay the retirement fund before retirement, either in a lump sum or over up to five years, and the amount is based on specified contribution and interest 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.2. Any member of the retirement system who elects pursuant to Section 31641.1 to make contributions and receive credit as service for time for which he or she claims credit because of public service 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 five years, an amount equal to the sum of: (a) Twice the contributions he or she would have made to the retirement fund if he or she had been a member during the same length of time as that for which he or she has elected to receive credit as service, computed by applying the rate of contribution first applicable to him or her upon commencement of his or her membership in this system to the monthly compensation first earnable by him or her at the time as provided in Section 31641.3, multiplied by the number of months for which he or she has elected to receive credit for county service, including time, if any, prior to the establishment of the system, and which will constitute current service under this system. (b) The “regular interest” that would have accrued to the member contributions if they had been made on the date used to determine on what earnable compensation contributions pursuant to this section shall be based, from that date until the completion of payment of those contributions, computed at the current interest rate. (c) Except as prohibited by Section 31640.7, the governing body by a four-fifths vote may provide that it shall make on behalf of officers and employees eligible to receive credit for prior service under this chapter, and who so elect prior to filing an application for retirement, part of the contributions specified in paragraphs (a) and (b) of this section. The contributions made by a governmental agency pursuant to this section shall be available only for purposes of retirement for service or for disability and a member resigning from county service shall be entitled to withdraw only that portion of his or her accumulated contributions made by him or her. (Amended by Stats. 2006, Ch. 355, Sec. 4. Effective January 1, 2007.)
  160. 31641.20.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members who elect service credit for prior public service must pay the retirement fund before retirement, using a lump sum or installments of up to five years.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.20. Any member of the retirement system who elects pursuant to Section 31641.1 to make contributions and receive credit as service for time for which he or she claims credit because of public service 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 five years, an amount equal to the sum of: (a) Twice the contributions he or she would have made to the retirement fund if he or she had been a member during the same length of time as that for which he or she has elected to receive credit as service, computed by applying the rate of contribution at the time of the election to the monthly compensation earnable by him or her at the time of the election pursuant to Section 31641.1, multiplied by the number of months for which he or she has elected to receive credit for county service, including time, if any, prior to the establishment of the system, and which will constitute current service under this system. (b) The “regular interest” which would have accrued to the member contributions if they had been made on the date used to determine on what earnable compensation contributions pursuant to this section shall be based, from that date until the completion of payment of those contributions, computed at the current interest rate. (c) The governing body by a four-fifths vote may provide that it shall make on behalf of officers and employees eligible to receive credit for prior service under this chapter, and who so elect prior to filing an application for retirement, part of the contributions specified in paragraphs (a) and (b) of this section. The contributions made by a governmental agency pursuant to this section shall be available only for purposes of retirement for service or for disability and a member resigning from county service shall be entitled to withdraw only that portion of his or her accumulated contributions made by him or her. (d) This section shall only apply in counties of the third class, as established by Sections 28020 and 28024, as amended by Chapter 1204 of the Statutes of 1971, but it shall not apply in those counties unless and until it is adopted by a majority vote of the board of supervisors. (Added by Stats. 1990, Ch. 205, Sec. 1.)
  161. 31641.21.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “regular interest” for County Employees Retirement Law 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.21. Regular interest computed at the current interest rate as used in subdivision (b) of Section 31641.2 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 contribution required by that section had been on deposit from the date used to determine the earnable compensation on which such contributions are based until the amount required to be deposited has been paid. (Added by Stats. 1970, Ch. 369.)
  162. 31641.3.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines when a member’s “compensation first earnable” is measured for Section 31641.2, with a special rule for certain members who were in a superseded county retirement system before January 1, 1952 and request the later-date calculation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.3. In Section 31641.2 compensation first earnable shall be that earnable by the member at the time of the commencement of his membership in the retirement system, except that if a member who, prior to January 1, 1952, was a member of any retirement system in the same county which was superseded by a system established under this act, if such member so requests, the compensation first earnable by him at the later of the following times shall be used: (a) The commencement of his membership in such superseded retirement system. (b) The date on which this retirement system first became operative. (Added by Stats. 1955, Ch. 363.)
  163. 31641.4.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member gets public-service credit only when the service does not already earn a pension or retirement allowance, with a federal-service exception; certain safety members get their benefit calculated on the same basis as Section 31664, and some former peace officers are treated as safety members from initial hiring 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.4. (a) (1) Except as provided in paragraph (2), a member shall receive credit for employment in public service only for such service as the member is not entitled to receive a pension or retirement allowance from such public agency. The service for which the member elects to contribute and the fact that no pension or retirement allowance will accrue to such member by virtue of the member’s employment in the public agency shall be certified to by an officer of the public agency where the member rendered such public service or shall be established to the satisfaction of the board. (2) Nothing in this subdivision prohibits a member from receiving credit for a period of federal public service if federal law expressly permits the credit even though the member is already entitled to receive a pension or retirement allowance from that service. It is intended that this section be consistent with the holdings in Cantwell v. San Mateo County (1980) 631 F.2d 631. (b) Notwithstanding any other provision of law, a safety member who receives credit for prior employment in public service, the principal duties of which consisted of active law enforcement or active fire suppression, or active service in the armed services of the United States during time of war or national emergency, shall have the member’s pension or retirement allowance for this service calculated on the same basis as the calculation of the retirement allowance the member would receive as a safety member under Section 31664. (c) A safety member who entered the service as a peace officer prior to the establishment of the safety membership provisions in the member’s county shall be considered a safety member from the member’s initial hiring date, for the purposes of this section, notwithstanding any other provision of law. (Amended by Stats. 2022, Ch. 231, Sec. 9. (AB 1824) Effective January 1, 2023.)
  164. 31641.45.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    If a member can redeposit previously withdrawn retirement funds and qualifies for the related pension or retirement allowance, the member must be refunded the deposited amount plus credited 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.45. Whenever a member is entitled to redeposit funds previously withdrawn from a retirement system and thereby becomes eligible to receive a pension or retirement allowance for the service for which the member was granted public service credit as authorized in Section 31641.1, regardless of whether or not the member elects to exercise such entitlement, the member shall be refunded the amount deposited by the member in accordance with Section 31641.2 plus interest which has been credited to such amount and shall receive no credit in the system for such service. This section applies only to a member who would be eligible to receive the benefit of Section 31835 or 20638 on making the redeposit. (Amended by Stats. 2020, Ch. 275, Sec. 34. (AB 2101) Effective January 1, 2021.)
  165. 31641.5.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    A qualifying member may claim retirement credit for prior county service, but only by paying the required amount before 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.5. A member who prior to his entrance into the retirement system held a position in the county service the tenure of which was such as to exclude him from membership, or a coroner, public administrator or coroner-public administrator who was excluded because of the means by which he was compensated, shall have the right to receive credit in the retirement association for all or any part of the county service he rendered, whether interrupted or not, during the time he was in county service before becoming a member if he elects to pay, and thereafter pays, in accordance with such election, and prior to retirement, into the retirement fund an amount equal to the contributions he would have made to the retirement fund if he had been a member during the time for which he has elected to receive credit, computed by applying the contribution rate first applicable to him upon becoming a member to the aggregate compensation he actually received during the time he was in county service and for which he has elected to receive credit, together with interest at the current rate on that amount from the time he became a member until completion of payment. Such payment may be made by lump sum or by installment payments over a period not to exceed the length of time for which the member has elected to receive credit, in such manner and at such times as the board may by rule prescribe. No member shall receive credit under this section for any service for which he has not completed payment pursuant to this section before the effective date of his retirement. A member who has elected to make such payment in installments may complete payment thereof by lump sum at any time prior to the effective date of his retirement. Any sums paid by a member pursuant to this section shall be considered to be and administered as normal contributions by the member. Where county service prior to membership was rendered on a part-time basis, the member may receive credit for such proportion of the time he held the part-time position as the time he was actually engaged in the performance of the duties of such position bears to the time required to perform the same duties in a full-time position. A member who elects to receive credit for only a part of such county service shall elect that county service latest in time and may not receive credit for any portion of such county service prior in time to any county service for which he does not elect to receive credit. (Amended by Stats. 1961, Ch. 2095.)
  166. 31641.51.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “interest at the current rate” for a member’s retirement account calculation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.51. “Interest at the current rate” means 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 contribution required by that section had been on deposit from the time he became a member of the system until the amount required to be deposited has been paid. (Added by Stats. 1970, Ch. 369.)
  167. 31641.55.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    Certain eligible members may elect to buy retirement service credit for prior public service and must pay the required contributions and interest before retirement, usually by lump sum or installments over up to 10 years.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.55. (a) A member described in Section 31470.4 who was in public service before becoming a member, and that service was terminated as a consequence of the closure, downsizing, or realignment of a federal military installation, may elect by written notice filed with the board to make contributions pursuant to subdivision (b) and to receive credit in the retirement system for all allowed public service time. (b) Any member described in subdivision (a) who elects pursuant to subdivision (a) to make contributions and receive service credit for time for which he or she claims credit because of public service 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 equal to the sum of the following: (1) The contributions he or she would have made to the retirement fund if he or she had been a member during the same length of time as that for which he or she has elected to receive service credit, computed by applying the rate of contribution first applicable to him or her upon commencement of his or her membership in this system to the monthly compensation first earnable by him or her at the time, multiplied by the number of months for which he or she has elected to receive service credit for public service. (2) Interest at the current rate, as defined in Section 31641.51, from the date of his or her first membership in the system until the completion of payment of those contributions. (c) The governing body by a majority vote may provide that it shall make part of the contributions specified in paragraphs (1) and (2) of subdivision (b) on behalf of its members eligible to receive credit for public service under this section who so elect prior to filing an application for retirement. (d) A member who has elected to make the payment in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. Any contributions made by a member pursuant to this section shall be considered and administered as normal contributions by the member. (e) For purposes of this section, the following definitions shall apply: (1) Notwithstanding Section 31478, “public agency” means the United States of America, this state, or any department or agency of either, or any city, county, city and county, special district, or other public or municipal corporation or political subdivision that is within this state or is situated in whole or in part within a county. (2) Notwithstanding Sections 31479, 31479.2, and 31479.3, “public service” means service as a permanent career civilian federal firefighter or permanent career state firefighter in a position whose principal duties consist of active fire suppression or law enforcement, for which the officer or employee received compensation from the public agency, 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 becomes a member of this system. (f) This section shall apply only to a county or district beginning on the first day of the month after the board of supervisors for that county or the governing body of a district adopts a resolution, by majority vote, that provides that this section shall apply to the county or district. (Added by Stats. 2006, Ch. 834, Sec. 4. Effective January 1, 2007.)
  168. 31641.56.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    A returning member may get retirement credit for prior county service on deferred status if the member pays the required amount, with interest, before 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.56. A member who returns to county service after having been on deferred status while rendering county service in a position excluded from membership, shall have the right to receive credit in the retirement association for all or any part of the county service he or she rendered during the time he or she was on deferred status if he or she elects to pay, and thereafter pays, in accordance with the election, and prior to retirement, into the retirement fund an amount equal to the contributions he or she would have made to the retirement fund if he or she had not been on deferred status during the time for which he or she has elected to receive credit, computed by applying the contribution rate first applicable to him or her upon returning to county service to the aggregate compensation he or she actually received during the time he or she was in county service and for which he or she has elected to receive credit, together with regular interest on that amount from the time he or she was on deferred status until completion of payment. The payment may be made by lump sum or by installment payments over a period not to exceed the length of time for which the member has elected to receive credit, in the manner and at the times as the board may by rule prescribe. No member shall receive credit under this section for any service for which he or she has not completed payment pursuant to this section before the effective date of his or her retirement. 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. Any sums paid by a member pursuant to this section shall be considered to be administered as normal contributions by the member. 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 that county service for which he or she does not elect to receive credit. This section shall not be operative in any county until the time that the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in the county. (Added by Stats. 1990, Ch. 371, Sec. 1.)
  169. 31641.6.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    A qualifying city employee who becomes a county employee may elect county retirement credit for prior city service, if the listed contribution and certification 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.6. An employee of a city who has become a county employee upon the assumption by the county of the functions of the city department in which he was employed, may, if he is not covered by the city under a contract with the Public Employees’ Retirement System, elect to receive credit in the county retirement system for service for the city prior to the cessation of his employment by the city. When such person elects to receive credit, membership in the retirement system shall commence with the first day of the month in which credit is granted. Any such person shall be entitled to credit in the county retirement system for service performed for the city when and if (a) the board of retirement receives certification from the city of the city service and earnable compensation of the employee; and (b) the employee deposits into the employees’ retirement system the amount of contributions he would have made had he been a county employee during his city employment; and (c) there is also deposited in the employees’ retirement system by the city, the employee, or both, the amount that the county would have been required to deposit to the employees’ retirement fund based on the city salary paid to such employee. Upon deposit of such funds, the employee’s age at entry shall be considered to be his age at time of employment with the city or at the time this chapter was effective in the county whichever is later. Such money deposited under (b) above shall be considered as accumulated normal contributions of the employee and any such money deposited under (c) above shall be considered as contributions of the employer county. If all of the money called for under (b) above is not paid within 90 days after employment by the county, only the part of city employment latest in date covered by such deposit shall be credited and the age at entry and the amount under (c) above shall be adjusted accordingly. An employee shall receive credit for city employment prior to his employment by the county only for such service for which he is not entitled to receive a pension or retirement from such city. This section shall become operative in any county on the first day of the calendar month after the board of supervisors adopts by four-fifths vote a resolution making it operative in the county. (Amended by Stats. 1973, Ch. 272.)
  170. 31641.7.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member cannot provide the information needed to establish aggregate compensation for credited service, the compensation rate in effect when the member first joined after that service period is used for the Section 31641.5 calculation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.7. If the member is unable to furnish the information necessary to establish his aggregate compensation for the period of service for which he seeks credit pursuant to Section 31641.5, then the rate of compensation applicable to him at the time he first became a member of this system after the period to be credited shall be used in making the computation required by Section 31641.5. (Added by Stats. 1969, Ch. 501.)
  171. 31641.8.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member paying contributions by installment may finish paying with one lump sum before 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.8. Any member who has elected to make contributions pursuant to this chapter by installment payments may, at any time prior to the effective date of his retirement, complete payment thereof by lump sum. (Added by Stats. 1955, Ch. 363.)
  172. 31641.9.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Member contributions under the cited sections are treated as normal contributions, and the county must not match them when the member retires.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.9. All contributions made by a member, pursuant to Sections 31641.1, 31641.2, 31641.3 and 31641.4 shall be considered to be, and shall be administered as, normal contributions but shall not be matched by the county upon retirement of the member. (Amended by Stats. 1957, Ch. 1386.)
  173. 31641.95.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing board may, by majority vote, adopt a resolution making specified retirement sections apply in the county or district.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.95. Sections 31470.7, 31478, 31479, 31480, 31641.1, 31641.2, 31641.3, 31641.4, 31641.8, and 31641.9 may only be applicable in any county or district on the first day of the month after the governing board of such county or district adopts, by majority vote, a resolution providing that those sections shall become applicable in such county or district. Such resolution may limit the applicability of such sections to any one or more of the public agencies as defined by Section 31478. At any time after such a resolution has been adopted, the governing board of the county or district, by majority vote, may adopt a further resolution declaring that from and after a future date stated further in the resolution, the benefits of the resolution described in the first paragraph of this section shall not be available to any employees who are hired by the county or district after that date. (Amended by Stats. 1969, Ch. 978.)
  174. 31641.96.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Section 31641.9 does not apply to counties covered by certain listed sections.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.96. Notwithstanding any other provisions of this chapter, Section 31641. 9 shall not be applicable to any county subject to the provisions of Section 31676.1, 31676.11, 31676.12, 31676.13, 31676.14, or 31676.15. (Amended by Stats. 1977, Ch. 252.)
  175. 31641.97.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section lets certain county employees buy military service credit if they meet specific service, notice, and payment 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31641.97. (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 adopts, by majority vote, a resolution implementing this section. (b) The purpose of this section is to authorize persons hired by the county before January 1, 1993, and employed by the county on December 31, 1992, to receive credit in the retirement system for prior military service by contributing to the retirement system an amount equal to the full cost, including interest, of the employee and county liability for the additional credit. (c) Notwithstanding any other provision of this chapter, an eligible person must meet the following requirements in order to receive credit for prior military service: (1) The person must have been hired by the county before January 1, 1993, and must have been an active employee on December 31, 1992. (2) The person must file written notice with the retirement board before January 1, 1995, electing to receive credit and providing such information as the board may require. (3) The person must contribute to the retirement system prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed five years, an amount equal to the full cost, including interest, of the employee and county liability for the additional credit. (4) The person must not be entitled to receive a pension or retirement allowance for the prior military service and must provide the certification required by Section 31641.4. (5) A person who was hired by the county before January 1, 1993, who was actively employed by the county on December 31, 1992, and who retired or elected deferred retirement after December 31, 1992, and before December 31, 1993, may also elect to receive credit under this section by filing the written notice and making the entire contribution before July 1, 1994, less whatever additional amounts would have been paid to that person by the retirement system if the person had made the entire contribution prior to retirement. (d) The board of supervisors may include additional terms and conditions in the resolution implementing this section, provided the terms and conditions do not include the system paying for any of the employee or county cost of the military service credit. (e) The full cost, including interest, of the employee and county liability for the additional credit under this section shall be determined by the board of retirement on actuarial advice, and shall be the actuarial equivalent of the difference between the retirement benefits the person will receive after receipt of credit for prior military service under this section and the retirement benefits the person would have received without that credit. (Added by Stats. 1993, Ch. 906, Sec. 2.7. Effective October 8, 1993. Operative January 1, 1994, by Sec. 24 of Ch. 906.)
  176. 31642.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Several kinds of absences or resignations do not break continuity of service if the employee returns within the stated time or before withdrawal of contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31642. The following shall not be considered as breaking the continuity of service: (a) A temporary layoff because of illness or for purposes of economy, suspension, or dismissal, followed by reinstatement or re-employment within one year. (b) A leave of absence followed by reinstatement or re-employment within one year after the termination of the leave of absence. (c) A resignation to enter, followed by entrance into, the armed forces of the United States, followed by re-employment by the county or district within six months after the termination of such service. (d) Resignation of a member who has elected in writing to come within the provisions of Article 9 followed by re-employment before withdrawal of any accumulated contributions. The withdrawal of accumulated contributions followed by the redeposit of the contributions upon re-entrance into service does not constitute a break in the continuity of service. (Amended by Stats. 1951, Ch. 596.)
  177. 31643.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Prior service” means service before a member enters the retirement system, unless the board’s regulations provide 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31643. Unless otherwise provided in the regulations of the board, “prior service” means service prior to the date of entry of a member into the retirement system. (Added by Stats. 1947, Ch. 424.)
  178. 31644.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may define, by regulation, what counts as prior service, and may treat some employment that is not service under Sections 31641 and 31642 as prior 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31644. In its regulations the board may provide what service shall constitute prior service. Such service may include employment which is not service as defined in Sections 31641 and 31642. (Amended by Stats. 1967, Ch. 628.)
  179. 31645.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Prior service credit must be granted to qualifying people, except where Sections 31641.5 or 31648 apply, if they meet the timing and membership requirements in 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31645. Except as provided in Sections 31641.5 or 31648 credit for prior service, whether interrupted or not, shall be granted to each person who has rendered such service as defined in or pursuant to this chapter, and who has become a member of the retirement system within one year after it becomes operative or at any time prior to October 1, 1953, whichever is the later, or within six months after discharge from military service. One who performed service otherwise qualifying for credit under this section, who re-entered county employment subsequent to September 1, 1953 and prior to December 31, 1953, shall receive credit for such service, subject to Section 31648, provided such person is employed, as of the effective date of this section, in a position for which service credit is given under this article. (Amended by Stats. 1963, Ch. 1199.)
  180. 31645.5.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section says certain service counts as prior 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31645.5. Prior service includes service rendered for a district as defined by subdivisions (i) and (j) of Section 31468 at any time after the date of execution of the first contract between the county and the nonprofit corporation relative to the operation of one or more museums or after the date of employment with the economic development association. (Added by Stats. 1987, Ch. 478, Sec. 2.)
  181. 31646.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member returning from certain unpaid leaves may get service credit if they pay the required contributions and interest, subject to a 12-consecutive-month cap.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31646. (a) A member who returns to active service following an uncompensated leave of absence on account of the member’s illness may receive service credit for the period of the absence upon the payment of the contributions that the member would have paid during that period, together with the interest that the contributions would have earned had they been on deposit, if the member was not absent. The contributions may be paid in a lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. Credit shall not be received for any period of such an absence in excess of 12 consecutive months. (b) (1) A member who returns to active service following an uncompensated leave of absence on account of parental leave may receive service credit for the period of the absence upon the payment of the contributions that the member and the employer would have paid during that period, together with the interest that the contributions would have earned had they been on deposit, if the member was not absent. For purposes of this subdivision, parental leave is defined as any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to employment at the end of the approved leave for a period of time at least equal to that leave. The contributions may be paid in a lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. Credit shall not be received for any period of such an absence in excess of 12 consecutive months. (2) This subdivision shall not be operative until the board of supervisors, by resolution adopted by majority vote, makes the provisions applicable to that county and applies it to parental leave that commences after the adoption by the board of supervisors. (c) (1) A member who returns to active service following an uncompensated leave of absence on account of the serious illness of a family member when the absence is eligible for coverage under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act, as described in Section 12945, may receive service credit for the period of the absence upon the payment of the contributions that the member and the employer would have paid during that period, together with the interest that the contributions would have earned had the contributions been on deposit, if the member was not absent. For purposes of this subdivision, “leave of absence on account of illness of a family member” means any time, up to one year, during which a member is granted an approved leave to care for a seriously ill family member and returns to employment at the end of the approved leave for a period of time at least equal to that leave. The contributions required to receive the service credit may be paid in a lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. Credit shall not be received for any period of such an absence in excess of 12 consecutive months. (2) This subdivision shall not be operative until the board of supervisors, by resolution adopted by majority vote, makes the provisions applicable to that county and applies it to leave that commences after the adoption by the board of supervisors. (Amended by Stats. 2022, Ch. 524, Sec. 1. (AB 1971) Effective January 1, 2023.)
  182. 31646.1.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may buy service credit for certain unpaid leave time after returning to work, if the member pays the required contributions plus interest and meets the service-credit minimums.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31646.1. A member who returns to active service following an uncompensated leave of absence on account of illness or injury arising out of and in the course of employment which exceeds 12 consecutive months and for which the member receives temporary disability benefits pursuant to the Labor Code during the absence may receive service credit for the full period in excess of 12 consecutive months during which the member received temporary disability benefits pursuant to the Labor Code upon the payment of the contributions which the member would have paid during that period, together with the interest which the contributions would have earned had they been on deposit, if the member was not absent, provided, that the member has rendered sufficient service, other than the service for which credit in excess of 12 consecutive months is to be purchased pursuant to this section, to meet the minimum service credit requirements for benefits. The contributions may be paid in a lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make this section applicable in the county. (Added by Stats. 1988, Ch. 81, Sec. 2.)
  183. 31646.2.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may give furloughed members the same service credit and compensation they would have received without the furlough, and may require extra member or employer contributions to fund the 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31646.2. (a) The board may grant a member who is subject to a temporary mandatory furlough the same service credit and compensation earnable or pensionable compensation to which the member would have been entitled in the absence of the temporary mandatory furlough. The board may condition this grant on the receipt of additional member or employer contributions, or both as applicable, that the board determines are necessary to fund any benefits granted under this section on an actuarially sound basis. (b) For the purposes of this section, “temporary mandatory furlough” means the time during which a member is directed to be absent from work without pay for up to one quarter of the member’s normal working hours, provided that these reduced working hours shall not be in place for longer than two years. (Added by Stats. 2022, Ch. 524, Sec. 2. (AB 1971) Effective January 1, 2023.)
  184. 31646.5.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member seeking a nonservice-connected disability retirement allowance may get service credit for an unpaid leave period if the stated 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31646.5. (a) A member who wishes to apply for a nonservice-connected disability retirement allowance may, to the extent necessary to qualify for that allowance, receive service credit for a period of continuous, uncompensated leave immediately preceding the filing of the application upon satisfaction of all of the following: (1) The member has exhausted all compensated leave, including any catastrophic leave to which the member may be eligible. (2) The leave of absence was due to the member’s medical condition that has been determined by the board to be a terminal illness. (3) Payment by the member of the contributions the member would have paid during the leave of absence, together with interest those contributions would have earned had they been on deposit if the member were not absent. The contributions may be paid in a lump sum, or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed; provided, however, that payment shall be completed prior to the effective date of the member’s retirement, or in accordance with Section 31485.7 or 31485.8 if either section has been adopted by the board of supervisors. (b) Credit may not be received pursuant to this section for a period in excess of 12 consecutive months. (c) This section shall not apply in any county unless and until it is adopted by a majority vote of the board of supervisors. (Added by Stats. 1999, Ch. 271, Sec. 1. Effective January 1, 2000.)
  185. 31647.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person cannot receive prior service credit for any time when the person was not in service as defined by 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31647. A person is not entitled to credit as prior service for time during which he was not in service as defined in this chapter. (Added by Stats. 1947, Ch. 424.)
  186. 31648.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain newly included county retirement members do not get service credit unless they pay the required contributions on time, or the governing body votes to cover some or all of the cost. A resigning member may withdraw only the portion of accumulated contributions he personally made.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648. If any officer or employee not previously included within the field of membership of the association is brought within the field of membership or if any elected official chooses to come within the field of membership subsequent to the establishment of the association, he shall not receive credit for service or for prior service unless either (1) he elects to and does pay into the association within one year thereafter, or within such longer time as is provided in the regulations of the board, and before an application for retirement is filed, an amount equal to the contributions he would have made if he had been a member of the association from the date of its organization, or from the date of his entry into county service, whichever is the later, together with regular interest thereon or (2) the governing body, by a four-fifths vote, provides that it shall make, on behalf of all such officers or employees eligible to receive credit for prior service under this section and who so elect subsequent to the effective date of the amendment to this section at the 1963 Session of the Legislature, all or a part of the contributions to the association that the officer or employee would be required to make for his prior service, except that the contributions made by the governmental agency pursuant to this section shall be available only for the purpose of retirement for service or for disability and a member resigning from county service shall be entitled to withdraw only that portion of his accumulated contributions made by him. (Amended by Stats. 1963, Ch. 1473.)
  187. 31648.2.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The governing body of a contracting agency, and the governing body of the receiving district, may allocate and pay certain retirement liabilities in these 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.2. In any county in which the board of supervisors has entered into an agreement as permitted by Section 20569.1, the governing body of the contracting agency from which the firemen were transferred or the governing body of the district to which the firemen were transferred may pay all or part of the cost, as determined by the board, of the liabilities which were assumed by the county system under Section 20569 and which exceed the value of the cash or securities or both transferred by the Public Employees Retirement System to the county system. The governing bodies of the contracting agency and of the district may determine the proportion of the liabilities each pays. (Added by Stats. 1974, Ch. 1343.)
  188. 31648.3.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A rehired full-time member may get service credit for a layoff period if the member pays the required contributions plus interest, subject to time limits and county 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.3. A member who is a full-time employee and returns within 12 months of the date of layoff to full-time service following a period of layoff commencing on or after January 1, 1981, but not to exceed 12 months, may receive service credit for the period of the absence, but not to exceed one year, upon the payment of the contributions that the member would have paid during that period, together with the interest that the contributions would have earned had they been on deposit, if the member was not absent. The contributions may be paid in lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. The service credit provided by this section shall be provided only to persons who have returned to employment under the procedures of the employer for returning laid-off employees to work and shall not exceed one year of service credit for each layoff period. The decision of the member to redeposit withdrawn contributions shall be made within five years from the date the member is rehired or the effective date of the adoption by the county board of supervisors of this section. Upon completion of the redeposit with interest, the entry age of the member shall be adjusted to the original age of entry and membership is reestablished to that date. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make this section applicable in the county. (Amended by Stats. 1993, Ch. 284, Sec. 1. Effective January 1, 1994.)
  189. 31648.4.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain governing bodies may pay all or part of specified retirement-liability costs, and may decide how to split those costs.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.4. In any county in which the board of supervisors has entered into an agreement as permitted by Section 20569.2, the governing body of the contracting agency from which the employees were transferred or the governing body of the district or the county service area to which the employees were transferred may pay all or part of the cost, as determined by the board, of the liabilities which were assumed by the county system under Section 20569 and which exceed the value of the cash or securities of both transferred by the Public Employees’ Retirement System to the county system. The governing bodies of the contracting agency and of the district or the county service area may determine the proportion of the liabilities each pays. (Added by renumbering Section 31648.3 (as added by Stats. 1984, Ch. 1403) by Stats. 1986, Ch. 248, Sec. 85.)
  190. 31648.5.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An eligible elective officer may get county retirement credit for prior county service as current service if the officer pays the required contributions plus regular 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.5. Any elective officer (a) who has filed a declaration of election to become a member of a county retirement association established pursuant to this chapter and (b) who rendered any county service after the effective date of the system so established and prior to the effective date of his membership in the association and (c) who would not otherwise be entitled to credit for such service, shall be entitled to credit for such service as current service if he contributes to the retirement association the contributions which he would have made if he had been a member of the association during the time such service was rendered, together with regular interest thereon. (Amended by Stats. 1970, Ch. 369.)
  191. 31648.55.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An elective officer with a break in service may count previous service as current service 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.55. Any member who is an elective officer, and who has had a break in service, may receive credit for the previous service as current service, if all of the following conditions are met: (a) The member serves in the same office. (b) The service is not a basis for any other present or future public retirement benefits. (c) The member, prior to the effective date of retirement, by lump-sum payment or by installment over a period not to exceed five years, (1) contributes an amount equal to twice the contributions the members would have made to the retirement fund if the member had been a member during the same length of time as that for which the member has elected to receive credit as service, computed by applying the rate of contribution first applicable to the member upon commencement of membership and (2) pays any interest that would have accrued to that amount. This section shall not be operative in any county, until adopted by resolution of the board of supervisors. (Added by Stats. 1981, Ch. 1104, Sec. 1.)
  192. 31648.6.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An elective officer may get full-month service credit if the officer’s term ends with a fractional month over 20 days and the required contributions are paid before the first retirement allowance payment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31648.6. Any elective officer whose term of office expires at a time when the total period of his incumbency divided into months results in a fractional month greater than 20 days shall be deemed to have rendered service sufficient to receive credit for a full month provided that such officer contributes to the retirement association prior to the receipt of the first payment of his retirement allowance the contributions required for that month. (Added by Stats. 1963, Ch. 794.)
  193. 31649.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members who were away from county or district employment for military service may make contributions and get service credit if they qualify under USERRA. A member who does not qualify under that rule may still get credit if they return within one year of honorable discharge and make the required contribution plus interest before 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31649. (a) This chapter shall comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as amended from time to time. Any member who was absent from county or district employment for military service and is eligible for reemployment benefits pursuant to USERRA, may, as provided in USERRA, make contributions and receive service credit for the time absent. (b) Any member who does not qualify for reemployment benefits under subdivision (a) due to the length of the military service, and who returns to county or district employment within one year of being honorably discharged from the Armed Forces of the United States, shall receive credit for service for all or any part of the member’s military service, if, before retirement from the county or district, the member contributes what they would have paid to the fund for that period based on the member’s compensation earnable, as defined by Section 31461, or pensionable compensation, as defined in Section 7522.34, whichever is applicable, at the time of the beginning of the absence together with applicable interest on that amount. (c) Nothing in this section shall affect any arrangement to pay contributions pursuant to Section 31653. (Repealed and added by Stats. 2020, Ch. 275, Sec. 37. (AB 2101) Effective January 1, 2021.)
  194. 31649.1.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An employer that reemploys a covered member must notify the system in writing within 30 days and give the returning employee written notice of the right to buy back that service credit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31649.1. Any employer who reemploys a member who is subject to the provisions of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, shall, within 30 days after the date of that reemployment, provide information in writing as required by the board notifying the system of that reemployment, and shall provide the returning employee written notification of the right to purchase that service credit. (Added by Stats. 1996, Ch. 680, Sec. 13. Effective January 1, 1997.)
  195. 31652.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may redeposit withdrawn retirement contributions with interest before applying for retirement, and some returning members may qualify for reciprocal retirement benefits if they meet the timing and contribution 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31652. (a) Any member may redeposit in the retirement fund, prior to filing an application for retirement, by lump sum payment or by installment payments over a period of one year or for a longer time upon approval of the board, an amount equal to all of the accumulated normal contributions which he has withdrawn, plus regular interest thereon from the date of separation from the retirement system, and his membership is the same as if unbroken by such termination. Except as provided in this section his rate of contribution shall be based on age at the nearest birthday at time of reentrance into the system. If he does not redeposit all of the accumulated normal contributions previously withdrawn he shall be considered as a new member without credit for any previous service. “Regular interest” as used in this section 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 by this section had been on deposit from the date of separation from the retirement system until the amount required to be deposited has been paid. (b) Any member who left county service on or before December 31, 1971, and thereafter again became a member of the county system which he left and (1) who did not withdraw his accumulated normal contributions, or (2) who elected to leave his accumulated normal contributions on deposit pursuant to Article 9 (commencing with Section 31700), or (3) who redeposited or redeposits withdrawn accumulated normal contributions plus interest as authorized in this section, shall be eligible for all benefits granted a member entering a reciprocal retirement system under Article 15 (commencing with Section 31830), including the benefits granted to members who left their accumulated contributions on deposit or who redeposited their accumulated contributions pursuant to Section 31831.1. This paragraph shall not be applicable to any member entering service after December 31, 1977. (c) Any member who left county service on or after January 1, 1972, and who within 90 days thereafter again became a member of the county system which he left and (1) who did not withdraw his accumulated normal contributions, or (2) who elected to leave his accumulated normal contributions on deposit pursuant to Article 9 (commencing with Section 31700), or (3) who redeposits or redeposited his withdrawn accumulated normal contributions plus interest as authorized by Section 31652 within 180 days after leaving county service, shall be eligible for all benefits granted a member entering a reciprocal retirement system under Article 15 (commencing with Section 31830), except that Section 31831.1 shall not apply to such members. (d) This section shall not apply to members who are retired or who are not in service of an employer making him a member of this system. (Amended by Stats. 1978, Ch. 141.)
  196. 31652.1.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may redeposit withdrawn normal contributions with interest before applying for retirement, and some returning county employees may keep reciprocal retirement benefits if they meet the stated timing and contribution 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31652.1. (a) Any member may redeposit in the retirement fund, prior to filing an application for retirement, by lump-sum payment or by installment payments over a period of one year or for a longer time upon approval of the board, an amount equal to all of the accumulated normal contributions which he has withdrawn, plus regular interest thereon from the date of separation from the retirement system, and his membership is the same as if unbroken by such termination. Except as provided in this section his rate of contribution shall be based on age at the nearest birthday at time of reentrance into the system. If he does not redeposit all of the accumulated normal contributions previously withdrawn he shall be considered as a new member without credit for any previous service. “Regular interest” as used in this section 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 by this section had been on deposit from the date of separation from the retirement system until the amount required to be deposited has been paid. (b) Any member who left county service on or before December 31, 1974, and thereafter again became a member of the county system which he left and (1) who did not withdraw his accumulated normal contributions, or (2) who elected to leave his accumulated normal contributions on deposit pursuant to Article 9 (commencing with Section 31700), or (3) who redeposited or redeposits withdrawn accumulated normal contributions plus interest as authorized in this section, shall be eligible for all benefits granted a member entering a reciprocal retirement system under Article 15 (commencing with Section 31830), including the benefits granted to members who left their accumulated contributions on deposit or who redeposited their accumulated contributions pursuant to Section 31831.1. This paragraph shall not be applicable to any member entering service after December 31, 1979. (c) Any member who left county service on or after January 1, 1975, and who within 90 days thereafter again became a member of the county system which he left and (1) who did not withdraw his accumulated normal contributions, or (2) who elected to leave his accumulated normal contributions on deposit pursuant to Article 9 (commencing with Section 31700), or (3) who redeposits or redeposited his withdrawn accumulated normal contributions plus interest as authorized by Section 31652 within 180 days after leaving county service, shall be eligible for all benefits granted a member entering a reciprocal retirement system under Article 15 (commencing with Section 31830), except that Section 31831.1 shall not apply to such members. (d) This section shall not apply to members who are retired or who are not in service of an employer making him a member of this system. (e) This section shall apply only in a county of the first class, as established by Sections 28020 and 28022 but shall not be operative in a county until adopted by resolution of the board of supervisors. (Added by Stats. 1982, Ch. 991, Sec. 1.)
  197. 31652.2.

    ## 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    This section lets certain county retirement system members get credit for prior public-agency service, and it limits when they can use the related reciprocity withdrawal option.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31652.2. (a) Any member of a retirement system established pursuant to this chapter who was previously a member of the same county retirement system and who thereafter became a member of the Public Employees’ Retirement System as a result of employment by a public agency contracting with the Public Employees’ Retirement System, shall receive credit in the county retirement system for service rendered as an officer or employee of such public agency, provided that he or she makes the contributions specified by Section 31641.2, and provided further that he or she is not entitled to receive any other pension or retirement allowance from any public agency for such service. (b) Notwithstanding any other provision of law, any person who would otherwise qualify under subdivision (a) who elected to leave his or her contributions on deposit with the Public Employees’ Retirement System and receive the benefits of reciprocity, may rescind that election and withdraw his or her contributions plus accrued interest from the Public Employees’ Retirement System and deposit the same in the county retirement system of which he or she is a member as payment in full or in part for the service credit described in this section. The person shall not thereafter have the right to redeposit the withdrawn contributions in the Public Employees’ Retirement System or to receive any credit for such service in that system. Any member of a county retirement system who is eligible to receive credit for other public service pursuant to this section shall receive the benefit of any motion or resolution adopted by the board of supervisors pursuant to subdivision (c) of Section 31641.2 which was in effect during the member’s county service. (c) This section shall apply only in a county of the first class, as established by Sections 28020 and 28022, but shall not be operative in a county until adopted by resolution of the board of supervisors. (Added by Stats. 1982, Ch. 991, Sec. 2.)
  198. 31653.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    The county or district governing board may choose to make retirement contributions for certain members who leave for military service and later return, and covered members can receive refunds, credits, or limited withdrawal rights if that happens.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31653. Notwithstanding this article, the governing board of the county or district may elect to contribute for any member of this system who is absent from and reenters the service of the county or district pursuant to Section 31649 amounts equal to the contributions that would have been made by the member and the member’s employer to the system on the basis of the member’s compensation earnable at the commencement of the absence, if the member had not been so absent. If the governing board elects to make any member’s contributions pursuant to this section: (a) Any such member who exercises or did exercise the right to contribute to the system during the period of military service shall have those contributions refunded or credited to that member’s account. (b) Any such member who withdraws or has withdrawn accumulated contributions during military service and who does not or did not redeposit the amount withdrawn upon return to employment with the county or district is entitled to be credited with any contribution the governing board elects to make, and to receive credit for service during the period of absence for military service, the same as if the member had not withdrawn accumulated contributions, and the rate for future contributions shall be based upon the member’s age at the commencement of the absence for military service. (c) The contributions made by the governing board pursuant to this section shall be available only for the purpose of retirement for service or for disability, and shall be made available only for the purpose of retirement, and a member resigning from the service of the county or district after reinstatement from military service shall be entitled to withdraw only that portion of accumulated contributions personally made by the member. (d) This section shall be retroactively applied to extend its benefits to such members of this system as the governing board may determine whose absence from county service on military service commenced on or after September 16, 1940, and who return or have returned to this service upon the termination of their military service. (e) This section does not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1). (Amended by Stats. 2017, Ch. 561, Sec. 89. (AB 1516) Effective January 1, 2018.)
  199. 31654.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    Certain former state employees who move into county service must join the county retirement association right away, and they may receive retirement credit for prior state service if specified certifications and payments are made.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31654. Whenever, as a result of the resumption by the counties pursuant to Article XXVII of the Constitution of functions relating to the administration of aid to the aged and aid to the needy blind theretofore performed by the state, any person ceases to be employed by the state and is employed by a county in which this chapter has become operative, the person shall become a member of the retirement association of the county immediately upon his entrance into the county service. Any such member of a county retirement system shall be entitled to credit in the county retirement system for service for which he was entitled to credit in the Public Employees’ Retirement System at the time of cessation of his employment by the state, without the necessity of payment of any additional contributions in respect to that service, when and if (a) the board of retirement receives certification from the Board of Administration of the Public Employees’ Retirement System of the state service with which the person was entitled to be credited by the Public Employees’ Retirement System at the time of cessation of his state employment; and (b) there is paid into the employees’ retirement fund of the county an amount equal to the normal contributions of the person to the Public Employees’ Retirement System, together with the interest credited thereto, which amount shall be credited to the individual account of the member in the county employee’s retirement system, and shall thereafter for all purposes be deemed to be the member’s contribution to the county retirement system in respect to the service so certified; and (c) there is paid into the employees’ retirement fund of the county an additional amount equal to the amount of such normal contributions, together with the interest credited thereto, which additional amount shall thereafter for all purposes be deemed to be the contributions of the employer county to the county retirement system in respect to the service so certified. (Amended by Stats. 1968, Ch. 1046.)
  200. 31655.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. )

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    A member may get retirement credit for war relocation absence if they pay the required amount, with interest, into the retirement fund before 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 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31655. Any member may receive credit for war relocation absence if the member elects to pay and does pay prior to retirement into the retirement fund an amount equal to the contributions the member would have made to the fund on the member’s compensation earnable at the time of the absence together with regular interest thereon. “War relocation absence” means the period of absence from county service occasioned by the evacuation and relocation of a member pursuant to orders issued by the commanding officer of the Western Defense Command in March 1942, for the evacuation of persons of Japanese descent from such area, where the member was in county service on March 5, 1942, and later returned to county service prior to July 1, 1947. This section shall not be operative in any county until adopted by resolution of the board of supervisors. (Added by Stats. 1976, Ch. 1027.)

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