Government Code — Part 46 | GOV — United States — California law | Esheria

Government Code

Part 46 of 107 · provisions 9,001–9,200

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. 31656.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 district may extend retirement service credit to an employee on authorized leave to serve as an employee bargaining unit official, if the employee pays required contributions and costs, the credit does not exceed 12 years, and the county board of supervisors has approved the section by majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31656. Nothing in this chapter shall be construed to prohibit any district established pursuant to Part 4 (commencing with Section 40000) of Division 10 of the Public Utilities Code, from extending retirement service credit pursuant to Section 40127 of the Public Utilities Code to any employee of the district who is on an authorized leave of absence to serve as an official of a recognized employee bargaining unit, under all of the following conditions: (a) The employee agrees to pay the total contributions that would otherwise be paid if the employee were not on leave, as well as any additional costs which may accrue to the system as a result of this extension of coverage. (b) The maximum service credit accumulated under this section shall not exceed 12 years. (c) Employees covered under this section shall not be eligible for disability benefits under any public employees’ retirement system in this state while on such leave of absence. 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 the county. (Amended by Stats. 2014, Ch. 740, Sec. 9. (AB 2473) Effective January 1, 2015.)
  2. 31657.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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 county retirement member gets immediate county membership and may receive prior service credit if the listed certifications, payments, and board action occur.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added 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. ) ## 31657. Subject to Section 20588, whenever, as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions performed by a public agency or the state subject to the Public Employees’ Retirement Law, any person ceases to be employed by a public agency or the state and is employed by a county, fire authority, or district in which this chapter has become operative, that person shall become a member of the retirement system of a county immediately upon entering county service. That member of the county retirement system shall be entitled to service credit in the county retirement system for the service for which he or she was entitled to credit in the Public Employees’ Retirement System at the time of cessation of employment by the public agency or the state, without necessity of payment of any additional contributions in respect to that service, when and if all of the following occur: (a) The board of retirement receives certification from the Board of Administration of the Public Employees’ Retirement System of the service with which the person was entitled to be credited by the Public Employees’ Retirement System at the time of cessation of his or her public agency or state employment. (b) There is paid into the county retirement fund of the county, an amount equal to the normal contributions of the person to the Public Employees’ Retirement System, together with all interest credited thereto, which amount shall be credited to the individual account of the member in the county retirement system, and shall thereafter for all purposes be deemed to be the member’s contribution to the county retirement system with respect to the service so certified. (c) There is paid to the retirement system of the county an amount equal to all contributions of the public agency or the state made to the Public Employees’ Retirement System on account of service rendered by the person together with interest credited to the public agency or the state thereto. (d) The board of retirement elects to apply this section as a prudent means of mitigating against potential adverse financial impact upon the county retirement system from the cost of disability retirements that may be applied for in the future by persons injured while being employed by the county, fire authority, or district after ceasing to be employed by a public agency or the state as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions. This section shall apply in a county of the first, the second, the seventh, or the fourteenth 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, and Sections 28023, 28028, and 28035, as amended by Chapter 1204 of the Statutes of 1971. (Amended by Stats. 2015, Ch. 86, Sec. 2. (AB 868) Effective January 1, 2016.)
  3. 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. )

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

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Service [31640 - 31658] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 31658. (a) An active member may elect, by written notice filed with the board, to make contributions pursuant to this section and to receive up to five years of service credit in the retirement system for additional retirement credit, if the member has completed at least five years of credited service with that retirement system. (b) As used in this section, “additional retirement credit” means time that does not otherwise qualify as county service, public service, military service, medical leave of absence, or any other time recognized for service credit by the retirement system. (c) Notwithstanding any other provision of this chapter, service credit for additional retirement credit may not be counted to meet the minimum qualifications for service or disability retirement or for purposes of establishing eligibility for any benefits based on 30 years of service, additional ad hoc cost-of-living benefits based on service credit, health care benefits, or any other benefits based upon service credit. (d) Any member who elects to make contributions and receive service credit for additional retirement credit shall contribute to the retirement fund, prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount that, at the time of commencement of purchase, in the opinion of the board and the actuary, is sufficient to not place any additional financial burden upon the retirement system. (e) No member may receive service credit under this section for any additional retirement credit for which he or she has not completed payment pursuant to subdivision (d) before the effective date of his or her retirement. Subject to the limitations of United States Internal Revenue Service regulations, a member who has elected to make payment in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (f) Any sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (g) This section is not operative in any county until the board of supervisors, by resolution adopted by majority vote, makes this section applicable in the county. (h) Pursuant to Section 7522.46, this section shall apply only to an application to purchase additional retirement credit that was received by the retirement system prior to January 1, 2013, that is subsequently approved by the system. (Amended by Stats. 2013, Ch. 247, Sec. 23. (AB 1380) Effective January 1, 2014.)
  4. 31662.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    This article applies only in counties subject to Sections 31676.1 and 31695.1.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31662. This article shall apply in a county subject to the provisions of Sections 31676.1 and 31695.1. (Amended by Stats. 1957, Ch. 568.)
  5. 31662.2.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    The board must make qualifying safety-member retirements, may let staff do that job, and staff must report retirements to the board at the next public meeting.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31662.2. (a) Retirement of a safety member in a county subject to the provisions of Section 31676.1, or of Section 31695.1, if applicable, who has met the requirements for age and service shall be made by the board pursuant to this article or pursuant to the California Public Employees’ Pension Reform Act of 2013, whichever is applicable. (b) The board may authorize the system administrator or other personnel to exercise the board’s power and perform its duty to retire members under this section. The system administrator or other personnel shall report service retirements to the board at the next public meeting of the board after the retirement. (Amended by Stats. 2020, Ch. 275, Sec. 42. (AB 2101) Effective January 1, 2021.)
  6. 31662.4.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    Certain safety members must be retired forthwith once the section becomes operative and the age conditions are met; the board of supervisors must first make the section applicable in the county by majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31662.4. At the expiration of two years after a retirement system pursuant to this chapter becomes operative, or on January 1, 1954, whichever is later, every safety member except an elective officer, the sheriff and undersheriff, who has attained age 60 shall be retired forthwith. On the said date a sheriff who is a safety member, is not an elective officer, and who has attained age 70 and an undersheriff who is a safety member and who has attained age 70 shall be retired forthwith. 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. 1986, Ch. 840, Sec. 6.)
  7. 31662.6.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    A qualifying safety member must be retired at age 60, effective on the first day of the next calendar month, but only after the section has been made applicable in the county.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31662.6. Two years after a retirement system established by this chapter becomes operative, a safety member except an elective officer, the sheriff and undersheriff, and the marshal appointed to serve the superior court within the county, shall be retired as of the first day of the calendar month next succeeding that in which he or she attains age 60. 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. 2002, Ch. 784, Sec. 190. Effective January 1, 2003.)
  8. 31662.8.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    Safety members holding elective office must retire at the end of the first elected term that ends after their 70th birthday, unless a stated timing exception applies. The section does not apply in a county until the board of supervisors makes it applicable by majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31662.8. Every safety member holding an elective office shall be retired at the end of the first term to which he or she is elected which expires on the date following his or her seventieth birthday, except that if the term expires within two years after the date on which a retirement system becomes operative or prior to January 1, 1954, whichever is later, he or she shall be retired at the end of the next term to which he or she is elected. 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. 1986, Ch. 840, Sec. 8.)
  9. 31663.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    Certain county safety members must retire at specified ages, and the section applies in a county only if the board of supervisors adopts it by majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663. After January 1, 1954, or two years after a retirement system established by this chapter becomes operative, whichever is later, a sheriff who is a safety member and not elective, and an undersheriff, who is a safety member shall be retired as of the first day of the calendar month next succeeding that in which he or she attains age 70. The marshal appointed to serve the superior court within the county who is a safety member shall be retired as of the first day of the calendar month next succeeding that in which he or she attains age 65. In San Bernardino County, a sheriff’s inspector, a chief inspector in a sheriff’s office, or a chief deputy in a sheriff’s office, who is a safety member and whose primary duties are administrative, shall be retired as of the first day of the calendar month next succeeding that in which the person attains age 70. 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. 2002, Ch. 784, Sec. 191. Effective January 1, 2003.)
  10. 31663.1.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    This section excludes certain administrative safety members from Sections 31662.6 and 31663, applies only to counties of the first class, and does not take effect in a county until the board of supervisors approves it by majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663.1. (a) Sections 31662.6 and 31663 shall not apply to an assistant sheriff or a chief in a sheriff’s office who is a safety member and whose primary duties are administrative. (b) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (c) This section shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make this section applicable in the county. (Added by Stats. 2001, Ch. 33, Sec. 1. Effective July 3, 2001.)
  11. 31663.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    This section limits when certain retirement rules apply to active safety members if a county physician certifies they can do their duties, and it requires counties that adopt the section to give disabled-leave members a chance to get that certification before mandatory retirement applies.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663.15. (a) Sections 31662.4, 31662.6, 31662.8, and 31663 shall not apply to a person who is an active safety member described in Section 31469.3 or 31470.4 if a physician employed or approved by the county certifies that the safety member is capable of performing his or her assigned duties pursuant to standards set forth by the member’s employer. (b) This section shall also apply to a member who reinstates from retirement pursuant to Section 31680.8. (c) A county that adopts this section shall provide a safety member who is on a disability leave of absence the opportunity to receive the physician certification described in subdivision (a) upon return from his or her leave, and that member shall not be subject to mandatory retirement pursuant to Section 31662.4, 31662.6, or 31662.8 prior to receiving that opportunity. (d) 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. (e) This section shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make this section and Section 31680.8 applicable in the county. The resolution of the board of supervisors may designate a date, which may be prior to the date of the resolution or the effective date of this section, upon which the resolution and this section shall be operative in the county, and may further provide that a member, described in Section 31470.4, who retired pursuant to Section 31662.4 or 31662.6, prior to April 1, 2007, is not eligible to reinstate from retirement pursuant to Section 31680.8. (Amended by Stats. 2009, Ch. 191, Sec. 1. (SB 538) Effective January 1, 2010.)
  12. 31663.25.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

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    Some safety members may retire by filing a written application with the board, subject to age or service thresholds and timing 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663.25. (a) Except as provided in Section 31663.26, a safety member who has reached the applicable compulsory age of retirement, if any, or a safety member who has completed 10 years of continuous service and who has reached the age of 50, or a safety member who has completed 20 years of service regardless of age, may be retired upon filing with the board a written application setting forth the date upon which the member desires the member’s retirement to become effective. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (b) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) for all or any portion of that member’s membership in the county retirement system. (Amended by Stats. 2022, Ch. 231, Sec. 10. (AB 1824) Effective January 1, 2023.)
  13. 31663.26.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A qualified safety member may retire by filing a written application with the board, but the retirement date cannot be earlier than the filing date or more than 60 days later unless the board approves a different number of days.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663.26. (a) Notwithstanding Section 31663.25, a safety member who has reached the applicable compulsory age of retirement, if any, or a safety member who is a full-time employee, has completed 10 years of service, has reached the age of 50, and has no service break which exceeds 12 months, or a safety member who has completed 20 years of service regardless of age, may be retired upon filing with the board a written application setting forth the date upon which the member desires the member’s retirement to become effective. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (b) This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance, make this section applicable in the county. (c) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of their membership in the county retirement system. (Amended by Stats. 2022, Ch. 231, Sec. 11. (AB 1824) Effective January 1, 2023.)
  14. 31663.3.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    In certain counties, an undersheriff who turns 70 may continue to be employed year to year at the county’s discretion.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31663.3. Notwithstanding any other provision of law, in any county having a population in excess of 199,000 but less than 200,000 as determined by Section 28020 as amended in 1961, an undersheriff upon attaining the age of 70 shall thereafter be employed from year to year at the discretion of the county. (Added by Stats. 1971, Ch. 437.)
  15. 31664.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    This section sets the formula for a safety member’s retirement allowance and says contributions stop for safety members with 30 years of continuous 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for safety members purchased by the contributions of the county or district sufficient when added to the service retirement annuity to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite his or her age at retirement taken to the preceding completed quarter year in the following table, multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the limitation of the safety member’s final compensation as set forth in Section 31676.1 as it now reads or may hereafter be amended to read: Age at retirement Fraction 41 ........................ .6258 41¼ ........................ .6350 41½ ........................ .6442 41¾ ........................ .6533 42 ........................ .6625 42¼ ........................ .6720 42½ ........................ .6814 42¾ ........................ .6909 43 ........................ .7004 43¼ ........................ .7102 43½ ........................ .7200 43¾ ........................ .7299 44 ........................ .7397 44¼ ........................ .7499 44½ ........................ .7601 44¾ ........................ .7703 45 ........................ .7805 45¼ ........................ .7910 45½ ........................ .8016 45¾ ........................ .8121 46 ........................ .8226 46¼ ........................ .8339 46½ ........................ .8452 46¾ ........................ .8566 47 ........................ .8678 47¼ ........................ .8780 47½ ........................ .8882 47¾ ........................ .8983 48 ........................ .9085 48¼ ........................ .9194 48½ ........................ .9304 48¾ ........................ .9413 49 ........................ .9522 49¼ ........................ .9641 49½ ........................ .9761 49¾ ........................ .9880 50 ........................ 1.0000 50¼ ........................ 1.0130 50½ ........................ 1.0259 50¾ ........................ 1.0387 51 ........................ 1.0516 51¼ ........................ 1.0656 51½ ........................ 1.0796 51¾ ........................ 1.0937 52 ........................ 1.1078 52¼ ........................ 1.1231 52½ ........................ 1.1384 52¾ ........................ 1.1538 53 ........................ 1.1692 53¼ ........................ 1.1859 53½ ........................ 1.2028 53¾ ........................ 1.2195 54 ........................ 1.2366 54¼ ........................ 1.2547 54½ ........................ 1.2730 54¾ ........................ 1.2915 55 and over ........................ 1.3099 The fraction herein set forth shall be used until adjusted by each board for its retirement system in accordance with the interest and mortality tables adopted by that board. Contributions shall not be made by safety members having credit for 30 years of continuous service. (Amended by Stats. 2001, Ch. 32, Sec. 1. Effective January 1, 2002.)
  16. 31664.1.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A county board of supervisors may make this section apply in the county by majority resolution; safety members with 30 years of continuous service may not make 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.1. (a) This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. (b) Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for safety members purchased by the contributions of the county or district sufficient when added to the service retirement annuity to equal 3 percent of the member’s final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement. In no event shall the total retirement allowance exceed the limitation of the safety member’s final compensation as set forth in Section 31676.1, as it now reads or may hereafter be amended to read. Age at Retirement Fraction 41 ........................ .6258 41¼ ........................ .6350 41½ ........................ .6442 41¾ ........................ .6533 42 ........................ .6625 42¼ ........................ .6720 42½ ........................ .6814 42¾ ........................ .6909 43 ........................ .7004 43¼ ........................ .7102 43½ ........................ .7200 43¾ ........................ .7299 44 ........................ .7397 44¼ ........................ .7499 44½ ........................ .7601 44¾ ........................ .7703 45 ........................ .7805 45¼ ........................ .7910 45½ ........................ .8016 45¾ ........................ .8121 46 ........................ .8226 46¼ ........................ .8339 46½ ........................ .8452 46¾ ........................ .8586 47 ........................ .8678 47¼ ........................ .8780 47½ ........................ .8882 47¾ ........................ .8983 48 ........................ .9085 48¼ ........................ .9194 48½ ........................ .9304 48¾ ........................ .9413 49 ........................ .9522 49¼ ........................ .9641 49½ ........................ .9761 49¾ ........................ .9880 50 and over ........................ 1.0000 (c) Contributions shall not be made by safety members having credit for 30 years of continuous service. (Added by Stats. 2000, Ch. 237, Sec. 2. Effective January 1, 2001.)
  17. 31664.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A qualifying safety member’s prior service pension must be increased if the member retires at age 50 or older with 20 years of continuous service and 25 years of total service, and the retirement allowance is below half of final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.15. Notwithstanding any other provisions of this chapter, a safety member who enters the system with credit for prior service and retires upon completion of 20 years of continuous service and a total of 25 years of service after attaining age 50 whose retirement allowance is less than one-half of his or her final compensation, his or her prior service pension shall be increased so as to cause his or her total retirement allowance to amount to one-half of that final compensation. (Amended by Stats. 2008, Ch. 164, Sec. 9. Effective January 1, 2009.)
  18. 31664.2.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A county’s board of supervisors may make this retirement section apply in the county by majority vote. The provision also sets how safety members’ current service pension is calculated and bars contributions from safety members with 30 years of continuous 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.2. (a) This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. (b) Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for safety members purchased by the contributions of the county or district sufficient when added to the service retirement annuity to equal 3 percent of the member’s final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement. In no event shall the total retirement allowance exceed the limitation of the safety member’s final compensation as set forth in Section 31676.1, as it now reads or may hereafter be amended to read. Age at Retirement Fraction 41 ........................ .4777 41¼ ........................ .4848 41½ ........................ .4918 41¾ ........................ .4987 42 ........................ .5058 42¼ ........................ .5130 42½ ........................ .5202 42¾ ........................ .5274 43 ........................ .5347 43¼ ........................ .5422 43½ ........................ .5497 43¾ ........................ .5572 44 ........................ .5647 44¼ ........................ .5725 44½ ........................ .5803 44¾ ........................ .5881 45 ........................ .5958 45¼ ........................ .6039 45½ ........................ .6120 45¾ ........................ .6200 46 ........................ .6280 46¼ ........................ .6366 46½ ........................ .6452 46¾ ........................ .6555 47 ........................ .6625 47¼ ........................ .6703 47½ ........................ .6781 47¾ ........................ .6858 48 ........................ .6936 48¼ ........................ .7019 48½ ........................ .7103 48¾ ........................ .7186 49 ........................ .7269 49¼ ........................ .7360 49½ ........................ .7452 49¾ ........................ .7543 50 ........................ .7634 50¼ ........................ .7733 50½ ........................ .7832 50¾ ........................ .7930 51 ........................ .8028 51¼ ........................ .8135 51½ ........................ .8242 51¾ ........................ .8349 52 ........................ .8457 52¼ ........................ .8574 52½ ........................ .8691 52¾ ........................ .8808 53 ........................ .8926 53¼ ........................ .9053 53½ ........................ .9182 53¾ ........................ .9310 54 ........................ .9418 54¼ ........................ .9579 54½ ........................ .9718 54¾ ........................ .9860 55 and over ........................ 1.0000 (c) Contributions shall not be made by safety members having credit for 30 years of continuous service. (Added by Stats. 2000, Ch. 237, Sec. 3. Effective January 1, 2001.)
  19. 31664.3.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    In counties with more than 2,000,000 people, a safety member must file a written election by January 1, 1952 to buy prior service credit at $6 per month.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.3. This section shall apply in any county having a population in excess of 2,000,000. A safety member shall receive no credit for prior service subsequent to June 30, 1921, and prior to January 1, 1938, in calculating a retirement allowance pursuant to this article unless prior to January 1, 1952, he files with the board his written election to pay into the retirement fund six dollars ($6) for each month of prior service for which he claims credit. If a safety member files an election pursuant to this section and has accumulated contributions to his credit as of December 31, 1937, which with interest to December 31, 1951, are less than payments due for prior service credit subsequent to June 30, 1921, the amount due or balance thereof shall be paid by additional salary deductions in the amounts specified by the member but in no case less than six dollars ($6) per month. The total amount due shall be paid prior to the effective date of his retirement. If the accumulated contributions with interest exceed the amount due for prior service credit the balance shall be refunded. (Amended by Stats. 1953, Ch. 955.)
  20. 31664.4.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    Certain former retirement-system members who become safety members get their prior membership-service contributions calculated using the same rates and conditions as comparable Chapter 4 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.4. Any person who elects to become a safety member who was a former member of a retirement system established pursuant to Chapter 3 or Chapter 5 shall have his contributions to the retirement association for membership service prior to January 1, 1952, calculated by the same rates and under the same conditions as those applicable to a member of the retirement system established pursuant to Chapter 4. (Amended by Stats. 1955, Ch. 370.)
  21. 31664.5.

    ## 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 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A safety member may retire after 25 years of service, and if that option is used, the member must receive a retirement allowance of at least 30% of final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.5. (a) Notwithstanding any other provisions of this chapter, a safety member may exercise the option of retiring upon completion of 25 years of service, and if such option is exercised, the safety member shall receive a retirement allowance equal to no less than 30 percent of his or her final compensation. (b) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her membership in the county retirement system. (Amended by Stats. 2013, Ch. 247, Sec. 27. (AB 1380) Effective January 1, 2014.)
  22. 31664.65.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. )

    Verify source ↗

    A retiring member with certain prior service or membership history is entitled to retirement allowances calculated under the applicable subdivision.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7.5. Retirement of Safety Members for Service [31662 - 31664.65] ( Article 7.5 added by Stats. 1951, Ch. 1098. ) ## 31664.65. If a member retires with credit for time during which he or she was not a safety member or a member of a system established pursuant to either Chapter 4 (commencing with Section 31900) or Chapter 5 (commencing with Section 32200), he or she shall receive for that time: (a) A retirement allowance calculated pursuant to Section 31664 for time during which he or she was employed principally in active law enforcement or active fire suppression as described in Section 31470.2 or Section 31470.4 by a county, or by a district or court organized or existing within such county, or was a member of a system established pursuant to either Chapter 4 (commencing with Section 31900) or Chapter 5 (commencing with Section 32200), plus a retirement allowance calculated under either subdivision (b) or (c), whichever is applicable. (b) A retirement allowance calculated pursuant to Section 31664 for all prior county service with such county, and for any public service credit for which the member has elected to receive pursuant to Section 31641.1 or 31641.5. This subdivision shall apply only to a member who, when the board of supervisors pursuant to Section 31695.1 provides that provisions of this chapter relating to safety members shall apply to all employees of the county whose principal duties consist of active law enforcement or active fire suppression as defined in Section 31470.2 or 31470.4, was employed by the county principally in active law enforcement or active fire suppression as defined by such sections and who elected to be included within such safety member provisions at the time and in the manner prescribed by Section 31695.2. (c) A retirement allowance calculated pursuant to Article 8 (commencing with Section 31670) for time during which he or she was not engaged principally in active law enforcement or active fire suppression as described in Section 31470.2 or 31470.4, nor a member of a system established pursuant to either Chapter 4 (commencing with Section 31900) or Chapter 5 (commencing with Section 32200). This subdivision shall apply to any member to whom subdivision (b) is not applicable. The provisions of this section shall be applicable irrespective of whether a member is, at the time of retirement, a safety member or a general member. (Amended by Stats. 2008, Ch. 164, Sec. 10. Effective January 1, 2009.)
  23. 31670.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must retire eligible members, and it may authorize staff to do that work; authorized staff must report service retirements to the board at the next public meeting after the 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31670. (a) Retirement of a member who has met the requirements for age and service shall be made by the board pursuant to this article or pursuant to the California Public Employees’ Pension Reform Act of 2013, whichever is applicable. (b) The board may authorize the system administrator or other personnel to exercise the board’s power and perform its duty to retire members under this section. The system administrator or other personnel shall report service retirements to the board at the next public meeting of the board after the retirement. (Amended by Stats. 2020, Ch. 275, Sec. 43. (AB 2101) Effective January 1, 2021.)
  24. 31671.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section caps the compensation that can be counted toward retirement benefits for certain members, tying it to federal limits and related California 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31671. (a) The amount of compensation that is taken into account in computing benefits payable to any person who first becomes a member of the retirement system on or after July 1, 1996, or January 1, 1996, for systems operating on a calendar basis, shall not exceed the limitations in Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the applicable annual compensation limit. (b) The compensation limitations specified in Section 7522.10 shall also apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her membership in the county retirement system. (Amended by Stats. 2014, Ch. 740, Sec. 10. (AB 2473) Effective January 1, 2015.)
  25. 31671.05.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some members may retire at the mandatory retirement age in effect on December 31, 1978, despite certain repeals.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31671.05. A member who, on December 31, 1978, was a member of a retirement system under this chapter which imposed a mandatory retirement age less than age 70 applicable to that member may, notwithstanding the repeal of Section 31671 by the same act amending this section during the 1983 portion of the 1983–84 Regular Session of the Legislature and the repeal of Sections 31671.01 and 31671.02 by Chapter 385 of the Statutes of 1978, retire from that system upon reaching the mandatory retirement age in effect for that system on December 31, 1978. This section shall not become operative in any county until the board of supervisors adopts a resolution making it operative in the county. (Amended by Stats. 1983, Ch. 666, Sec. 20.)
  26. 31672.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement member may retire by filing a written application with the board if the age or service conditions are met, subject to limits on the effective retirement 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31672. (a) A member who has reached 70 years of age or a member who has completed 10 years of service and who has reached 55 years of age, or a member who has completed 30 years of service regardless of age, may be retired upon filing with the board a written application, setting forth the date upon which the member desires the member’s retirement to become effective. Fifty-five years of age in the preceding sentence may be reduced to 50 years of age in a county by resolution of the board of supervisors. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (b) This section shall not apply to any member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) for all or any portion of that member’s membership in the county retirement system. (Amended by Stats. 2020, Ch. 275, Sec. 44. (AB 2101) Effective January 1, 2021.)
  27. 31672.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some county employees may retire by filing a written application with the board if they meet the age, service, and job-status conditions, and the retirement effective date is limited to a filing-based window.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31672.1. (a) An employee who has reached 55 years of age has held a position in the county service for 10 years, and on the date of retirement is employed in a temporary, seasonal, intermittent, or part-time position in which the employee has received credit for five full years of service, may be retired upon filing with the board a written application, setting forth the date upon which the employee desires the employee’s retirement to become effective. Fifty-five years of age in the preceding sentence may be reduced to 50 years of age in any county by resolution of the board of supervisors if such reduction has also been made under Section 31672. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (b) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of their membership in the county retirement system. (Amended by Stats. 2020, Ch. 275, Sec. 45. (AB 2101) Effective January 1, 2021.)
  28. 31672.2.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain eligible elective officers may retire by filing a written application with the board, but the effective retirement date has timing limits and the section does not apply to some officers covered by the 2013 pension reform act.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31672.2. (a) An elective officer who filed a declaration with the board to become a member, pursuant to Section 31553, who has served two complete consecutive terms in an elective office, and who has reached the minimum age for retirement provided in Section 31672, may be retired upon filing with the board a written application setting forth the date upon which the member desires the member’s retirement to become effective. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (b) This section shall become operative only in any county of the 16th class, as defined by Section 28020 and 28037, as amended by Chapter 1204 of the Statutes of 1971, and on the first day of the calendar month after the board of supervisors adopts a resolution making it operative in the county. (c) This section shall not apply to an elective officer who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of the elective officer’s membership in the county retirement system. (Amended by Stats. 2020, Ch. 275, Sec. 46. (AB 2101) Effective January 1, 2021. Section operative as prescribed by its own provisions.)
  29. 31672.3.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying county retirement system member may retire by filing a written application with the board, but the retirement date cannot be earlier than filing and generally cannot be more than 60 days after filing unless the board approves a different period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31672.3. A member of a county retirement system 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) for all or a portion of the member’s membership in the county retirement system who has completed five years of service and has reached the minimum retirement age applicable to that member under the act, or has reached 70 years of age, may be retired upon filing with the board a written application, setting forth the date upon which the member desires the member’s retirement to become effective. The effective retirement date shall not be either of the following: (1) Earlier than the date the application is filed with the board. (2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board. (Amended by Stats. 2020, Ch. 275, Sec. 47. (AB 2101) Effective January 1, 2021.)
  30. 31672.5.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The section lets certain county retirement members count prior public-agency service for retirement eligibility, requires the county retirement board to accept an authorized service certificate as prima facie evidence, and limits benefits based on service with the other agency.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31672.5. Notwithstanding any other provision of this chapter, when any member of a retirement system of any other public agency becomes a member of a county retirement association, established pursuant to this chapter, as a result of the transfer to and assumption by the county of any function of the other public agency, and the member retains rights in the retirement system of the other public agency in respect to service theretofore rendered to that agency, such member shall be eligible for retirement under the county retirement system at any time at which he would have been eligible for such retirement if the service rendered to the other public agency had been rendered instead to the county. A certificate of any officer of the other public agency authorized to determine service rendered to that agency that certain service was rendered to such agency shall be accepted by the retirement board of the county retirement association as prima facie evidence of service so rendered. This section shall be applied only to enable such members of county retirement systems to qualify for retirement. Nothing in this section entitles any member of a county retirement system to any pension or other benefit based upon service rendered to any other public agency, but such a member upon his retirement shall be entitled to a retirement allowance under the county retirement system, calculated according to the formula applicable under such system, and on the basis of his county service even though such service be less than the minimum county service required for retirement under such system. The provisions in this chapter for minimum retirement allowances, shall not apply to any retired person who would not have qualified for retirement without including under this section service rendered to such public agency, nor shall such provisions apply unless the sum of the retirement allowances to which such person is entitled under the county retirement system and the retirement system of the other public agency, is less than the otherwise applicable minimum allowance under such provisions. 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. (Added by Stats. 1957, Ch. 3.)
  31. 31673.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member retiring for service is entitled to a retirement allowance made up of three parts: service retirement annuity, current service pension, and prior service pension.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31673. Upon retirement for service a member is entitled to receive a retirement allowance which shall consist of: (a) His service retirement annuity. (b) His current service pension. (c) His prior service pension. (Added by Stats. 1947, Ch. 424.)
  32. 31674.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The service retirement annuity is treated as an annuity equal to the actuarial value of the member’s accumulated contributions at retirement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31674. The service retirement annuity is an annuity which is the actuarial equivalent of his accumulated contributions at the time of his retirement. (Added by Stats. 1947, Ch. 424.)
  33. 31675.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The provision defines the current service pension as a pension funded by county or district contributions and tied to the member’s accumulated normal 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31675. The current service pension is a pension, purchased by the contributions of the county or district, equal to that portion of the annuity purchased by the accumulated normal contributions of the member. (Added by Stats. 1947, Ch. 424.)
  34. 31676.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The section sets a formula for a member’s prior service pension as an additional pension paid from county or district 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676. The prior service pension is an additional pension for members purchased by the contributions of the county or district, equal to one-sixtieth of the average annual compensation earnable by him during the last three years prior to the establishment of the system and the last three years of service, multiplied by the number of years of prior service credited to him. (Amended by Stats. 1947, Ch. 348.)
  35. 31676.01.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section applies in a county only when the board of supervisors approves it by majority vote and the employer and employee representatives agree in memoranda 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.01. This section shall be operative in a county at such time or times as may be mutually agreed to in memoranda of understanding executed by the employer and employee representatives if the board of supervisors adopts, by majority vote, a resolution declaring that the section shall be operative in the county. Notwithstanding any other provisions of this chapter, the current service pension, or the current service pension combined with the prior service pension, is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-ninetieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age of Retirement Fraction 50 ........................ .7091 50¼ ........................ .7183 50½ ........................ .7274 50¾ ........................ .7366 51 ........................ .7457 51¼ ........................ .7547 51½ ........................ .7637 51¾ ........................ .7726 52 ........................ .7816 52¼ ........................ .7907 52½ ........................ .7999 52¾ ........................ .8090 53 ........................ .8181 53¼ ........................ .8275 53½ ........................ .8369 53¾ ........................ .8462 54 ........................ .8556 54¼ ........................ .8656 54½ ........................ .8755 54¾ ........................ .8855 55 ........................ ........................ .8954 55¼ ........................ .9061 55½ ........................ .9168 55¾ ........................ .9275 56 ........................ .9382 56¼ ........................ .9498 56½ ........................ .9614 56¾ ........................ .9730 57 ........................ ........................ .9846 57¼ ........................ .9972 57½ ........................ 1.0098 57¾ ........................ 1.0224 58 ........................ 1.0350 58¼ ........................ 1.0487 58½ ........................ 1.0625 58¾ ........................ 1.0762 59 ........................ 1.0899 59¼ ........................ 1.1049 59½ ........................ 1.1199 59¾ ........................ 1.1349 60 ........................ 1.1500 60¼ ........................ 1.1611 60½ ........................ 1.1723 60¾ ........................ 1.1835 61 ........................ 1.1947 61¼ ........................ 1.2097 61½ ........................ 1.2247 61¾ ........................ 1.2398 62 ........................ 1.2548 62¼ ........................ 1.2707 62½ ........................ 1.2867 62¾ ........................ 1.3026 63 ........................ 1.3186 63¼ ........................ 1.3355 63½ ........................ 1.3525 63¾ ........................ 1.3695 64 ........................ 1.3865 64¼ ........................ 1.4047 64½ ........................ 1.4229 64¾ ........................ 1.4411 65 and over ........................ 1.4593 The fractions herein set forth shall be used until adjusted by each board for its retirement system in accordance with the interest and mortality tables adopted by each such board with respect to its retirement system. In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. (Amended (as added by Stats. 1993, Ch. 61) by Stats. 1993, Ch. 714, Sec. 1. Effective January 1, 1994.)
  36. 31676.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this section apply to the county by majority vote, and the change takes effect on the first day of the next 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.1. This section may be made applicable in any county 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. Notwithstanding any other provisions of this chapter the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-sixtieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age of Retirement Fraction 50 ........................ .7091 50¼ ........................ .7183 50½ ........................ .7274 50¾ ........................ .7366 51 ........................ .7457 51¼ ........................ .7547 51½ ........................ .7637 51¾ ........................ .7726 52 ........................ .7816 52¼ ........................ .7907 52½ ........................ .7999 52¾ ........................ .8090 53 ........................ .8181 53¼ ........................ .8275 53½ ........................ .8369 53¾ ........................ .8462 54 ........................ .8556 54¼ ........................ .8656 54½ ........................ .8755 54¾ ........................ .8855 55 ........................ .8954 55¼ ........................ .9061 55½ ........................ .9168 55¾ ........................ .9275 56 ........................ .9382 56¼ ........................ .9498 56½ ........................ .9614 56¾ ........................ .9730 57 ........................ .9846 57¼ ........................ .9972 57½ ........................ 1.0098 57¾ ........................ 1.0224 58 ........................ 1.0350 58¼ ........................ 1.0487 58½ ........................ 1.0625 58¾ ........................ 1.0762 59 ........................ 1.0899 59¼ ........................ 1.1049 59½ ........................ 1.1199 59¾ ........................ 1.1349 60 ........................ 1.1500 60¼ ........................ 1.1611 60½ ........................ 1.1723 60¾ ........................ 1.1835 61 ........................ 1.1947 61¼ ........................ 1.2097 61½ ........................ 1.2247 61¾ ........................ 1.2398 62 ........................ 1.2548 62¼ ........................ 1.2707 62½ ........................ 1.2867 62¾ ........................ 1.3026 63 ........................ 1.3186 63¼ ........................ 1.3355 63½ ........................ 1.3525 63¾ ........................ 1.3695 64 ........................ 1.3865 64¼ ........................ 1.4047 64½ ........................ 1.4229 64¾ ........................ 1.4411 65 and over ........................ 1.4593 The fractions herein set forth shall be used until adjusted by each board for its retirement system in accordance with the interest and mortality tables adopted by each such board with respect to its retirement system. In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. (Amended by Stats. 1976, Ch. 1436.)
  37. 31676.11.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may adopt a resolution to make this section applicable in the county starting the first day of the next 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.11. This section may be made applicable in any county 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. Notwithstanding any other provisions of this chapter the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-sixtieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ .7454 50¼ ........................ .7561 50½ ........................ .7668 50¾ ........................ .7775 51 ........................ .7882 51¼ ........................ .7998 51½ ........................ .8114 51¾ ........................ .8230 52 ........................ .8346 52¼ ........................ .8472 52½ ........................ .8598 52¾ ........................ .8724 53 ........................ .8850 53¼ ........................ .8987 53½ ........................ .9125 53¾ ........................ .9262 54 ........................ .9399 54¼ ........................ .9549 54½ ........................ .9699 54¾ ........................ .9849 55 ........................ 1.0000 55¼ ........................ 1.0111 55½ ........................ 1.0223 55¾ ........................ 1.0335 56 ........................ 1.0447 56¼ ........................ 1.0597 56½ ........................ 1.0747 56¾ ........................ 1.0898 57 ........................ 1.1048 57¼ ........................ 1.1207 57½ ........................ 1.1367 57¾ ........................ 1.1526 58 ........................ 1.1686 58¼ ........................ 1.1855 58½ ........................ 1.2025 58¾ ........................ 1.2195 59 ........................ 1.2365 59¼ ........................ 1.2547 59½ ........................ 1.2729 59¾ ........................ 1.2911 60 ........................ 1.3093 60¼ ........................ 1.3221 60½ ........................ 1.3350 60¾ ........................ 1.3479 61 ........................ 1.3608 61¼ ........................ 1.3736 61½ ........................ 1.3865 61¾ ........................ 1.3994 62 ........................ 1.4123 62¼ ........................ 1.4251 62½ ........................ 1.4380 62¾ ........................ 1.4509 63 ........................ 1.4638 63¼ ........................ 1.4766 63½ ........................ 1.4895 63¾ ........................ 1.5024 64 ........................ 1.5153 64¼ ........................ 1.5281 64½ ........................ 1.5410 64¾ ........................ 1.5539 65 ........................ 1.5668 In any county operating under this section any limitations in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. (Amended by Stats. 1976, Ch. 1436.)
  38. 31676.12.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this retirement section apply in the county by majority-vote resolution, and if it does, the section applies starting the first day of the next 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.12. This section may be made applicable in any county 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. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ .6681 50¼ ........................ .6775 50½ ........................ .6869 50¾ ........................ .6962 51 ........................ .7056 51¼ ........................ .7156 51½ ........................ .7255 51¾ ........................ .7355 52 ........................ .7454 52¼ ........................ .7561 52½ ........................ .7668 52¾ ........................ .7775 53 ........................ .7882 53¼ ........................ .7998 53½ ........................ .8114 53¾ ........................ .8230 54 ........................ .8346 54¼ ........................ .8472 54½ ........................ .8598 54¾ ........................ .8724 55 ........................ .8850 55¼ ........................ .8987 55½ ........................ .9125 55¾ ........................ .9262 56 ........................ .9399 56¼ ........................ .9549 56½ ........................ .9699 56¾ ........................ .9849 57 ........................ 1.0000 57¼ ........................ 1.0111 57½ ........................ 1.0223 57¾ ........................ 1.0335 58 ........................ 1.0447 58¼ ........................ 1.0597 58½ ........................ 1.0747 58¾ ........................ 1.0898 59 ........................ 1.1048 59¼ ........................ 1.1207 59½ ........................ 1.1367 59¾ ........................ 1.1526 60 ........................ 1.1686 60¼ ........................ 1.1855 60½ ........................ 1.2025 60¾ ........................ 1.2195 61 ........................ 1.2365 61¼ ........................ 1.2547 61½ ........................ 1.2729 61¾ ........................ 1.2911 62 and over ........................ 1.3093 In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Whenever in this chapter reference is made to survivorship and other benefits and rights under Section 31676.1, the same shall apply to this section. (Amended by Stats. 1976, Ch. 1436.)
  39. 31676.13.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section sets the formula and age-based table for calculating a county member’s current service pension, and says the total retirement allowance cannot exceed final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.13. Notwithstanding any other provisions of this chapter the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-sixtieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age of Retirement Fraction 50 ........................ .8181 50¼ ........................ .8275 50½ ........................ .8369 50¾ ........................ .8462 51 ........................ .8556 51¼ ........................ .8656 51½ ........................ .8755 51¾ ........................ .8855 52 ........................ .8954 52¼ ........................ .9061 52½ ........................ .9168 52¾ ........................ .9275 53 ........................ .9382 53¼ ........................ .9498 53½ ........................ .9614 53¾ ........................ .9730 54 ........................ .9846 54¼ ........................ .9972 54½ ........................ 1.0098 54¾ ........................ 1.0224 55 ........................ 1.0350 55¼ ........................ 1.0487 55½ ........................ 1.0625 55¾ ........................ 1.0762 56 ........................ 1.0899 56¼ ........................ 1.1049 56½ ........................ 1.1199 56¾ ........................ 1.1349 57 ........................ 1.1500 57¼ ........................ 1.1611 57½ ........................ 1.1723 57¾ ........................ 1.1835 58 ........................ 1.1947 58¼ ........................ 1.2097 58½ ........................ 1.2247 58¾ ........................ 1.2398 59 ........................ 1.2548 59¼ ........................ 1.2707 59½ ........................ 1.2867 59¾ ........................ 1.3026 60 ........................ 1.3186 60¼ ........................ 1.3355 60½ ........................ 1.3525 60¾ ........................ 1.3695 61 ........................ 1.3865 61¼ ........................ 1.4047 61½ ........................ 1.4229 61¾ ........................ 1.4411 62 and over ........................ 1.4593 The fractions herein set forth shall be used until adjusted by each board for its retirement system in accordance with the interest and mortality tables adopted by each such board with respect to its retirement system. In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. This section shall not be operative in any county until adopted by a resolution of the board of supervisors. Whenever in this chapter reference is made to the survivorship and other benefits and rights under Section 31676.1, the same shall apply to this section. (Amended by Stats. 1976, Ch. 1436.)
  40. 31676.14.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section sets a retirement allowance formula for county or district members based on age, years of service, and final compensation, and caps the total allowance at final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.14. Notwithstanding any other provisions of this chapter the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-sixtieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ .8850 50¼ ........................ .8987 50½ ........................ .9125 50¾ ........................ .9262 51 ........................ .9399 51¼ ........................ .9549 51½ ........................ .9699 51¾ ........................ .9849 52 ........................ 1.0000 52¼ ........................ 1.0111 52½ ........................ 1.0223 52¾ ........................ 1.0335 53 ........................ 1.0447 53¼ ........................ 1.0597 53½ ........................ 1.0747 53¾ ........................ 1.0898 54 ........................ 1.1048 54¼ ........................ 1.1207 54½ ........................ 1.1367 54¾ ........................ 1.1526 55 ........................ 1.1686 55¼ ........................ 1.1855 55½ ........................ 1.2025 55¾ ........................ 1.2195 56 ........................ 1.2365 56¼ ........................ 1.2547 56½ ........................ 1.2729 56¾ ........................ 1.2911 57 ........................ 1.3093 57¼ ........................ 1.3221 57½ ........................ 1.3350 57¾ ........................ 1.3479 58 ........................ 1.3608 58¼ ........................ 1.3736 58½ ........................ 1.3865 58¾ ........................ 1.3994 59 ........................ 1.4123 59¼ ........................ 1.4251 59½ ........................ 1.4380 59¾ ........................ 1.4509 60 ........................ 1.4638 60¼ ........................ 1.4766 60½ ........................ 1.4895 60¾ ........................ 1.5024 61 ........................ 1.5153 61¼ ........................ 1.5281 61½ ........................ 1.5410 61¾ ........................ 1.5539 62 and over ........................ 1.5668 In any county operating under this section any limitations in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. This section shall not be operative in any county until adopted by a resolution of the board of supervisors. (Amended by Stats. 1976, Ch. 1436.)
  41. 31676.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section can be made applicable in a county if the stated voting and resolution conditions are met, and in a county of the 12th Class the board of supervisors may adopt a resolution under a broader exception.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.15. (a) Except as provided in subdivision (d), this section may be made applicable in any county which has implemented the provisions of Article 15.6 (commencing with Section 31855). This section shall be applicable if a majority of all the members of the board of supervisors vote to adopt a resolution so to do and a majority of the members of the affected class or classes voting at an election held during 1974, with more than 50 percent of the members participating, favor the termination of retirement benefits under social security. The resolution may specify a date subsequent to the date of adoption of the resolution as the operative date for this section. (b) (1) Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ .7454 50¼ ........................ .7561 50½ ........................ .7668 50¾ ........................ .7775 51 ........................ .7882 51¼ ........................ .7998 51½ ........................ .8114 51¾ ........................ .8230 52 ........................ .8346 52¼ ........................ .8472 52½ ........................ .8598 52¾ ........................ .8724 53 ........................ .8850 53¼ ........................ .8987 53½ ........................ .9125 53¾ ........................ .9262 54 ........................ .9399 54¼ ........................ .9549 54½ ........................ .9699 54¾ ........................ .9849 55 ........................ 1.0000 55¼ ........................ 1.0111 55½ ........................ 1.0223 55¾ ........................ 1.0335 56 ........................ 1.0447 56¼ ........................ 1.0597 56½ ........................ 1.0747 56¾ ........................ 1.0898 57 ........................ 1.1048 57¼ ........................ 1.1207 57½ ........................ 1.1367 57¾ ........................ 1.1526 58 ........................ 1.1686 58¼ ........................ 1.1855 58½ ........................ 1.2025 58¾ ........................ 1.2195 59 ........................ 1.2365 59¼ ........................ 1.2547 59½ ........................ 1.2729 59¾ ........................ 1.2911 60 ........................ 1.3093 60¼ ........................ 1.3221 60½ ........................ 1.3350 60¾ ........................ 1.3479 61 ........................ 1.3608 61¼ ........................ 1.3736 61½ ........................ 1.3865 61¾ ........................ 1.3994 62 ........................ 1.4123 62¼ ........................ 1.4251 62½ ........................ 1.4380 62¾ ........................ 1.4509 63 ........................ 1.4638 63¼ ........................ 1.4766 63½ ........................ 1.4895 63¾ ........................ 1.5024 64 ........................ 1.5153 64¼ ........................ 1.5281 64½ ........................ 1.5410 64¾ ........................ 1.5539 65 ........................ 1.5668 (2) In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. (c) Whenever in this chapter reference is made to survivorship and other benefits and rights under Section 31676.1, the same shall apply to this section. (d) Notwithstanding the requirements of subdivision (a), the provisions of this section shall be applicable in a county of the 12th Class, as described in Sections 28020 and 28033, after the board of supervisors of the county adopts a resolution to do so. The provisions adopted pursuant to this subdivision may be made applicable without regard to the requirement of implementing Article 15.6 (commencing with Section 31855) or the requirement of terminating benefits under social security. The provisions adopted pursuant to this subdivision shall apply only to either of the following: (1) Members first hired by the county on and after the date this section becomes operative in the county. (2) Members represented by Service Employees International Union Local 521 whose retirement benefits were established pursuant to Section 31676.16 prior to the date this section becomes operative in the county. (Amended by Stats. 2007, Ch. 86, Sec. 2. Effective July 17, 2007.)
  42. 31676.16.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this section apply in the county by majority resolution, after which it takes effect on the first day of the next month. The section also sets a pension calculation table and says the total retirement allowance cannot exceed the member’s final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.16. This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ 0.713 50¼ ........................ 0.725 50½ ........................ 0.737 50¾ ........................ 0.749 51 ........................ 0.761 51¼ ........................ 0.775 51½ ........................ 0.788 51¾ ........................ 0.801 52 ........................ 0.814 52¼ ........................ 0.828 52½ ........................ 0.843 52¾ ........................ 0.857 53 ........................ 0.871 53¼ ........................ 0.886 53½ ........................ 0.902 53¾ ........................ 0.917 54 ........................ 0.933 54¼ ........................ 0.950 54½ ........................ 0.966 54¾ ........................ 0.983 55 ........................ 1.000 55¼ ........................ 1.007 55½ ........................ 1.013 55¾ ........................ 1.020 56 ........................ 1.026 56¼ ........................ 1.033 56½ ........................ 1.039 56¾ ........................ 1.046 57 ........................ 1.052 57¼ ........................ 1.059 57½ ........................ 1.065 57¾ ........................ 1.072 58 ........................ 1.078 58¼ ........................ 1.085 58 ½ ........................ 1.091 58 ¾ ........................ 1.098 59 ........................ 1.105 59¼ ........................ 1.111 59½ ........................ 1.118 59¾ ........................ 1.124 60 ........................ 1.131 60¼ ........................ 1.137 60½ ........................ 1.144 60¾ ........................ 1.150 61 ........................ 1.157 61¼ ........................ 1.163 61½ ........................ 1.170 61¾ ........................ 1.176 62 ........................ 1.183 62¼ ........................ 1.189 62½ ........................ 1.196 62¾ ........................ 1.202 63 and over ........................ 1.209 The fractions herein set forth shall be used until adjusted by each board for its retirement system in accordance with the interest and mortality tables adopted by each board with respect to its retirement system. In any county operating under this section any limitation in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. (Added by Stats. 2000, Ch. 882, Sec. 3. Effective January 1, 2001.)
  43. 31676.17.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this section apply in the county by adopting a majority-vote resolution; once operative, it applies to county members employed on or after that date and limits the total retirement allowance to the member’s final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.17. This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation: Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0125 50½ ........................ 1.0250 50¾ ........................ 1.0375 51 ........................ 1.0500 51¼ ........................ 1.0625 51½ ........................ 1.0750 51¾ ........................ 1.0875 52 ........................ 1.1000 52¼ ........................ 1.1125 52½ ........................ 1.1250 52¾ ........................ 1.1375 53 ........................ 1.1500 53¼ ........................ 1.1625 53½ ........................ 1.1750 53¾ ........................ 1.1875 54 ........................ 1.2000 54¼ ........................ 1.2125 54½ ........................ 1.2250 54¾ ........................ 1.2375 55 ........................ 1.2500 55¼ ........................ 1.2625 55½ ........................ 1.2750 55¾ ........................ 1.2875 56 ........................ 1.3000 56¼ ........................ 1.3125 56½ ........................ 1.3250 56¾ ........................ 1.3375 57 ........................ 1.3500 57¼ ........................ 1.3625 57½ ........................ 1.3750 57¾ ........................ 1.3875 58 ........................ 1.4000 58¼ ........................ 1.4125 58½ ........................ 1.4250 58¾ ........................ 1.4375 59 ........................ 1.4500 59¼ ........................ 1.4625 59½ ........................ 1.4750 59¾ ........................ 1.4875 60 and over ........................ 1.5000 In any county operating under this section, any limitations in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. This section shall apply to members employed by the county on or after the date this section becomes operative in the county. (Amended by Stats. 2002, Ch. 664, Sec. 116. Effective January 1, 2003.)
  44. 31676.18.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this section applicable in the county by majority-vote resolution, and the section then applies to county employees hired on or after its operative 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.18. This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation. Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0125 50½ ........................ 1.0250 50¾ ........................ 1.0375 51 ........................ 1.0500 51¼ ........................ 1.0625 51½ ........................ 1.0750 51¾ ........................ 1.0875 52 ........................ 1.1000 52¼ ........................ 1.1125 52½ ........................ 1.1250 52¾ ........................ 1.1375 53 ........................ 1.1500 53¼ ........................ 1.1625 53½ ........................ 1.1750 53¾ ........................ 1.1875 54 ........................ 1.2000 54¼ ........................ 1.2125 54½ ........................ 1.2250 54¾ ........................ 1.2375 55 and over ........................ 1.2500 In any county operating under this section, any limitations in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. This section shall apply to members employed by the county on or after the date this section becomes operative in the county. (Added by Stats. 2001, Ch. 782, Sec. 8. Effective January 1, 2002.)
  45. 31676.19.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may make this retirement section applicable in the county by majority vote; once operative, it applies to county members employed on or after that 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.19. This section may be made applicable in any county on the first day of the month after the board of supervisors of the county adopts, by majority vote, a resolution providing that this section shall become applicable in the county. Notwithstanding any other provisions of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contributions of the county or district sufficient, when added to the service retirement annuity, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table multiplied by the number of years of current service or years of current and prior service with which the member is entitled to be credited at retirement, but in no event shall the total retirement allowance exceed the member’s final compensation: Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0175 50½ ........................ 1.0350 50¾ ........................ 1.0525 51 ........................ 1.0700 51¼ ........................ 1.0875 51½ ........................ 1.1050 51¾ ........................ 1.1225 52 ........................ 1.1400 52¼ ........................ 1.1575 52½ ........................ 1.1750 52¾ ........................ 1.1925 53 ........................ 1.2100 53¼ ........................ 1.2275 53½ ........................ 1.2450 53¾ ........................ 1.2625 54 ........................ 1.2800 54¼ ........................ 1.2975 54½ ........................ 1.3150 54¾ ........................ 1.3325 55 and over ........................ 1.3500 In any county operating under this section, any limitations in any provisions of this chapter upon the amount of compensation used for computing rates of contributions shall be disregarded. Wherever in this chapter reference is made to survivorship benefits and rights under Section 31676.1, the same shall apply to this section. This section shall apply to members employed by the county on or after the date this section becomes operative in the county. (Amended by Stats. 2002, Ch. 664, Sec. 117. Effective January 1, 2003.)
  46. 31676.3.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member can get no credit for prior service after June 30, 1921 unless they file a written election with the board within 90 days after the section’s effective date and pay $6 per month for that 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.3. This section shall apply only to counties coming under the provisions of Section 31676.1 prior to January 1, 1953. A member shall receive no credit for prior service subsequent to June 30, 1921, in calculating a retirement allowance pursuant to Section 31676.1 unless, within 90 days after the effective date of this section, he files with the board his written election to pay into the retirement fund six dollars ($6) for each month of prior service subsequent to June 30, 1921, for which he claims credit, and unless he makes such payments as provided in this article. (Amended by Stats. 1953, Ch. 992.)
  47. 31676.56.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement member with more than 30 years of service may choose in writing, within 90 days after the amendment takes effect, not to come under Section 31676.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.56. In any county coming under the provisions of Section 31676.1 subsequent to January 1, 1953, any member having in excess of 30 years of service may within 90 days from the effective date of this amendment elect in writing not to come under the provisions of Section 31676.1. (Added by Stats. 1953, Ch. 992.)
  48. 31676.6.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section applies only to certain counties, and qualifying members must pay any amount due through additional salary deductions of at least $6 per month 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.6. This section shall apply only to counties coming under the provisions of Section 31676.1 prior to January 1, 1953. If a member files an election pursuant to Section 31676.3 and does not file an election pursuant to Section 31676.4, and either he has no accumulated additional contributions to his credit or the accumulated contributions to his credit are less than payments due for credit for prior service subsequent to June 30, 1921, the amount due or balance thereof shall be paid by additional salary deductions in the amounts specified by the member but in no case less than six dollars ($6) per month. The total amount due shall be paid prior to the effective date of his retirement. (Amended by Stats. 1953, Ch. 992.)
  49. 31676.9.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section sets how the prior service pension is calculated for eligible members in certain 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.9. In every county in which a retirement system was established prior to January 1, 1952, the prior service pension is an additional pension for members purchased by the county or district, equal to one-sixtieth of the average annual compensation earnable by him during any three years of service elected by the member at or before the time he files an application for retirement, or, if he fails to elect, during the three years immediately preceding his retirement, multiplied by the number of years of prior service credited to him. (Amended by Stats. 1953, Ch. 929.)
  50. 31676.95.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, qualifying pensions for members retired because of compulsory retirement age are increased and recalculated under this section, using current interest rates and mortality tables.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.95. In every county coming under the provisions of Section 31676.1 subsequent to January 1, 1953, every current service pension and prior service pension payable for time commencing on the effective date of this section to any member who was retired prior to said effective date by reason of having attained the age of compulsory retirement, is hereby increased to the amount it would be if the provisions of this chapter, including Sections 31676.1 and 31760.1, as they existed on the date that Section 31676.1 became applicable to the members’ retirement system, had been in effect on the date of the actual retirement of the member; but this section does not authorize any decrease in any such pension, nor does this section give any such retired member, or his successors in interest, any claim against the county or district for any increase in any pension paid or payable for time prior to its effective date. Calculations of pensions under this section shall be made on the basis of current interest rate and mortality tables. This section shall not apply to any retirement system established under the provisions of this chapter, nor to the members or retired members of any such system unless and until the governing board of the county or district covered by such retirement system elects to be subject to the provisions of this section in the manner provided by Article 2 of this chapter with respect to the establishment of a retirement system hereunder; except that an election among the employees is not required. (Added by Stats. 1955, Ch. 1900.)
  51. 31676.96.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section increases certain pensions for eligible retired members in covered counties, and limits how the increase is calculated and when the section applies.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.96. In every county coming under the provisions of Section 31676.1, every current service pension and prior service pension payable for the time commencing on the first day of the month after the effective date of this section to any member who was retired prior to such effective date is hereby increased to the amount it would be if the provisions of this chapter, including Section 31676.1, as they exist on the effective date of this section had been in effect on the date of the actual retirement of the member, but this section does not authorize any decrease in any such pension, nor does this section give any such retired member, or his successors in interest, any claim against the county or district for any increase in any pension paid or payable for time prior to its effective date. Calculations of pensions under this section shall be made on the basis of current interest rate and mortality tables. This section shall not apply to any retirement system established under the provisions of this chapter, nor to the members or retired members of any such system unless and until the governing board of the county or district covered by such retirement system elects to be subject to the provisions of this section in the manner provided by Article 2 (commencing with Section 31500) of this chapter with respect to the establishment of a retirement system hereunder, except that an election among the employees is not required. (Added by Stats. 1967, Ch. 959.)
  52. 31676.97.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    For certain county retirement cases, current service and prior service pensions are increased to a recalculated amount, and pensions may not be reduced.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.97. In every county coming under the provisions of Section 31676.1 subsequent to January 1, 1964, and prior to October 1, 1964, every current service pension and prior service pension payable for time commencing October 1, 1965, is hereby increased to the amount it would be if the provisions of this chapter, including Sections 31676.1 and 31760.1, as they existed on the date that Section 31676.1 became applicable to the members’ retirement system, had been in effect on the date of the actual retirement of the member; but this section does not authorize any decrease in any such pension, nor does this section give any such retired member, or his successors in interest, any claim against the county or district for any increase in any pension paid or payable for time prior to October 1, 1965. Calculations of pensions under this section shall be made on the basis of current interest rate and mortality tables. (Added by Stats. 1965, Ch. 557.)
  53. 31676.98.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district may extend Section 31676.1 retirement benefits to certain living retirees, but not to deceased members’ beneficiaries, and it must adjust contribution rates or other funding measures to pay for the 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31676.98. Any county under the provisions of Section 31676.1, on the effective date of this section, whose retired employees were not included in the benefits of Section 31676.1 on the date the county or district adopted the provisions of Section 31676.1, may now include under Section 31676.1 all retirees who retired during the period of time from the establishment of such retirement system and the date such county or district passed a resolution bringing the county or district under the provisions of Section 31676.1, subject to the following conditions: (a) The benefits of this section shall not apply to any beneficiary or successor in interest of any deceased member and shall apply only to the living retired members on the date such section is adopted by resolution of the county or district. (b) No increases, cost of living adjustments or grants to such retired members shall be considered in the calculations of the retirement allowance, and only such pensions received by the retired members, computed at the date of the original retirement of the members shall be used in the computation of any such benefits. All living retired members shall have their benefits computed as general members. Calculations shall be made on the basis of current interest rates and mortality tables. (c) This section shall not decrease any such pension or retirement allowance, nor shall this section give any such retired members or their beneficiary or successor in interest, any claim against the county or district for any increases in pension or retirement allowance paid or payable for the time prior to the effective date of this section. (d) This section shall not apply to any retirement system established under the provisions of this chapter, nor to the members or retired members of such system unless and until the governing board of the county or district, adopts by majority vote, a resolution providing that this section shall become applicable in such county or district. Upon adoption the effective date shall be the first of the month following such date of adoption. A county or district upon the adoption of the benefits prescribed by this section shall determine and shall prescribe increases in employer or member rates of contribution or make such other adjustments as it deems appropriate to fully fund such benefits on a sound actuarial basis. (Added by Stats. 1977, Ch. 583.)
  54. 31677.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member retires for service before age 60, the prior service pension is reduced.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31677. If a member retires for service before attaining age 60, the prior service pension shall be reduced to that amount which the value of the pensions as deferred to age 60 will purchase at the actual age of retirement. (Amended by Stats. 1947, Ch. 348.)
  55. 31678.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county retirement members must have their retirement allowance calculated only for the time each listed section was actually in effect in the county.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678. Notwithstanding any other provision of this chapter, any member of a retirement association established in any county pursuant to this chapter, who upon retirement receives a retirement allowance calculated in accordance with Sections 31676.1, 31676.11, 31676.12, 31676.13, 31676.14, and 31676.15, shall have his or her retirement allowance calculated under each such section only for the period of time that the section was effective in the county. The Legislature recognizes that counties subject to this chapter may adopt two or more of the enumerated retirement allowance calculation sections when changing from a section providing a lesser allowance to a section providing a larger allowance and thereby creates a windfall for a person who retires immediately after the adoption of a section providing the larger allowance because the retirement allowance is calculated as if the section had been in effect during the entire career of the member. The purpose of this section is to prevent this practice. This section shall apply only to persons who become members of the retirement system after January 1, 1981. (Added by Stats. 1980, Ch. 720.)
  56. 31678.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section applies only in a 14th-class county, only after a board of supervisors resolution makes it operative there, and only for members tied to the specified January 1, 1994 dates.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678.1. (a) In a county of the 14th class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28035, as amended by Chapter 1204 of the Statutes of 1971, Section 31678 shall only be applicable to persons who first became members of the retirement system on and after January 1, 1994. (b) This section shall not be operative in that county until the board of supervisors, by resolution, adopted by a majority vote, makes this section applicable in that county. (c) Notwithstanding any other provision of law, this section shall only apply to members who retire on or after January 1, 1994. (Amended by Stats. 1999, Ch. 42, Sec. 1. Effective January 1, 2000.)
  57. 31678.2.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A board of supervisors or district governing body may adopt a resolution to apply retirement-benefit formulas to past service credit and may, if a memorandum of understanding approves it, require members to pay some or all related 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678.2. (a) Notwithstanding Section 31678 or any other provision of this chapter, a board of supervisors or a governing body of a district may, by resolution adopted by majority vote, make any section of this chapter prescribing a formula for calculation of retirement benefits applicable to service credit earned on and after the date specified in the resolution, which date may be earlier than the date the resolution is adopted. (b) A resolution adopted pursuant to this section may, if approved in a memorandum of understanding executed by the board of supervisors and the employee representatives, require members to pay all or part of the contributions by a member or employer, or both, that would have been required if the section or sections specified in subdivision (a), as adopted by the board or governing body, had been in effect during the period of time designated in the resolution. The payment by a member shall become part of the accumulated contributions of the member. (c) This section shall only be applicable to members who retire on or after the effective date of the resolution described in subdivision (a). (d) On or after January 1, 2013, this section is inoperative pursuant to Section 7522.44. (Amended by Stats. 2013, Ch. 247, Sec. 34. (AB 1380) Effective January 1, 2014. Inoperative as provided in subd. (d).)
  58. 31678.3.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The section lets a district or county retirement board adopt certain retirement-benefit formulas by majority-vote resolution, and it bars unilateral implementation of a retirement formula for bargaining units.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678.3. (a) Notwithstanding any other provision of this chapter, a resolution adopted by a board of supervisors to make any formula for calculation of retirement benefits described in this section applicable to the employees of the county does not apply to make that formula applicable to the employees of any district within the county. The governing body of a district may elect, by resolution adopted by majority vote, to make any formula for calculation of retirement benefits described in this section applicable to the employees of the district irrespective of whether the board of supervisors has made that election with respect to employees of the county. (b) Notwithstanding any other provision of this chapter, the board of supervisors or the governing body of a district may, by resolution adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 2), do any or all of the following: (1) Apply Section 31621.8, 31676.17, 31676.18, or 31676.19 for the calculation of retirement benefits for general members to the employees in a bargaining unit comprised of general members. (2) Apply Section 31664.1 for the calculation of retirement benefits for safety members to the employees in a bargaining unit comprised of safety members. (3) Apply Section 31664 for the calculation of retirement benefits for safety members to the employees of the Probation Services Unit and the Probation Supervisory Management Unit. (c) Any nonrepresented employees within similar job classifications as employees in a bargaining unit described in subdivision (b) or supervisors and managers thereof shall be subject to the same formula for the calculation of retirement benefits applicable to the employees in that bargaining unit. (d) A resolution adopted pursuant to subdivision (b) may require members to pay a portion of the contributions attributable to past service liability, that would have been required if the benefits specified in the resolution, as adopted by the board of supervisors or the governing body of the district, had been in effect during the period of time designated in the resolution. Any payments required of represented employees shall first be approved in a memorandum of understanding made under the Meyers-Milias-Brown Act and executed by the board of supervisors or the governing body of the district and the employee representatives. The contributions paid by a member pursuant to this subdivision shall become part of the accumulated contributions of the member. (e) This section shall only be applicable to members who retire on or after the effective date of the resolution described in subdivision (b). (f) The board of supervisors or the governing body of a district may not unilaterally implement a retirement formula for any of its bargaining units. (g) This section shall apply only in Orange County. (h) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2013, Ch. 247, Sec. 35. (AB 1380) Effective January 1, 2014.)
  59. 31678.31.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    Local county or district officials may require certain employees to choose between two pension calculations, and employees must make the required 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678.31. (a) Notwithstanding any other provision of this chapter, the board of supervisors or the governing body of a district within the county may, by resolution adopted by majority vote, do the following: (1) Require an employee hired after approval of the resolution, to elect in writing, either the pension calculation stated in Section 31676.19 or the pension calculation stated in Section 31676.01. The election shall be made within 45 calendar days of beginning employment with the county or the district. If an employee does not elect the pension calculation stated in Section 31676.19 within 45 days of beginning employment, the employee shall be deemed to have elected the pension calculation stated in Section 31676.01. An employee shall not be permitted to rescind his or her election unless the board of supervisors or the governing body of a district, through the adoption of a subsequent ordinance or resolution by majority vote, makes a provision permitting the employee to rescind the election applicable to the county or district. (2) Require a current employee of the county or district covered by the pension calculation stated in Section 31676.19, hired before approval of the resolution, within 180 calendar days of approval of the resolution to make, at the employee’s option, a one-time written election to terminate the application of the pension calculation stated in Section 31676.19 for future service and elect instead the pension calculation stated in Section 31676.01 for future service. This election shall be signed by the employee. Prior to signing an election, a current employee who chooses to terminate the pension calculation stated in Section 31676.19 and elects instead the pension calculation stated in Section 31676.01, shall be provided by the county or district governing body with a written explanation of the effect and impact of the termination. A current employee who chooses to terminate the pension calculation stated in Section 31676.19 shall be required to sign an affidavit stating that the employee has been fully informed regarding the effect of the termination and understands that the termination is irrevocable. The affidavit shall also state that the employee has chosen termination of his or her own free will and was not coerced into termination by the employer or any other person. An employee shall not be permitted to rescind his or her election unless the board of supervisors or the governing body of a district, through the adoption of a subsequent ordinance or resolution by majority vote, makes a provision permitting the employee to rescind the election applicable to the county or district. (3) Require a current employee of the county or district, hired before approval of the resolution, but not covered by the pension calculation stated in Section 31676.19, who after approval of the resolution becomes eligible for the pension calculation stated in Section 31676.19, to make a one-time written election between the pension calculation stated in Section 31676.19 for future service and the pension calculation stated in Section 31676.01 for future service. The election shall be made within 45 calendar days of becoming eligible for the pension calculation stated in Section 31676.19. The election shall be signed by the employee. Prior to signing the election, an employee who does not elect the pension calculation stated in Section 31676.19 and elects instead the pension calculation stated in Section 31676.01 shall be provided by the county or the district governing body with a written explanation of the effect and impact of the election. An employee who does not choose the pension calculation stated in Section 31676.19 shall be required to sign an affidavit stating that the employee has been fully informed regarding the effect of the election and understands that the election is irrevocable. The affidavit shall also state that the employee has chosen the election of his or her own free will and was not coerced into the election by the employer or any other person. An employee shall not be permitted to rescind his or her election unless the board of supervisors or the governing body of a district, through the adoption of a subsequent ordinance or resolution by majority vote, makes a provision permitting the employee to rescind the election applicable to the county or district. Failure to make an election within 45 calendar days shall be considered cause for termination of employment until the employee described in this paragraph has made the required election. (b) The retirement allowance for service rendered prior to the effective date of the election under paragraph (2) or (3) of subdivision (a) for an employee covered by any other pension calculation shall be calculated under the employee’s prior pension calculation. Any employee who has made an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions pursuant to the election applicable at the date of retirement. (c) (1) An election for the pension calculation stated in Section 31676.01 by any employee hired before approval of the resolution shall include the signature of the designated beneficiary of the employee’s pension acknowledging the election, or shall include a written declaration of one or more of the following as may be applicable: (A) The beneficiary has no identifiable community property interest in the benefit. (B) The employee does not know, and has taken all reasonable steps to determine, the whereabouts of the beneficiary. (C) The beneficiary has been advised of the election and has refused to sign the written acknowledgment. (D) The beneficiary is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (2) The purpose of this subdivision is to notify the beneficiary, including the employee’s spouse or domestic partner, of an election made by the employee that may affect the entitlement of the beneficiary. In addition to the foregoing, if the designated beneficiary of an employee’s pension is a spouse or domestic partner of the employee, the election shall also evidence agreement to the election by the spouse or domestic partner. (3) A person who knowingly provides false information in the written declaration submitted pursuant to paragraph (1) shall be subject to a civil penalty of not less than one thousand dollars ($1,000) and not more than twenty-five thousand dollars ($25,000), in addition to any civil remedies available to the board. An action to impose a civil penalty pursuant to this paragraph may be brought by any public prosecutor in the name of the people of the state. (d) In the event the employee elects the pension calculation stated in Section 31676.01, the employee shall be eligible to receive a contribution from the county or district based on the employee’s contribution to a defined contribution program. (e) In addition to employees represented by bargaining units, any other employees not represented by a bargaining unit, as well as supervisors, managers, and executives, may be subject to subdivision (a) pursuant to the resolution described in subdivision (a). (f) This section shall apply only to members who retire on or after the effective date of the resolution described in subdivision (a). (g) This section shall not apply to safety members. (h) A resolution adopted by the board of supervisors under subdivision (a) shall not apply to the employees of any district within the county. The governing body of a district may elect, by resolution adopted by majority vote, to make this section applicable to the employees of the district irrespective of whether the board of supervisors has made that election applicable to employees in the county. (i) A resolution adopted pursuant to this section may require any member that elects or is deemed to have elected the pension calculation stated in Section 31676.01 to pay additional member contributions beyond those member contributions required under Section 31621. These additional contributions shall not result in an additional benefit to the member. However, the additional contributions paid by a member pursuant to the authority granted by this subdivision shall become part of the accumulated contributions of the member for the following purposes only: (1) Funding the annuity portion of the member’s retirement allowance. (2) Withdrawal of contributions by the member upon the member’s withdrawal from, and termination of membership in, the retirement system. (j) Any person employed subsequent to the effective date of a resolution adopted under subdivision (a) who would otherwise qualify as a member shall not become a member until he or she certifies his or her election, or otherwise as described above has been deemed to have elected, to be covered by the pension calculation stated in Section 31676.01 or the pension calculation stated in Section 31676.19. Once the election is made or is deemed to have been made, the employee will become a member retroactive to the date of hire. Any employee who subsequently otherwise becomes eligible for the pension calculation stated in Section 31676.19 subsequent to the effective date of a resolution adopted under subdivision (a) shall continue to be covered by any immediately preceding retirement plan to which he or she was entitled from the county or district until he or she certifies his or her election to be covered by the pension calculation stated in Section 31676.01 or the pension calculation stated in Section 31676.19. (k) In the event that the final day to make an election or perform an act described in this section falls on a weekend or on a county or district holiday, a subsequent election or act shall be timely if made or performed on the immediately following regular business day of the county or district. (l) This section shall apply only in Orange County. (m) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2013, Ch. 247, Sec. 36. (AB 1380) Effective January 1, 2014.)
  60. 31678.4.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A district’s governing body may not adopt a retirement-benefit formula for certain district personnel unless the board of supervisors has made the same formula applicable to county retirement-system 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31678.4. The governing body of a district as defined in subdivision (l) of Section 31468 shall not elect to make a formula for the calculation of retirement benefits applicable to the personnel of the district appointed pursuant to Section 31522.5 who are employees of the retirement system unless the board of supervisors has made that formula applicable to personnel of that retirement system who are employees of the county. (Added by Stats. 2006, Ch. 369, Sec. 6. Effective January 1, 2007.)
  61. 31679.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    In qualifying county retirement systems, the county or district must add enough money to raise a member’s retirement allowance to $1,200 a year, 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31679. In every county in which a retirement system was established prior to January 1, 1953, if a member enters or has heretofore entered the retirement system with credit for prior service, and has heretofore retired or shall hereafter be retired after attaining the compulsory retirement age, or at age 65 with 20 years service, and his retirement allowance is less than one thousand two hundred dollars ($1,200) a year, exclusive of any annuity based on additional contributions, an additional amount purchased by contributions of the county or district shall be added to his combined annuity and pensions which will cause his total retirement allowance to amount to one thousand two hundred dollars ($1,200) a year, exclusive of any annuity based on additional contributions. (Amended by Stats. 1953, Ch. 929.)
  62. 31680.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A retired member generally cannot be paid for post-retirement service to the county or district, with listed 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680. (a) A member retired for service or disability shall not be paid for any service rendered by him or her to the county or district after the date of his or her retirement, except: (1) As specifically provided in this chapter. (2) Pursuant to Section 31733. (3) The county or district may pay and the retired member may receive: (A) Rewards for ideas or suggestions made by the retired member for the improvement of county or district activities. (B) Compensation for his or her services on the board. (4) If the member is subsequently elected to county office after retirement. (b) As herein used the term “services rendered” shall refer to service rendered as an officer or employee of the county or district and shall not refer to services performed by a retired officer or employee as an independent contractor engaged by a county or district under a bona fide contract for services within the purview of Section 31000 of this code. (c) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2013, Ch. 247, Sec. 37. (AB 1380) Effective January 1, 2014.)
  63. 31680.01.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    For Section 31680, service on the governing board of a qualifying joint county agency is not treated as county or district service if the retired employee’s county is a party to the agreement creating the agency.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.01. As used in Section 31680 service rendered as a member of a governing board of a joint agency created by two or more counties, under the authority of Chapter 5 (commencing with Section 6500) of Division 7, Title 1 of this code, shall not be deemed service rendered a county or district, provided that the county from whose service the employee was retired is a party to the agreement creating the joint agency. (Added by Stats. 1963, Ch. 1023.)
  64. 31680.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    Retired persons under this chapter may serve in certain public roles and may receive the fees for that 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.1. (a) Any person who has retired under this chapter may, without reinstatement from retirement or loss or interruption of benefits under this chapter, serve as a juror, election officer, field deputy for registration of voters, member of the board of the association or temporarily as a judge when assigned by the Chairman of the Judicial Council and receive any fees payable for that service. (b) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2013, Ch. 247, Sec. 38. (AB 1380) Effective January 1, 2014.)
  65. 31680.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    If a person retired after an involuntary termination is later reinstated by a final administrative or judicial proceeding, the person is restored as if retirement never happened, with repayment and contribution rules applying.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.10. (a) A person who has been retired under this chapter for service following an involuntary termination of their employment, and who is subsequently reinstated to that employment pursuant to an administrative or judicial proceeding that is final and not subject to appeal, shall be reinstated from retirement as if there were no intervening period of retirement. Except as provided in subdivision (b), the requirements of Sections 31680.4, 31680.5, and 31680.7 shall not apply to that reinstatement. (b) The allowance received by the person during retirement shall be repaid by the person to the retirement system from which they retired in accordance with the retirement system’s repayment policy. (1) Member contributions shall be made for any period for which salary is awarded in the administrative or judicial proceedings in the amount that would have been contributed had the member’s employment not been terminated, and the person shall receive credit for the period for which salary is awarded. If the person fails to repay the allowance received during retirement, then the person’s contributions and allowance upon retirement subsequent to reinstatement shall be calculated under Sections 31680.5 or 31680.7, as applicable. (2) The retirement system shall have discretion regarding the timing of repayment of employer contributions for the period described in paragraph (1). (c) As used in this section, “administrative proceeding” means the process for appeal of an involuntary termination established by county or district ordinance or charter. (d) This section shall only apply to persons reinstated to employment by final action as described in subdivision (a), on or after the effective date of this section, pursuant to an administrative or judicial proceeding. (Added by Stats. 2020, Ch. 275, Sec. 48. (AB 2101) Effective January 1, 2021.)
  66. 31680.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A retired person may serve as an elective officer without being reinstated from retirement or losing or interrupting benefits, starting January 1, 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.15. (a) On and after January 1, 2018, a person who has retired under this chapter may serve without reinstatement from retirement or loss or interruption of benefits under this chapter, as an elective officer. (b) If a retired person serves without reinstatement from retirement in an elective office and part or all of his or her retirement allowance is based on service in that elective office, the portion of the allowance based on service in that elective office shall be suspended during incumbency in that elective office. The entire retirement allowance shall be paid for time on and after the person vacates the elective office in the monthly amount payable had the allowance not been suspended. (Added by Stats. 2017, Ch. 363, Sec. 6. (SB 112) Effective September 28, 2017.)
  67. 31680.16.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    Some retired county retirement system beneficiaries may serve as nonsalaried members of certain part-time boards or commissions without reinstatement or loss of 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.16. (a) Notwithstanding Section 31680, this section shall apply to a retired person who is receiving a retirement benefit from a county retirement system and is appointed or elected to either of the following: (1) A county board or commission of the county that is a covered employer of the retirement system. (2) A board or commission operating under a participating agency of the county that is a covered employer of the retirement system. (b) A person who is retired under this chapter may serve as a nonsalaried member of a board or commission without reinstatement from retirement or loss or interruption of benefits under this chapter or the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1), provided the appointment or election is to a part-time board or commission. A retired person whose service without reinstatement is authorized by this subdivision shall not acquire benefits, service credit, or retirement rights with respect to the appointment or election, but may receive any per diem that is authorized to all members of the board or commission. (Added by Stats. 2022, Ch. 524, Sec. 3. (AB 1971) Effective January 1, 2023.)
  68. 31680.2.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    Retired people may work in certain county or district jobs for limited time, and some pay and retirement rules apply.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.2. (a) Any person who has retired may be employed in a position requiring special skills or knowledge, as determined by the county or district employing them, for a period of time not to exceed 90 working days or 720 hours, whichever is greater, in any one fiscal year or any other 12-month period designated by the board of supervisors and may be paid for that employment. That employment shall not operate to reinstate the person as a member of this system or to terminate or suspend their retirement allowance, and no deductions shall be made from their salary as contributions to this system. (b) (1) This section shall not apply to any retired person who is otherwise eligible for employment under this section if, during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (3) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail, except that the limit on postretirement employment provided in subdivision (a) to the greater of 90 working days or 720 hours shall remain effective. (Amended by Stats. 2021, Ch. 186, Sec. 14. (SB 634) Effective January 1, 2022.)
  69. 31680.3.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A retired member may be rehired for special-skill work for limited time and hours, but certain unemployment-benefit recipients must end the job and cannot be rehired for 12 months.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.3. (a) Notwithstanding Section 31680.2, any member who has been covered under the provisions of Section 31751 and has retired may be reemployed in a position requiring special skills or knowledge, as determined by the county or district employing the member, for a period of time not to exceed 120 working days or 960 hours, whichever is greater, in any one fiscal year and may be paid for that employment. That employment shall not operate to reinstate the person as a member of this system or to terminate or suspend the person’s retirement allowance, and no deductions shall be made from the person’s salary as contributions to this system. (b) (1) This section shall not apply to any retired member who is otherwise eligible for reemployment under this section if, during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (c) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2021, Ch. 186, Sec. 15. (SB 634) Effective January 1, 2022.)
  70. 31680.4.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A retired service member who is rehired by a county or district becomes active again only after applying for reinstatement, clearing a medical determination, and meeting Article 4 membership 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.4. Notwithstanding any other provision of law, a member retired for service and reemployed in a county or district under this chapter shall become again an active member of the retirement association upon (a) his or her application to the board for reinstatement, (b) the determination of the board, based upon medical examination, that he or she is not incapacitated for the duties assigned to him or her; and (c) meeting the conditions for membership in Article 4 (commencing with Section 31550) are met. For the purposes of this section, the effective date of the member’s reinstatement to active membership shall be the first day of the month following the date of reemployment. Except as permitted in Section 31680.2 or 31680.3, the retirement allowance of the member shall be canceled on the effective date of the member’s reemployment and shall be resumed only upon the subsequent termination of the member from employment. This section shall not be operative in any county until the board of supervisors, by resolution adopted by a majority vote, makes this section and Section 31680.5 operative in that county. (Added by Stats. 1990, Ch. 651, Sec. 1.)
  71. 31680.5.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    After reinstatement, a member’s retirement and disability benefits are recalculated under this section, subject to specific rules and county opt-in.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.5. (a) Upon reinstatement, pursuant to Section 31680.4, the member’s rate of contributions and retirement allowance upon subsequent retirement shall be determined as if the member were first entering the system. Solely for the purpose of determining the member’s eligibility for service retirement under this section, service shall include the member’s credited service prior to reinstatement. (b) The member’s allowance upon his or her service or disability retirement or other termination subsequent to the reinstatement shall be the sum of (1) his or her retirement allowance calculated on the basis of credited service rendered after reinstatement in accordance with the formula applicable to him or her plus (2) his or her retirement allowance as it was prior to reinstatement, adjusted by any change after reinstatement in the provisions governing the calculation of his or her allowance which would have applied to him or her had he or she continued in retirement. The retirement allowance otherwise payable under this section to a member whose allowance prior to reinstatement was paid pursuant to his or her election under Section 31810 shall be reduced as provided in Section 31810. However, for a member reinstated pursuant to Section 31680.4 prior to attaining age 62, the reduction required by Section 31810 shall be the amount which is the actuarial value of the increase in the allowance from date of retirement to date of reinstatement. Notwithstanding any other provision of this chapter, the retirement allowance payable to any member subject to this section for any credited service for which a retirement allowance was paid prior to reinstatement shall not be less than the retirement allowance which would have been payable on the date of the subsequent retirement had the member not been reinstated, adjusted, however, by any reduction under this section because of an election under Section 31810. (c) Notwithstanding Article 10 (commencing with Section 31720), upon retirement for disability subsequent to reinstatement, a member shall receive a disability retirement allowance as follows: (1) A service-connected disability allowance shall be equal to one-half of his or her final compensation or an allowance computed as prescribed by subdivision (b), whichever is greater. (2) A nonservice-connected disability allowance shall be computed using the method prescribed by subdivision (b). (d) This section shall not be operative in any county until the board of supervisors, by resolution adopted by a majority vote, makes this section and Section 31680.4 operative in that county. (Amended by Stats. 1992, Ch. 75, Sec. 1. Effective January 1, 1993.)
  72. 31680.6.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A county may let certain retired people work longer in limited special-skill positions if the board of supervisors approves a resolution, but the time is capped and the work does not restore membership or stop retirement benefits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.6. (a) Notwithstanding Section 31680.2, any county subject to Section 31680.2 may, upon adoption of a resolution by a majority vote by the board of supervisors, extend the period of time provided for in Section 31680.2 for which a person who has retired may be employed in a position requiring special skills or knowledge, as determined by the county or district employing him or her, not to exceed 120 working days or 960 hours, whichever is greater, in any one fiscal year or any other 12-month period designated by the board of supervisors and may be paid for that employment. That employment shall not operate to reinstate the person as a member of this system or to terminate or suspend his or her retirement allowance, and no deductions shall be made from his or her salary as contributions to this system. (b) (1) This section shall not apply to any retired person who is otherwise eligible for employment under this section if, during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (c) Beginning January 1, 2013, if any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, the provisions of that act shall prevail. (Amended by Stats. 2013, Ch. 247, Sec. 41. (AB 1380) Effective January 1, 2014.)
  73. 31680.7.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A retired county or district employee may be rehired, but retirement payments stop during reemployment and service credit continues to accrue under 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.7. (a) Notwithstanding any other provision of law, any person who has been retired for service may be reemployed by the county or district from which he or she has been retired. Upon reemployment, the member’s retirement allowance shall be discontinued. The retirement allowance may be reinstated upon the discontinuance of reemployment, as specified in this section. (b) (1) For purposes of this section, “original period of employment” means the period of service with the county or district upon which the member’s original retirement allowance was based. (2) For purposes of this section, “period of reemployment” means the service subsequently rendered by the member after he or she has been reemployed by the county or district. (c) During the period of reemployment, the member shall accrue retirement service credit at the same tier or benefit level which was applicable to the member during his or her original period of employment. The member’s contribution rate shall be based on the same age at entry, and the same statutory formula, which was used in calculating the member’s contribution rate during his or her original period of employment. (d) Upon termination of the member’s period of reemployment for other than death or disability, the member shall begin receiving a monthly service retirement allowance which is the sum of all of the following: (1) The monthly retirement allowance the member had been receiving immediately prior to the time the member was reemployed by the county or district. (2) Any cost-of-living increases that would have been added to the monthly retirement allowance if the member’s allowance had not been discontinued by reason of reemployment. (A) A retirement allowance based on the amount of service credit the member accrued during the period of reemployment. This additional retirement allowance shall be calculated using the same benefit formula and tier upon which the member’s original retirement allowance was calculated, but shall be based on the member’s age upon termination of the period of reemployment and the member’s final compensation during that period. (B) The retirement allowance otherwise payable under this section to a member whose allowance prior to reinstatement was paid pursuant to an election under Section 31810 shall be reduced as provided in that section. However, for a member reinstated pursuant to Section 31680.4 prior to attaining age 62, the reduction required by Section 31810 shall be the amount that is the actuarial value of the increase in the allowance from the date of retirement to the date of reinstatement. (e) If, after reemployment pursuant to this section, the member becomes disabled and is granted a service-connected or non-service-connected disability retirement by the board, the member’s disability retirement allowance shall be the greater of either of the following: (1) The disability retirement allowance the member would have been entitled to receive if all of the member’s service during his or her original period of employment and subsequent period of reemployment had been continuous. (2) The service retirement allowance the member would have been entitled to receive if the member had not become disabled and had voluntarily terminated his or her period of reemployment. (f) (1) If the member dies during his or her period of reemployment, and leaves an eligible survivor or survivors entitled to receive a survivor’s allowance, the allowance shall be the same amount that it would have been if all of the member’s service during his or her original period of employment and subsequent period of reemployment had been continuous. If a lump sum death benefit is payable to the member’s designated beneficiary instead of a survivor’s allowance, the member’s accumulated retirement contributions for purposes of computing the death benefit shall be the sum of the contributions made by the member during the period of reemployment, plus interest credited thereon, and the excess, if any, of the member’s total contributions during the original period of employment, including interest credited thereon, over the total amount of retirement benefits paid to the member between the member’s original retirement from the county or district and the member’s reemployment pursuant to this section. (2) Upon or after service retirement, the continuance shall be paid upon the member’s death to the respective elected beneficiaries from each of the separate retirement period elections. (g) This section shall not apply to an employee who receives an additional retirement benefit as an inducement to retire early. (h) This section shall not be operative in any county until the board of supervisors of that county, by resolution adopted by a majority vote, makes this section applicable in that county. (Added by Stats. 1993, Ch. 291, Sec. 1. Effective January 1, 1994.)
  74. 31680.8.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A qualifying safety member may be rehired by the county in the same job and reinstated to active membership if the application and medical 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.8. (a) Notwithstanding any other provision of law, a safety member who was required to retire for service because of age during the operative dates of, and as described in, Section 31662.4, 31662.6, 31662.8, or 31663, may be reemployed by the county in the same position that he or she retired from and be reinstated to active membership upon all of the following: (1) His or her application to the board for reinstatement to active membership. (2) The determination of the board, based on medical advice, that the member is not incapacitated for the duties of the position assigned to him or her. (b) The member shall be reinstated to active membership in the plan or tier that he or she retired from, effective the first day of the month following the date of reemployment, and his or her membership shall be the same as if unbroken by retirement. Notwithstanding any other provision of law, the credited service of the member rendered both before and after reinstatement shall be included for the purpose of determining the eligibility of the member for benefits under this chapter. (c) Upon reemployment pursuant to this section, the retirement allowance of the member shall be cancelled. Upon the subsequent termination of the member from employment, the retirement allowance of the member shall be recalculated on the basis of the credited service rendered both before and after reinstatement pursuant to the formula applicable to the member prior to reinstatement. Notwithstanding any other provision of law, the reinstatement rights conferred by this section shall not entitle a person to a retirement right or benefit that exceeds the limitations in the Internal Revenue Code that apply to public retirement systems. (d) Upon reinstatement pursuant to this section, the rate of contribution of the member shall be based on the same age at entry that was used in calculating the contribution rate of the member during his or her original period of employment. (e) This section shall apply only to a county of the first class as described in Section 28020 and shall not become operative in that county until the board of supervisors, by resolution adopted by majority vote, makes this section operative in that county. (Added by Stats. 2006, Ch. 120, Sec. 1. Effective January 1, 2007.)
  75. 31680.9.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Retired members generally may not be employed by the county or a district unless reinstated or otherwise authorized, and reporting failures can trigger fees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31680.9. (a) A person who has been retired under the retirement system, for service or for disability, may not be employed in any capacity thereafter by the county or a district of the retirement system unless the person has first been reinstated from retirement pursuant to this chapter, or unless the employment, without reinstatement, is authorized by this article or the California Public Employees’ Pension Reform Act of 2013. A retired person whose employment without reinstatement is authorized by this article or the California Public Employees’ Pension Reform Act of 2013 shall acquire no service credit or retirement rights under this part with respect to the employment. (b) Any retired member employed in violation of Section 31680.2, 31680.3, 31680.6, or 7522.56 shall do all of the following: (1) Reimburse the retirement system for any retirement allowance received during the period or periods of employment that are in violation of law. The retirement allowance that was paid in violation of law shall be considered an overpayment subject to collection by the retirement system. (2) Only if reinstated, pay to the retirement system an amount of money equal to the employee contributions that would otherwise have been paid during the period or periods of unlawful employment, plus interest thereon. (3) Contribute toward reimbursement of the retirement system for reasonable administrative expenses incurred in responding to this situation, to the extent the member is determined by the retirement system administrator to be at fault. (c) Any public employer that employs a retired member in violation of Section 31680.2, 31680.3, 31680.6, or 7522.56 shall do both of the following: (1) Only if the retired member is reinstated, pay to the retirement system an amount of money equal to employer contributions that would otherwise have been paid for the period or periods of time that the member is employed in violation of this article, plus interest thereon. (2) Contribute toward reimbursement of the retirement system for reasonable administrative expenses incurred in responding to this situation, to the extent the employer is determined by the administrator of the retirement system to be at fault. (d) If an employer fails to report, in a format determined by the system for the administrative recordkeeping purposes of the system, a retired member employed in any capacity, without reinstatement, within 30 days of the effective date of hire, the board may assess the employer a fee of two hundred dollars ($200) per retired member per month until the information is reported. (e) If an employer fails to report the pay rate and number of hours worked of a retired member employed in any capacity, without reinstatement, at periods determined by the system, the board may assess the employer a fee of two hundred dollars ($200) per retired member per month until the information is reported. (f) An employer shall not pass on to an employee any fees assessed pursuant to subdivisions (d) and (e). (g) The employer shall provide written notice to the employee, by an appropriate mechanism, including by first-class mail or email, before the employee is within 10 business days or 80 hours of the period of time included in Section 31680.2, 31680.3, 31680.6, or 7522.56. (Amended by Stats. 2025, Ch. 239, Sec. 17. (SB 853) Effective January 1, 2026.)
  76. 31681.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In large counties (population over 2,000,000), certain retired county members are entitled to a minimum retirement allowance of at least $1,200 per year.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681. In every county having a population in excess of 2,000,000, the minimum retirement allowance for every member who has heretofore or who shall be hereafter retired at compulsory retirement age and who is credited with 15 or more years of service, including prior service, or at age 65 with 20 years of service, shall receive a total retirement allowance of not less than one thousand two hundred dollars ($1,200) per year, exclusive of any annuity based on additional contributions. This section shall be retroactively operative as of September 22, 1951. (Amended by Stats. 1953, Ch. 843.)
  77. 31681.1.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section increases certain previously retired members’ retirement allowances and, in some cases, requires county contributions to bring the total to $1,200 a year.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.1. (a) Notwithstanding any other provisions of this chapter, every retirement allowance payable for time commencing on the effective date of this section to any previously retired member of a superseded system not established pursuant to either Chapter 4 or Chapter 5 is hereby increased, by increase of the pension portion thereof, to the amount it would be if the previously retired member of such superseded system had been retired under the provisions of this chapter, and the provisions of this chapter, as they are in effect on the effective date of this section, had been in effect at the time of the retirement of the previously retired member, assuming that all of the service with which he was credited at the time of his actual retirement constituted prior service under this chapter. (b) However, if such retirement allowance payable for time after the effective date of this section, as increased by subdivision (a) of this section, is less than one thousand two hundred dollars ($1,200) a year, and if the previously retired member of the superseded system (not established pursuant to either Chapter 4 or Chapter 5) was credited at the time of his retirement with 20 or more years of service, or was retired after attaining the compulsory age of retirement, an additional amount provided by contributions of the county shall be added to his retirement allowance which will cause his total retirement allowance to amount to one thousand two hundred dollars ($1,200) a year. (c) This section does not authorize any decrease in any such retirement allowance, nor does this section give any such previously retired member of such superseded retirement system, or his successors in interest, any claim against the county for any increase in any retirement allowance paid or payable for time prior to its effective date. Calculations of retirement allowances under this section shall be made on the basis of current interest rate and mortality tables. (Added by Stats. 1953, Ch. 929.)
  78. 31681.2.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some retired members get a monthly retirement allowance increase of $25, or a prorated amount if they have under 20 years 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.2. Every retirement allowance payable for time commencing on the effective date of this section to or on account of any member of this system or of a superseded system, who was retired prior to January 1, 1948, is hereby increased by twenty-five dollars ($25) per month if the retired member is entitled to be credited with 20 years or more of service, or, if the retired member is entitled to be credited with less than 20 years of service, by an amount which bears the same ratio to twenty-five dollars ($25) as the member’s completed years of service with which the member is entitled to be credited bears to 20 years. 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. (Amended by Stats. 1963, Ch. 818.)
  79. 31681.4.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain retirement allowances are increased by $25 per month, or prorated if the member has less than 20 years of credited service, once a county board of supervisors makes the section applicable 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.4. Every retirement allowance for time commencing on the effective date of this section to or on account of any member of this system or of a superseded system, who was retired or died on or after January 1, 1948 but prior to February 1, 1955, or such other date prior to February 1, 1955, as the board of supervisors in any county shall specify by resolution, is hereby increased by twenty-five dollars ($25) per month if the retired member is entitled to be credited with 20 years or more of service, or, if the retired member is entitled to be credited with less than 20 years of service, by an amount which bears the same ratio to twenty-five dollars ($25) as the member’s completed years of service with which the member is entitled to be credited bears to 20 years. 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. (Amended by Stats. 1963, Ch. 818.)
  80. 31681.5.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Retirement allowances are increased by set percentages for specified periods, with a $50 monthly cap and $10 monthly floor, and the section applies in a county only after the board of supervisors adopts an ordinance by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.5. Every retirement allowance payable for time commencing on the effective date of this section to, or on account of any member of this system or of a superseded system, who has been retired for service, is hereby increased as follows: Percentage of Period during which increase in retirement became effective monthly retirement allowance On or prior to June 30, 1956 ........................ 10% Twelve months ended June 30, 1957 ........................ 8% Twelve months ended June 30, 1958 ........................ 6% Twelve months ended June 30, 1959 ........................ 4% Twelve months ended June 30, 1960 ........................ 2% In no event shall any allowance be increased by an amount greater than fifty dollars ($50) a month nor less than ten dollars ($10) a month. This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance adopted by majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1961, Ch. 1120.)
  81. 31681.51.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain retirement and survivor death allowances are increased, with limits on the monthly amount, and the section applies in a county only after the board of supervisors adopts an 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.51. Every retirement allowance or optional death allowance (including an allowance payable to a survivor of a member) payable to or on account of any member of this system or of a superseded system who has been or was retired for service is hereby increased as follows: Period during which Percentage of increase in retirement became monthly retirement effective allowance On or prior to June 30, 1962 ........................ 10% 12 months ended June 30, 1963 ........................ 8% 12 months ended June 30, 1964 ........................ 6% 12 months ended June 30, 1965 ........................ 4% 12 months ended June 30, 1966 ........................ 2% In no event shall any allowance be increased by an amount greater than fifty dollars ($50) a month nor less than ten dollars ($10) a month. This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance adopted by majority vote, make the provisions of this section applicable in such county. (Amended by Stats. 1968, Ch. 449.)
  82. 31681.52.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section increases certain retirement and survivor allowances, with a monthly cap of $75 and a $25 monthly minimum for members with 10 or more years 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.52. Every retirement allowance or optional death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system or of a superseded system who has been or was retired for service is hereby increased as follows: Period during which Percentage of increase in retirement became monthly retirement effective allowance On or prior to June 30, 1967 ........................ 10% 12 months ended June 30, 1968 ........................ 8% 12 months ended June 30, 1969 ........................ 6% 12 months ended June 30, 1970 ........................ 4% 12 months ended June 30, 1971 ........................ 2% In no event shall any allowance be increased by an amount greater than seventy-five dollars ($75) a month. A member with credit for 10 or more years of service in the system shall receive not less than twenty-five dollars ($25) a month. This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance adopted by a majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1973, Ch. 298.)
  83. 31681.53.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county retirement or survivor allowances may be increased based on years of service, but only if the allowance did not exceed $500 per month on July 1, 1976 and only in counties that have adopted the section by board resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.53. (a) Except as provided in subdivision (b), a retirement allowance or optional death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system or of a superseded system who has been or was retired for service which did not on July 1, 1976 exceed five hundred dollars ($500) per month is hereby increased as follows: Number of years of Percentage of increase in county or district monthly retirement service allowance 25 or more years ........................ 10% 20–25 years ........................ 8% 15–20 years ........................ 6% (b) No allowance shall be increased to more than five hundred dollars ($500) per month pursuant to subdivision (a). 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. 1976, Ch. 627.)
  84. 31681.54.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county retirement allowances for qualifying pre-1972 service retirees are increased, but the increase cannot exceed $500 per month and does not operate in a county until approved 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.54. (a) Except as provided in subdivision (b) of this section, a retirement allowance or optional death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system, or of a superseded system, who retired for service on or before December 31, 1971, is hereby increased as follows: Number of Years of Percentage of Increase in County or District Monthly Retirement Service Allowance 25 or more years ........................ 10% 20–25 years ........................ 8% 15–20 years ........................ 6% 10–15 years ........................ 4% (b) No allowance shall be increased to more than five hundred dollars ($500) per month pursuant to subdivision (a) of this section. 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. 1980, Ch. 442.)
  85. 31681.55.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a county board of supervisors adopts this section by majority vote, certain retirement allowances must be increased by a stated percentage based on when the member retired or died.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.55. Effective the first day of the first month after adoption of this section by the board of supervisors, the allowance paid with respect to any member of this system who retired or died prior to January 1, 2001, shall be increased by the percentage set forth opposite the year of retirement or death in the following schedule: Period during which retirement or death occurred: Percentage: January 1, 1998, or later 0.0% 12 months ending Dec. 31, 1997 1.0% 24 months ending Dec. 31, 1996 2.0% 60 months ending Dec. 31, 1994 3.0% 60 months ending Dec. 31, 1989 4.0% 120 months ending Dec. 31, 1984 5.0% 12 months ending Dec. 31, 1974, or earlier 6.0% The percentage shall be applied to the allowance payable on the effective date, and the allowance as so increased shall be paid for time on and after that date and shall be subject to annual cost-of-living adjustments. (b) 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. 2001, Ch. 159, Sec. 117. Effective January 1, 2002.)
  86. 31681.6.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may, by resolution, extend Section 31676.1 benefits to certain employees who retired before July 1, 1962, and those employees are entitled to those 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.6. In any county which made Section 31676.1 of the Government Code applicable effective July 1, 1962, the board of supervisors may by resolution make the benefits provided by Section 31676.1 applicable to employees who retired prior to July 1, 1962, and after the board of supervisors first adopted a resolution providing that Section 31676.1 would become applicable provided that such employees’ retirement was by reason of having reached the age of compulsory retirement prior to July 1, 1962. In such instance the employees shall be entitled to the benefits provided by Section 31676.1 as of July 1, 1962. (Added by Stats. 1963, Ch. 767.)
  87. 31681.7.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County retirement allowances may be increased by a formula tied to years of service, but only when the county board of supervisors has made an economic-conditions finding that activates the 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.7. Every retirement allowance payable during the time this section is operative in any county to, or on account of any member of this system or of a superseded system, who has been retired for service shall be increased by an amount equal to the product one dollar ($1) times years of service, not to exceed 20 years, times the number in the following table: Period during which retirement became effective Multiply by On or prior to June 30, 1957 ........................ 2 Twelve months ended June 30, 1958 ........................ 1.5 Twelve months ended June 30, 1959 ........................ 1 Twelve months ended June 30, 1960 ........................ 0.5 This section shall not be operative in any county except as follows: The board of supervisors of a county at any time and from time to time may find that economic conditions are such as to require either that this entire section, or this section as applied to one or more categories of members in the above table be applicable in such county. The board of supervisors of such county from time to time may either rescind or modify such finding and either find that economic conditions do not require that this section be applicable at all in such county or be applicable to a greater, lesser, or different extent than previously found. This section or this section as applied to one or more categories of members in the above table, as the case may be, shall be applicable in such county when and only during the time when such finding is in effect. The giving of additional retirement benefits pursuant to this section shall create no additional contractual rights and shall not preclude the withdrawal of such benefits either by action of the board of supervisors or of the Legislature. (Added by Stats. 1963, Ch. 634.)
  88. 31681.8.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    County boards of supervisors may adopt or readopt a cost-of-living payment program for retired members and surviving beneficiaries, subject to eligibility, payment, and funding 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31681.8. (a) The board of supervisors in any county under the County Employees Retirement Law of 1937 may provide, effective on a date determined by the board, for cost-of-living payments, in addition to those payable under Articles 16.5 and 16.6, to members of this system or a superseded system who retired and to their surviving beneficiaries who are receiving allowances under this system, provided the following conditions are met: (1) On January 1 of the year of adoption or readoption of this section, the accumulations established by Section 31870, 31870.1, or 31870.2, as applicable, shall, for any member, equal or exceed 25 percent in order for that member to be eligible for such cost-of-living payment. (2) The payments shall be made either quarterly or monthly to those members and survivors eligible for the first payment. (3) The amount of each payment is equal to the product of a sum determined by the board of supervisors, but not to exceed fifteen dollars ($15) times the member’s full years of county service not exceeding 30 years. (b) The payments made pursuant to this section and Section 31739.5 shall be made only during the lifetimes of the members or their survivors receiving allowances and to no other person. (c) The payments made pursuant to this section and Section 31739.5 shall not be considered as a part of the monthly retirement allowance, optional death allowance, or annual death allowance, nor shall any such payments be construed as guaranteeing any similar payments in any subsequent year. (d) Notwithstanding subdivision (a), the payments to beneficiaries of members pursuant to Section 31760.1, 31765.1, 31781.1, or 31785 or to beneficiaries who elected a combined benefit pursuant to Section 31781.3 shall be 60 percent of the payments which otherwise would have been payable under subdivision (a) to the members. (e) Notwithstanding subdivision (a), the payments to beneficiaries of members who elected optional settlement 3 pursuant to Section 31763 shall be 50 percent of the payments which otherwise would have been payable under subdivision (a) to the member. (f) This section shall not be operative in any county in any year, unless it is adopted or readopted in any year by the board of supervisors. Any such adoption or readoption in any particular year shall not be construed to require any adoption or readoption in any subsequent year. Before adoption by the board of supervisors in any year, the cost of the payments authorized by this section and Section 31739.5 shall be determined by a qualified actuary and the board of supervisors shall, with advice of the actuary, provide for the payment of such cost in such manner as to fully fund the benefits on a sound actuarial basis, including use of available funds in the reserves provided in Section 31592.2 with the approval of the retirement board, or an increase in the employer rates of contributions, or a combination of these sources of payments. This actuarial determination shall be made only upon authorization by the board of supervisors. Upon adoption by any county providing benefits pursuant to this section, of Article 5.5 (commencing with Section 31510) of this chapter, the board of retirement shall, instead, pay those benefits from the Supplemental Retiree Benefits Reserve established pursuant to Section 31510.8. (Amended by Stats. 1988, Ch. 76, Sec. 1.)
  89. 31682.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A county board of retirement may, by resolution, provide a $108.44 per month supplemental retirement benefit to eligible retired members and survivors, but only after an actuary determines the perpetual funding cost and the board of supervisors makes the section applicable by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31682. The board of retirement of a county of the 13th class, as defined by Sections 28020 and 28034, as amended by Chapter 1204 of the Statutes of 1971, may elect to provide, by resolution, a vested supplemental retirement benefit of one hundred eight dollars and forty-four cents ($108.44) per month to all current and future retired members and their survivors eligible for an optional settlement or a survivors allowance under this chapter. Prior to the adoption of a resolution by the board of retirement to provide the supplemental retirement benefit provided for in this section, the cost of funding this supplemental retirement benefit into perpetuity shall be determined by a qualified actuary. This section shall not be operative until such time as the board of supervisors shall, by majority vote, adopt a resolution making the provisions of this section applicable. (Added by Stats. 1990, Ch. 914, Sec. 1. Section operative as prescribed by its own provisions.)
  90. 31682.2.

    ## 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    The vested supplemental benefit is payable only to certain retirees who meet the service-credit requirement, unless they receive a service-connected 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31682.2. If the board of retirement of a county of the 13th class adopts, or has adopted, a resolution pursuant to Section 31682, then for those persons who are first employed by an employer of the system on or after January 1, 2006, the vested supplemental benefit shall be paid only to a retiree who has accrued a minimum of five years’ service credit in the system as a result of employment with the employer, except that a member who receives a disability retirement that is service connected is not subject to the five-year service requirement. (Added by Stats. 2005, Ch. 85, Sec. 1. Effective January 1, 2006.)
  91. 31683.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. )

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    A county board of supervisors in a ninth-class county may choose to add a monthly retirement benefit if an actuary determines the cost and the retirement board fully funds 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 8. Retirement for Service [31670 - 31683] ( Article 8 added by Stats. 1947, Ch. 424. ) ## 31683. (a) The board of supervisors in a county of the ninth class, as defined in Sections 28020 and 28030, may elect to provide an additional benefit to members who retired and to their surviving beneficiaries who are receiving allowances under this system, if the following conditions are satisfied: (1) A qualified actuary determines the cost of the payments authorized by this section. (2) The board of retirement fully funds the costs of the payments by this section through a transfer of funds from the reserves as provided in Section 31592.2. (b) The payments shall be made monthly only to those members and their surviving beneficiaries who are receiving allowances under this system on a date established by the board of retirement. (c) The first payment shall be effective on the first day of the first full month that occurs after adoption of this section by the board of supervisors. (d) The amount of each additional monthly benefit to a retired member shall be two hundred dollars ($200). (e) Notwithstanding subdivision (d), the monthly payments to beneficiaries of members pursuant to Section 31760.1, 31765.1, 31781.1, or 31785, or to beneficiaries who elect a combined benefit pursuant to Section 31781.3 shall be one hundred twenty dollars ($120). (f) Notwithstanding subdivision (d), the monthly payments to beneficiaries of members who elected optional settlement three pursuant to Section 31763 shall be one hundred dollars ($100). (g) The payments made pursuant to this section shall be considered a part of the monthly allowance and shall be increased by any subsequent cost-of-living allowance under Article 16.5 (commencing with Section 31870). (Added by Stats. 2001, Ch. 67, Sec. 1. Effective January 1, 2002.)
  92. 31685.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    When a member’s marriage is legally separated or dissolved, the court must record the separation date, and the board must determine the nonmember’s rights after receiving the court 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685. (a) Upon the legal separation or dissolution of marriage of a member, after joining the retirement system as a party to the proceeding pursuant to Chapter 6 (commencing with Section 2060) of Part 1 of Division 6 of the Family Code, the court shall include in the judgment or a court order the date on which the parties separated. (b) If the court orders the division of the community property interest in the system pursuant to Section 2610 of the Family Code, the accumulated contributions and service credit attributable to periods of service during the marriage shall be divided into two separate and distinct accounts in the name of the member and nonmember, respectively. Any service credit or accumulated contributions that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member. (c) Upon receipt of the court order separating the account of the member and the nonmember pursuant to this section, the board shall determine the rights of the nonmember, taking into consideration the court order and the account of the member. These rights may include the following: (1) The right to a retirement allowance. (2) The right to a refund of accumulated retirement contributions. (3) The right to redeposit accumulated contributions that are eligible for redeposit by the member. (4) The right to purchase service credit that is eligible for purchase by the member. (5) The right to designate a beneficiary to receive his or her accumulated contributions payable where death occurs prior to retirement. (6) The right to designate a beneficiary for any unpaid allowance payable at the time of the nonmember’s death. (d) In the capacity of nonmember, the nonmember shall not be entitled to any disability retirement allowance. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  93. 31685.01.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    Benefits listed in this article must be determined under this chapter or the California Public Employees’ Pension Reform Act of 2013, whichever applies.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.01. Benefits enumerated in this article shall be determined in accordance with the provisions of this chapter or the California Public Employees’ Pension Reform Act of 2013, whichever is applicable. (Added by Stats. 2013, Ch. 247, Sec. 42. (AB 1380) Effective January 1, 2014.)
  94. 31685.1.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    This section defines “nonmember” for this article.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.1. “Nonmember,” as used in this article, means the spouse or former spouse, or child or other dependent as ordered by the court, of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  95. 31685.2.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    A nonmember awarded a separate account can get a refund of the accumulated contributions and interest, but must apply on the system’s form. Once the refund becomes effective, the nonmember cannot cancel it or redeposit contributions or buy service credit; the member may later redeposit refunded amounts if a refund was received, subject to notice and a five-year deadline.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.2. (a) The nonmember who is awarded a separate account shall have the right to a refund of the accumulated contributions and interest credited in the separate account of the nonmember. (b) The nonmember shall file an application on a form provided by the system to obtain the refund. (c) The refund shall be effective when the system deposits in the United States mail an initial warrant drawn in favor of the nonmember and addressed to the latest address for the nonmember on file with the system. (d) The nonmember is deemed to have permanently waived all rights in the system and all rights to any future retirement benefits pertaining to the service credit accumulated contributions, or both, when the refund becomes effective. (e) The nonmember may not cancel a refund once it has become effective. (f) The nonmember shall have no right to elect to redeposit the refunded accumulated contributions from the nonmember’s account after the refund is effective, and shall have no right to redeposit or to purchase service credit after the refund becomes effective. (g) If at the time of the marriage dissolution or legal separation, the member does not have the necessary minimum credited service to elect deferred retirement, the nonmember shall receive a refund of the accumulated contributions and credited interest placed in the nonmember’s account. (h) If the nonmember receives a refund under this section, the member may elect to redeposit accumulated contributions and interest refunded to the nonmember and to receive credit for the service time that had been forfeited by the nonmember. The election shall be made within five years of receipt of notice from the board of eligibility to redeposit the contributions. The board shall establish the manner of payment and the time period within which the redeposit of contributions may be made. The interest rate established by the board shall be the same as that charged to members on all other redeposits. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  96. 31685.3.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    A nonmember awarded a separate account may redeposit certain refunded contributions and interest, but only under the court’s determination and board regulations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.3. (a) The nonmember who is awarded a separate account may redeposit accumulated contributions and interest previously refunded to the member in accordance with the determination of the court required by Section 31685. (b) The nonmember may redeposit only those accumulated contributions and interest that were previously refunded to the member and that the court has determined to be the community property interest of the nonmember in the accumulated contributions. (c) If the nonmember elects to redeposit, he or she shall repay the accumulated contributions and interest. (d) An election to redeposit shall be considered an election to repay all accumulated contributions and interest previously refunded that the nonmember is entitled to redeposit. (e) The right of the nonmember to redeposit is subject to the regulations of the board. (f) The member has no right to the court-determined nonmember share of any previously refunded accumulated contributions and interest whether or not the nonmember elects to redeposit until the effective date of any refund requested by the nonmember pursuant to Section 31685.2, or the nonmember dies before redeposit is completed. However, any right to redeposit previously refunded accumulated contributions and interest not explicitly awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (g) Any redeposit by the nonmember shall be made by lump sum before retirement. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  97. 31685.4.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

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    A nonmember may buy certain service credit, but must pay the contributions and interest before retirement if they choose to do so.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.4. (a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 31685. (b) The nonmember may purchase only that service credit that the court has determined to be the community property share of the nonmember spouse. (c) If the nonmember elects to purchase service credit, he or she shall pay, prior to retirement, the contributions and interest pursuant to the regulations of the board. (d) The nonmember shall have no right to purchase the service credit after the effective date of a refund of the accumulated contributions in the separate account of the nonmember. (e) The member has no right to the court-determined nonmember share of the service credit whether or not the nonmember elects to purchase the service credit until the effective date of any refund requested by the nonmember pursuant to Section 31685.2, or the nonmember dies before the service credit is purchased. However, any service credit eligible for purchase that is not explicitly awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  98. 31685.5.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    A nonmember must be retired when they apply in writing to the board, if the stated age and service 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.5. A nonmember shall be retired upon his or her written application to the board if all of the following conditions are met: (a) The member or nonmember has attained the minimum age prescribed by the applicable service retirement formula of the member. (b) On the date of retirement, the member had sufficient credited service to retire for service, notwithstanding any service credit awarded to the nonmember. (Amended by Stats. 1997, Ch. 223, Sec. 4. Effective January 1, 1998.)
  99. 31685.6.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    Retirement becomes effective and the allowance starts accruing on the date named in the nonmember’s application, or the day after a later court order dividing community property, but not before the first day of the month when the application is received.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.6. Retirement shall be effective and the retirement allowance shall begin to accrue as of the date designated in the nonmember’s application as the effective date of retirement, or the day following the date of court order dividing the community property of the member and nonmember, if later. In no event shall the retirement become effective or the retirement allowance begin to accrue earlier than the first day of the month in which the nonmember’s application is received at an office of the board or by an employee of the system designated by the board. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  100. 31685.7.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    The board must notify the nonmember after a member’s retirement application is received, and the nonmember may choose an earlier period in some cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.7. (a) If the nonmember retires before the member retires, “final compensation” means the highest average annual compensation earnable by the member during the three consecutive years, or one year where applicable, prior to the date the nonmember retires. The nonmember may designate an earlier period to be used where the time period of the nonmember’s marriage to the member and membership correspond. (b) If the member has retired before the nonmember, the “final compensation” for the nonmember shall be the final compensation used in calculating the member’s retirement. (c) Upon receipt of an application for retirement by the member, the board shall notify the nonmember that his or her final compensation will not increase any further and shall identify which options are available to the nonmember and the impact thereof. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  101. 31685.8.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    A nonmember who is entitled to a retirement allowance must receive it using the service retirement formula that applies to the service credited to that nonmember.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.8. A nonmember entitled to receive a retirement allowance shall receive a retirement allowance based on the service retirement formula applicable to the service credited to the nonmember. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  102. 31685.9.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    If a member becomes disabled, combined benefit payments to the member and nonmember cannot be more than what would otherwise be paid to the member alone.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.9. If a member becomes disabled, the combined benefit payments to both the member and nonmember shall not exceed the amount that would otherwise be paid to the member alone. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  103. 31685.95.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    A retirement plan cannot be required to make payments that would increase plan benefits. Benefits under the listed family-law provisions and this article are to be determined using actuarial, economic, and demographic assumptions and values prescribed by the board of the affected retirement plan.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.95. (a) Under no circumstances shall a retirement plan be required to make payments in any manner that will result in an increase in the amount of benefits provided under the plan. (b) All benefits determined pursuant to Part 5 (commencing with Section 2610) of Division 7 of the Family Code and this article shall be determined on the basis of the actuarial economic and demographic assumptions and values prescribed by the board of the affected retirement plan. (Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)
  104. 31685.96.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    The board must adopt age factors as recommended by the actuary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.96. (a) The age factor applicable to the nonmember shall be based on the age of the nonmember at the time of his or her retirement. (b) The board shall adopt age factors as recommended by the actuary. (Added by Stats. 1994, Ch. 670, Sec. 2 (1st text). Effective January 1, 1995.)
  105. 31685.97.

    ## 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. )

    Verify source ↗

    This article does not take effect in a county unless the board of supervisors 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 8.4. Community Property [31685 - 31685.97] ( Article 8.4 added by Stats. 1994, Ch. 670, Sec. 2. ) ## 31685.97. This article shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make this article applicable in the county. (Added by renumbering Section 31685.96 (as added by Stats. 1994, Ch. 670, Sec. 2, 2nd text) by Stats. 2015, Ch. 303, Sec. 224. (AB 731) Effective January 1, 2016.)
  106. 31691.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. )

    Verify source ↗

    County and district governing bodies may fund certain retiree insurance and medical benefits, and the retirement board may also provide hospital and medical benefits for eligible retirees and survivors, subject to stated funding and compliance 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. ) ## 31691. (a) The board of supervisors of any county by ordinance, or the governing body of any district under the County Employees Retirement Law, by ordinance or resolution, may provide for the contribution by the county or district from its funds and not from the retirement fund, toward the payment of all or a portion of the premiums on a policy or certificate of life insurance or disability insurance issued by an admitted insurer, or toward the payment of all or part of the consideration for any hospital service or medical service corporation, including any corporation lawfully operating under Section 9201 of the Corporations Code, contract, or for any combination thereof, for the benefit of any member heretofore or hereafter retired or his or her dependents. At least one of these plans shall include free choice of physician and surgeon. (b) The benefits provided by this section are in addition to any other benefits provided by this chapter. (c) The board of retirement may provide on behalf of a member who has retired, or an eligible surviving spouse who was married to the member for one year prior to the date of retirement of the member, or, if there is no such spouse, the surviving unmarried children of the member who are under 18 years of age, or under 22 years of age and full-time students, for the hospital and medical benefits enumerated in subdivision (a) from the earnings of the retirement fund that are in excess of the total interest credited to contributions and reserves plus 1 percent of the total assets of the retirement fund. The board may provide for the benefits enumerated from like sources when the board of supervisors or the governing body of a district has elected to provide these benefits to its active employees, even though the benefits are not provided to those who have retired from the service of the county or district. Hospital and medical benefits provided under this section shall be provided in compliance with Section 401(h) of Title 26 of the United States Code. They may also be provided in compliance with Section 31592.2. (d) Except in a county of the first class, upon adoption by any county providing benefits pursuant to this section, that has adopted Article 5.5 (commencing with Section 31610), the Supplemental Retiree Benefits Reserve established pursuant to Section 31618 shall be substituted for the excess earnings described in subdivision (c). (Amended by Stats. 2014, Ch. 740, Sec. 11. (AB 2473) Effective January 1, 2015.)
  107. 31691.1.

    ## 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. )

    Verify source ↗

    The board of retirement may provide an equivalent increase in allowance instead of the Section 31691 benefits, and in certain counties must pay those benefits from 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. ) ## 31691.1. (a) In lieu of the benefits prescribed by Section 31691, the board of retirement may provide on behalf of a member who has retired, or an eligible surviving spouse who was married to the member prior to the date of retirement of the member, or, if there is no such spouse, the surviving unmarried children of the member who are under 18 years of age, or under 22 years of age and full-time students, for an equivalent increase in allowance from the earnings of the retirement fund that are in excess of the total interest credited to contributions and reserves plus 1 percent of the total assets of the retirement fund. Any benefit provided by this section shall be subject to Section 31692. (b) Except in a county of the first class, upon adoption by any county providing benefits pursuant to this section that has adopted Article 5.5 (commencing with Section 31610), the board of retirement shall, instead, pay those benefits from the Supplemental Retiree Benefits Reserve established pursuant to Section 31618. (Amended by Stats. 2014, Ch. 740, Sec. 12. (AB 2473) Effective January 1, 2015.)
  108. 31691.2.

    ## 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. )

    Verify source ↗

    A county board of retirement may let active members and their dependents enroll in an authorized plan, controls plan benefits and administration, and may recover reasonable administrative 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. ) ## 31691.2. The board of retirement in a county of the first class may permit active members and their dependents to enroll in any plan authorized in Section 31691. The board shall have exclusive control over the plan benefits and administration to the same degree and to the same extent it otherwise has control over plan benefits and administration for retired members, and may recover reasonable administrative costs from the county or plan participants. This section shall not be operative until the board of supervisors, by resolution adopted by a majority vote, makes this section applicable in the county. (Added by Stats. 1998, Ch. 996, Sec. 5. Effective January 1, 1999.)
  109. 31692.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. )

    Verify source ↗

    An ordinance or resolution under Section 31691 gives no vested right, and the board or district governing body may amend or repeal it, but changes affecting a retired member are delayed 90 days after written notice. In counties with 5,000,000 or more people, the ordinance or resolution must stay in effect for retired members while similar benefits are given to active 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 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. ) ## 31692. The adoption of an ordinance or resolution pursuant to Section 31691 shall give no vested right to any member or retired member, and the board of supervisors or the governing body of the district may amend or repeal the ordinance or resolution at any time except that as to any member who is retired at the time of such an amendment or repeal, the amendment or repeal shall not be operative until ninety (90) days after the board or governing body notifies the member in writing of the amendment or repeal. In counties with a population of 5,000,000 or more, the adoption of an ordinance or resolution pursuant to Section 31691 shall remain in effect for any member heretofore or hereafter retired for as long as the board of supervisors or governing body provides similar types of benefits to any active member in current county service. (Amended by Stats. 1982, Ch. 961, Sec. 1.)
  110. 31693.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. )

    Verify source ↗

    County, district, or county retirement systems covered by this article must give recognized retiree organizations reasonable advance notice of proposed employee health care benefit changes, and those organizations must have a reasonable chance to comment before formal action is taken.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.5. Group Insurance [31691 - 31693] ( Article 8.5 added by Stats. 1961, Ch. 1876. ) ## 31693. In any county, district, or county retirement system providing benefits under this article, the county, district, or county retirement system shall provide any recognized retiree organization, as defined in Section 31471.5, that is recognized by the retirement system of the county or district as representing the retired employees of that county or district reasonable advance notice of any proposed changes in employee health care benefits affecting those retired employees and the organization shall have a reasonable opportunity to comment prior to any formal action by the county, district, or county retirement system on the proposed changes. As used in this section, “proposed changes” means significant changes affecting health care benefits, including, but not limited to, changes in health care carriers, plan design, and premiums. (Amended by Stats. 2012, Ch. 178, Sec. 6. (SB 1382) Effective January 1, 2013.)
  111. 31694.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    A county, district, or other public entity may set up a Post-Employment Benefits Trust Account with the board of retirement’s agreement, and the retirement system may establish the account as part of the retirement fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694. (a) The board of supervisors of a county or the governing body of a district or other public entity may, by ordinance or resolution and with the agreement of the board of retirement, provide for the contribution of funds by the county, a district, or other public entity into a Post-Employment Benefits Trust Account. The retirement system may establish the Post-Employment Benefits Trust Account as a part of the retirement fund. The Post-Employment Benefits Trust Account shall be established for the sole purpose of funding the benefits provided under a post-employment group health, life, welfare, or other supplemental benefits plan or plans established and maintained by the county or district, which plan or plans may provide for self-insured coverage or the payment of all or a portion of the premiums on one or more insurance contracts or health care service plan contracts for retired employees of the participating county, district, or other public entity, and their qualified spouses, dependents and beneficiaries. (b) Contributions to the Post-Employment Benefits Trust Account may include the proceeds of debt issued by the county, a district, or other public entity solely for the purpose of funding post-employment health, life, welfare, or other supplemental benefits. (c) The post-employment benefits provided with the funds contributed to the Post-Employment Benefits Trust Account are in addition to any other benefits provided under this chapter. (d) (1) Except as described in subdivision (b) of Section 31694.1, the assets of the retirement fund may not be used, directly or indirectly, to pay the cost of any benefits provided through the Post-Employment Benefits Trust Account or, except to the extent allowed by federal tax law, to pay any direct or indirect cost of administering the Post-Employment Benefits Trust Fund. (2) Except as described in subdivision (c) of Section 31694.1, funds in the Post-Employment Benefits Trust Account may not be used, directly or indirectly, to pay the cost of any other benefits provided under this chapter. (Amended by Stats. 2007, Ch. 327, Sec. 4. Effective January 1, 2008.)
  112. 31694.1.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    This section requires separate accounting for certain trust funds and gives the retirement board, or a county board of investments where one exists, broad authority over investing and administering the Post-Employment Benefits Trust 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.1. (a) The retirement system shall separately account for the funds contributed to the Post-Employment Benefits Trust Account by each participating employer and the earnings and expenses related to the investment and administration of those funds. (b) The board of retirement, or a board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, shall have sole, exclusive, and plenary authority and fiduciary responsibility over the investment of the funds in the Post-Employment Benefits Trust Account, consistent with Sections 31594 and 31595, and as provided for in Section 17 of Article XVI of the California Constitution. The board of retirement or board of investments may invest funds in the Post-Employment Benefits Trust Account with those of the retirement system, to the extent allowed by federal tax laws. The investment earnings and investment expenses attributable to the investment activity of the Post-Employment Benefits Trust Account shall be accounted for separately from the investment earnings and expenses of the retirement fund. (c) The funds in and investment earnings of the Post-Employment Benefits Trust Account shall be used to pay the reasonable costs related to investment expenses and administration of the Post-Employment Benefits Trust Account to the extent allowed by federal tax law. Those expenses shall not be deemed to be an investment or administrative expense of a retirement system under this chapter. (d) The board of retirement, or a board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, may establish rules and procedures governing the investments and administration of the Post-Employment Benefits Trust Account. The board of retirement or the board of investments shall determine the rate of interest to credit the funds in the Post-Employment Benefits Trust Account. (e) The board of retirement, or a board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, is authorized to take any and all actions necessary to establish and administer the Post-Employment Benefits Trust Account in compliance with applicable federal tax laws or other legal requirements. (f) The board of retirement, or the board of retirement acting jointly with a board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, and a participating employer in the Post-Employment Benefits Trust Account shall establish, by written agreement, the respective roles and responsibilities of the retirement system and the participating employer with respect to the administration and investment of the Post-Employment Benefits Trust Account, consistent with Section 17 of Article XVI of the California Constitution. That agreement shall include, but is not limited to, funding, distribution, expenditure, actuarial, accounting, and reporting considerations, and any applicable investment parameters. The board may, in its discretion, authorize an employer to transfer assets into or out of the Post-Employment Retirement Account, however, any transfer of assets shall comply with the terms of the contract between the employer and the board, satisfy requirements under applicable rules of the Governmental Accounting Standards Board, and satisfy the requirements of federal tax law. Once the investment parameters are established, the board of retirement, or a board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, shall have sole control over the investment activity of the Post-Employment Benefits Trust Account as described in subdivision (b). Upon agreement and authorization of the board of retirement and the governing body of a participating employer, the retirement system may administer a post-employment health, life, welfare, or other supplemental benefit plan sponsored by the participating employer and funded through the Post-Employment Benefits Trust Account. (g) In accordance with procedures established in the written agreement described in subdivision (f), the participating employer may elect to terminate participation in the Post-Employment Benefits Trust and instruct the retirement system to either (1) transfer the funds held in the Post-Employment Benefits Trust Account to a successor trustee named by the employer, or (2) disburse the trust assets in accordance with subdivision (i). In addition, the board of retirement may terminate the participation of a participating employer in the Post-Employment Benefits Trust Account if either: (1) The board of retirement finds that the participating employer is unable to satisfy the terms and conditions required by this article, the rules and procedures established by the board, or the participation agreement between the participating employer and the board of retirement. (2) The board of retirement elects to terminate the Post-Employment Benefits Trust Account. (h) If the board of retirement terminates the participation of an employer in the Post-Employment Benefits Trust Account, as described in paragraph (1) or (2) of subdivision (g), the funds attributable to that employer shall remain in the Post-Employment Benefits Trust Account, for the continued payment of post-employment benefits for current and future participants and the costs of administration and investment. (i) If the board of retirement elects to terminate the Post-Employment Benefits Trust Account, the retirement system shall disburse the funds in Post-Employment Benefits Trust Account in the following order and manner: (1) The retirement system shall retain an amount sufficient to pay for the post-employment benefits for participants in the post-employment benefits plan or plans provided by the former participating employer. (2) The retirement system shall retain an amount sufficient to pay reasonable administrative and investment costs described in this section. (3) After the amounts in paragraphs (1) and (2) have been retained or disbursed, the retirement system shall pay any remaining funds to the former participating employer or employers. (Amended by Stats. 2007, Ch. 327, Sec. 5. Effective January 1, 2008.)
  113. 31694.2.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    An employer that opts into the Post-Employment Benefits Trust Account must set up, fund, and use distributions from the account, and administer the related benefit plan or plans. The employer may also delegate those responsibilities to the retirement system if federal tax law allows.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.2. An employer who elects to participate in the Post-Employment Benefits Trust Account shall be required to establish, fund, and apply distributions from the Post-Employment Benefits Trust Account, and administer a post-employment health, life, welfare, or other supplemental benefit plan or plans funded through the Post-Employment Benefits Trust Account, pursuant to applicable federal tax requirements or other legal provisions. An employer may expressly delegate its responsibilities under this section to the retirement system as described in subdivision (f) of Section 31694.1, to the extent allowed by federal tax laws. (Amended by Stats. 2007, Ch. 327, Sec. 6. Effective January 1, 2008.)
  114. 31694.3.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    County and district officials may create and manage a trust to fund post-employment benefits, and may use agreements or outside entities to handle administration and investments.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.3. (a) The board of supervisors of a county, or the governing body of a district, may establish, by resolution or ordinance, its own trust for the sole purpose of funding any post-employment benefits provided under a group health, life, or other welfare benefits plan or plans established and maintained by that county or district. (b) The board of retirement and, if applicable, the board of investments, may, with the agreement of the county or district, act as one or more of the following for that employer-established trust: trustee, third-party administrator, or investment manager. The board of retirement and, if applicable, the board of investments, may enter a trust agreement, third-party administrative services agreement, investment manager agreement, or other appropriate agreement with the county or district, which shall establish the respective roles and responsibilities of the parties with respect to the administration and investment of the employer-established trust. That agreement shall provide for the manner and method of payment for the reasonable costs related to investment expenses for, and administration of, the employer-established trust. Those expenses shall not be deemed to be an investment or administrative expense of a retirement system under this chapter. (c) The county or district may contract with an entity other than the board of retirement or board of investments to act as trustee, third-party administrator, or investment manager for the trust. (d) Contributions to the employer-established trust may include the proceeds of debt issued by the county or district solely for the purpose of funding post-employment health, life, or other welfare benefits. (Repealed and added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
  115. 31694.4.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    This article does not apply to certain county, district, or other public entities in a first-class county until the article is funded under a ratified collective bargaining agreement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.4. This article shall not apply to a county, district, or other public entity in a county of the first class as defined by Section 28020 until the provisions of this article are funded pursuant to the provisions of a ratified collective bargaining agreement by that county, district, or other public entity. (Added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
  116. 31694.5.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    A contract between a public employer and a retirement or investment board cannot alter other legal or contractual obligations to provide employee or retiree 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.5. A contract entered into between a public employer and a board of retirement or board of investments as described in Section 31694.1 shall not change the obligations of a public employer, board of retirement, or board of investments that are created under other contracts, laws, ordinances, regulations, or similar actions to provide benefits for employees or retired employees of a participating county, district, or other public entity, or their qualified spouses, dependents, and beneficiaries. (Repealed and added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
  117. 31694.6.

    ## 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 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. )

    Verify source ↗

    If the trust account is part of the retirement fund, it must be used only for health benefits and must follow Section 401(h) requirements. The board of supervisors or board of retirement must take needed steps to keep the program compliant with federal and state income tax laws. Certain transfers between retirement-benefit funds and a medical benefits account are prohibited.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.6. Post-Employment Benefits [31694 - 31694.6] ( Article 8.6 repealed and added by Stats. 2006, Ch. 846, Sec. 6. ) ## 31694.6. (a) Notwithstanding any provision to the contrary in this article, if the Post-Employment Benefits Trust Account established under Section 31694 is established as a part of the retirement fund, then that account shall be established for the sole purpose of providing health benefits for retired members, their spouses, and dependents, and shall comply with all requirements, including the limitations on contributions, of Section 401(h) of Title 26 of the United States Code, as applicable. (b) The board of supervisors or the board of retirement shall take any actions necessary or 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. (c) If the Post-Employment Benefits Trust Account is established under Section 31694, 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. (Added by Stats. 2014, Ch. 740, Sec. 13. (AB 2473) Effective January 1, 2015.)
  118. 31695.1.

    ## 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 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. )

    Verify source ↗

    A county board of supervisors, if the county is not subject to Section 31676.1, may vote to extend safety-member provisions to county employees whose main duties are active law enforcement or active fire suppression.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. ) ## 31695.1. Any provisions of this chapter to the contrary notwithstanding, the board of supervisors in any county not subject to the provisions of Section 31676.1 may, by majority vote, provide that all the provisions of this chapter relating to safety members, which apply to counties coming under the provisions of Section 31676.1 prior to January 1, 1953, shall apply in such county to all employees of such county whose principal duties consist of active law enforcement or active fire suppression as defined in Section 31470.2 or 31470.4, and the board in such county shall in its regulations provide for the time of election and terms of office of additional members of the board. (Added by Stats. 1957, Ch. 568.)
  119. 31695.2.

    ## 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 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. )

    Verify source ↗

    Eligible employees may opt into the safety member provisions by filing written notice with the board within the stated 60-day deadline.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. ) ## 31695.2. All eligible employees may elect to be included within the safety member provisions of this chapter by written notice filed with the board not later than 60 days from and after the effective date of the approval of the board of supervisors of the provisions of this article, or within 60 days from and after the effective date of a selection of benefits by the board of supervisors under Section 31808.6, whichever is later. (Amended by Stats. 1969, Ch. 767.)
  120. 31695.3.

    ## 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 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. )

    Verify source ↗

    After board approval under Section 31695.1, the chapter’s safety member provisions apply to the county, except as Section 31695.2 provides.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.7. Extension of Safety Member Provisions [31695.1 - 31695.3] ( Article 8.7 added by Stats. 1957, Ch. 568. ) ## 31695.3. From and after the effective date of the approval of the board of supervisors under Section 31695.1, all of the provisions of this chapter relating to safety members which apply to counties coming under the provisions of Section 31676.1, prior to January 1, 1953, except as provided in Section 31695.2, shall apply in such county. (Added by Stats. 1957, Ch. 568.)
  121. 31696.1.

    ## 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. )

    Verify source ↗

    The board of retirement may set up and manage a long-term care insurance program, but enrollment is limited by board-approved eligibility and underwriting criteria.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. ) ## 31696.1. (a) The board of retirement may provide a long-term care insurance program for retired members and their spouses, their parents, and their spouses’ parents. (b) Subject to Section 31696.5, the board may permit active members and their spouses, their parents, and their spouses’ parents to enroll in the long-term care insurance program. (c) The long-term care insurance plan shall be made available periodically during open enrollment periods determined by the board. (d) The board shall award contracts to carriers who are qualified to provide long-term care benefits. (e) The long-term care insurance plan shall include home, community, and institutional care and shall provide substantially equivalent coverage to that required under Chapter 2.6 (commencing with Section 10230) of Part 2 of Division 2 of the Insurance Code and shall meet those requirements set forth in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). However, the Department of Managed Health Care shall have no jurisdiction over the insurance plan authorized by this article. (f) Notwithstanding subdivision (a), no person shall be enrolled unless he or she meets the eligibility and underwriting criteria approved by the board. (g) The board shall approve eligibility criteria for enrollment, approve appropriate underwriting criteria for potential enrollees, approve the scope of covered benefits, approve the criteria to receive benefits, and approve any other standards as needed. (Amended by Stats. 2000, Ch. 857, Sec. 15. Effective January 1, 2001.)
  122. 31696.2.

    ## 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. )

    Verify source ↗

    Enrollees must pay the full cost of enrolling in the long-term care insurance plan, and the plan is kept separate from the retirement and health benefits programs administered by 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. ) ## 31696.2. (a) The full cost of enrollment in a long-term care insurance plan shall be paid by the enrollees. (b) The long-term care insurance plan shall not become part of, or subject to, the retirement or health benefits programs administered by the system. (Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
  123. 31696.3.

    ## 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. )

    Verify source ↗

    The board must create and manage a Long-Term Care Fund, with special rules for investment, income, and whether the fund is part of or separate from 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. ) ## 31696.3. (a) The board shall establish a trust fund designated as the Long-Term Care Fund for the purpose of the payment of the costs and administration of the long-term care plan. The Long-Term Care Fund shall be held for the exclusive benefit of enrollees and the payment of the costs and administration of the program. (b) The board shall have exclusive control of the administration and investment of the Long-Term Care Fund, except that in a county having a board of investments, the board of investments shall have exclusive control of the investment of the fund. Funds in the Long-Term Care Fund shall be invested pursuant to the law governing the investment of the retirement fund. (c) Income, of whatever nature, earned on the Long-Term Care Fund shall be credited to the fund. (d) If the Long-Term Care Fund is intended to be a part of the retirement system trust fund, then the operation of the Long-Term Care Fund, including, but not limited to, its funding, governance, investment of assets, allocation of income, and payment of benefits, shall comply with the requirements of Section 401(h) of Title 26 of the United States Code, to the extent required by that title and related federal regulations. If the Long-Term Care Fund is intended to be separate from and not a part of the retirement system, then no assets attributable to that fund shall be commingled for investment or any other purpose, with the assets of the retirement system and shall constitute a separate fund with a trust that is separate from the funds and trust of the retirement system to the extent commingling of assets for investment purposes satisfies the requirements of the federal tax laws. The board shall indicate, as a part of establishment of the Long-Term Care Fund, whether the separate fund is intended to be a part of, or separate from, the retirement system. (Amended by Stats. 2014, Ch. 740, Sec. 14. (AB 2473) Effective January 1, 2015.)
  124. 31696.4.

    ## 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. )

    Verify source ↗

    The board may recover administrative costs of the long-term care insurance program from insurance carriers and enrollee premiums.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. ) ## 31696.4. The board is authorized to recover the administrative costs of the long-term care insurance program from insurance carriers and premiums paid by enrollees. (Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
  125. 31696.5.

    ## 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 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. )

    Verify source ↗

    Subdivision (b) of Section 31696.1 does not operate in a county unless the county board of supervisors makes it applicable by resolution passed by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.8. Long-Term Care Group Insurance [31696.1 - 31696.5] ( Article 8.8 added by Stats. 1997, Ch. 491, Sec. 2. ) ## 31696.5. Subdivision (b) of Section 31696.1 shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make that subdivision applicable in the county. (Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
  126. 31698.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    This section names the article the County Retirement System Vision Care Program.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698. This article shall be known and may be cited as the County Retirement System Vision Care Program. (Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
  127. 31698.1.

    ## 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    A retiring county retirement system member may enroll in the article’s vision care program if program eligibility requirements 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698.1. A member who retires from a county retirement system covered by this chapter may enroll in a vision care program offered pursuant to this article subject to meeting the eligibility requirements established for the program. (Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
  128. 31698.2.

    ## 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    A retired member who elects to join the program must pay the premiums.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698.2. Each retired member that elects to participate in the program shall be solely responsible for the payment of premiums. (Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
  129. 31698.3.

    ## 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    Benefits under this article are additional to any other benefits provided in the chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698.3. The benefits in this article are in addition to any other benefits provided in this chapter. (Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
  130. 31698.4.

    ## 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    The sponsor of the vision care program may hire a third-party administrator to provide vision care for retired members, their survivors, and eligible dependents.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698.4. The sponsor of the vision care program may contract with a third-party administrator to provide vision care to the retired member, his or her survivors, and his or her eligible dependents. (Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
  131. 31698.5.

    ## 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 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. )

    Verify source ↗

    The sponsor of a vision care program must state whether the program’s separate fund will be part of the retirement system or separate from it, and the program’s assets must not be commingled with retirement system assets except where federal tax law allows.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.9. Vision Care [31698 - 31698.5] ( Article 8.9 added by Stats. 2007, Ch. 331, Sec. 2. ) ## 31698.5. If the vision care program is intended to be part of the retirement system trust fund, then the operation of the vision care program, including, but not limited to, its funding, governance, investment of assets, allocation of income, and payment of benefits, shall comply with the requirements of Section 401(h) of Title 26 of the United States Code, to the extent required by that title, and related federal regulations. If the vision care program is intended to be separate from and not a part of the retirement system, then no assets attributable to that program shall be commingled for investment, or any other purpose, with the assets of the retirement system. Assets attributable to the program shall constitute a separate fund with a trust that is separate from the funds and trust of the retirement system except to the extent that the commingling of assets for investment purposes satisfies the requirements of the federal tax laws. The sponsor of the vision care program shall indicate as part of the establishment of the program whether that separate fund is intended to be a part of, or separate from, the retirement system. (Added by Stats. 2014, Ch. 740, Sec. 15. (AB 2473) Effective January 1, 2015.)
  132. 31699.1.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    This article applies to a board of retirement established in a county of the seventh class.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.1. This article shall apply to a board of retirement established in a county of the seventh class. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  133. 31699.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The postemployment health benefits fund board must act separately from the retirement system and may exercise the same powers the retirement system board has for the 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.10. The postemployment health benefits fund board shall act as a separate governing board of the postemployment health benefits fund, with separate rules, regulations, and bylaws, and shall meet separately from the meetings of the retirement system. The postemployment health benefits fund board shall have all of the power, authority, and ability to act on behalf of the postemployment health benefits fund that the retirement system board has with respect to the retirement system, including, but not limited to, the power to obtain fiduciary insurance. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  134. 31699.2.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.2. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board members” means the retirement system board and the individual members of that board or the individual members of a postemployment health benefits fund board, as applicable. (b) “Employee,” except as used in subdivision (g), means a former or retired employee of a local public agency and his or her spouse and dependents who are eligible for retiree health benefits provided by that public agency. (c) “Postemployment health benefits fund” means the fund established by the retirement system board as a legal entity separate from the retirement system that is used for the collective investment of assets held solely for providing health benefits to employees of a local public agency. (d) “Postemployment health benefits fund board” means the governing board of the postemployment health benefits fund. (e) “Public agency” means any local public agency, as defined in Section 53630. (f) “Retirement system board” means the governing board of the retirement system. (g) “Staff” means the officers and employees of the retirement system or of the postemployment health benefits fund, as applicable. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  135. 31699.20.

    ## 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 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    This article is named the County Retirement System Dental Care Program.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.20. This article shall be known and may be cited as the County Retirement System Dental Care Program. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  136. 31699.21.

    ## 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 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    A retired member of a county retirement system may enroll in the dental care program if the program’s eligibility requirements 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 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.21. A retired member of a county retirement system covered by this chapter may enroll in a dental care program offered pursuant to this article, subject to meeting the eligibility requirements established for the program. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  137. 31699.22.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    A retired member who chooses to participate in the program must pay the premiums.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.22. A retired member who elects to participate in the program shall be solely responsible for the payment of premiums. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  138. 31699.23.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    Benefits under this article are added on top of any other benefits already provided in the chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.23. The benefits in this article are in addition to any other benefits provided in this chapter. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  139. 31699.24.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    The board of retirement may contract with a third-party administrator to provide dental care for retired members, their survivors, and eligible dependents.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.24. The board of retirement may contract with a third-party administrator to provide dental care to the retired member, his or her survivors, and his or her eligible dependents. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  140. 31699.25.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. )

    Verify source ↗

    Dental benefits under this article may be revised or discontinued 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 8.11. Dental Care [31699.20 - 31699.25] ( Article 8.11 added by Stats. 2012, Ch. 59, Sec. 4. ) ## 31699.25. The provision of dental benefits in accordance with this article may be revised or discontinued at any time. (Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
  141. 31699.3.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    This section says the retirement system board may establish a postemployment health benefits fund for public agencies.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.3. The purpose of this article is to allow the retirement system board to establish a postemployment health benefits fund for public agencies that would enable the agencies to do all of the following: (a) Combine for investment the assets that the agencies set aside to provide for retiree health benefits. (b) Take advantage of economies of scale. (c) Use existing investment expertise to reduce the cost of funding for retiree health benefits and increase the security of public retirees and their dependents in those benefits. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  142. 31699.4.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The retirement system board may create a postemployment health benefits fund, and the fund board must administer it and handle assets only for specified health-benefit purposes.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.4. (a) (1) The retirement system board may establish, by resolution, a postemployment health benefits fund for the collective investment of assets held in trust solely for the exclusive benefit of providing health benefits to employees of any local public agency. (2) The postemployment health benefits fund board shall be composed of the same members that compose the retirement system board. The postemployment health benefits fund board shall have the sole and exclusive responsibility and discretion for administration of the postemployment health benefits fund. However, the retirement system board may terminate the fund in its discretion at any time. (b) The postemployment health benefits fund shall be established and administered to comply with the requirements of Governmental Accounting Standards Board Statements No. 43 and No. 45 (GASB 43 and 45) for assets held by the postemployment health benefits fund to be treated as plan assets, to the extent reasonably practicable. (c) The assets in the postemployment health benefits fund shall be irrevocably held for the exclusive purposes of providing health benefits to employees of the participating public agencies, and to defray the reasonable expenses of administering the fund. The postemployment health benefits fund board may require that all assets transferred to it on behalf of a participating public agency be transferred from a trust fund that meets the requirements of GASB 43 and 45 for assets to be treated as plan assets, including that the assets of the trust fund be held for the exclusive purpose of providing health benefits to employees of a local public agency. (d) The retirement system board shall determine, at its sole discretion, the form of the postemployment health benefits fund, which may be one or more trusts that are established under Section 115 of the Internal Revenue Code or any other form or forms chosen. The retirement system board may take any and all actions necessary or appropriate to implement the postemployment health benefits fund, including, but not limited to, establishing one or more joint powers authorities, partnerships, common trust funds, or other mechanisms in order to combine or commingle the assets held by the fund for investment purposes. (e) A public agency, or the trustees of a trust fund that has transferred assets to the postemployment health benefits fund, may, in accordance with rules established by the postemployment health benefits fund board, direct that all or part of the assets allocated to the account of that agency or trust be transferred to another fund that is maintained by the agency that holds those assets solely for the exclusive purpose of providing health benefits to employees of the agency. Upon termination of the postemployment health benefits fund by the retirement system board, the postemployment health benefits fund board shall retain an amount sufficient to pay reasonable costs and expenses of operating and terminating the postemployment health benefits fund, and thereafter shall transfer any remaining assets allocated to the account of each participating public agency only to another fund maintained by the agency that holds those assets solely for the exclusive purpose of providing health benefits to employees of the agency. If a participating agency does not maintain a fund for that exclusive purpose, the postemployment health benefits fund board shall transfer the assets allocated to the public agency’s account to a trust account maintained by a bank for the exclusive purpose of providing health benefits to employees of the agency. The bank shall have net assets of at least five hundred million dollars ($500,000,000). The postemployment health benefits fund board shall be reimbursed from the assets of the postemployment health benefits fund allocated to the public agency for all direct and indirect costs of establishing and transferring fund assets to a bank trust account. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  143. 31699.5.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    Investments of the postemployment health benefits fund must follow specified fiduciary investment standards, even though the fund is used for retiree health 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.5. The investment of the assets in the postemployment health benefits fund shall be subject to the fiduciary standards governing investments under Section 17 of Article XVI of the California Constitution, as those standards apply to the management of investments of the retirement system governed by the board, notwithstanding that assets in the postemployment health benefits fund will be used to provide retiree health benefits and not retirement allowances. Each public agency and trust fund, and each governing body and member thereof, that participates in the postemployment health benefits fund shall be conclusively determined to have accepted and approved the applicability of the investment standards set forth in this article. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  144. 31699.6.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The fund board must determine fund investments and may delegate that function; both boards may offer investment pools, invest assets, combine or commingle assets for investment, and use parallel investing.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.6. (a) The postemployment health benefits fund board shall determine the investments of the postemployment health benefits fund and may delegate this function to the extent consistent with its fiduciary responsibilities, including delegating this function to the retirement system board. (b) The postemployment health benefits fund board may offer different investment pools to be chosen by the public agencies and their trust funds that participate in the postemployment health benefits fund. (c) To the extent allowed by California law and federal law, including, but not limited to, federal tax and securities law, the postemployment health benefits fund board may invest the assets that it holds, and the retirement system board may invest the assets that it holds, in investment pools established under this article, and each of those boards may combine or commingle, for investment purposes only, the assets that it holds with the assets held by the other board. The postemployment health benefits fund board and the retirement system board may take any and all actions necessary or appropriate to implement that combination or commingling, including, but not limited to, unitizing the investments held for retirement purposes. (d) The retirement system board may invest the assets that it holds for retirement purposes, and the postemployment health benefits fund board may invest the assets held in the postemployment health benefits fund in the same or similar investments by parallel investing rather than commingling the assets for investment. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  145. 31699.7.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The board must set participation terms for public agencies and their trust funds, keep separate accounts, report expenses on a monthly and annual basis, and adopt administration rules 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.7. (a) The postemployment health benefits fund board shall establish the terms and conditions for a public agency and its trust fund to participate in the postemployment health benefits fund, including, but not limited to, eligibility to participate, amount of assets transferred to the fund, investments, withdrawal, transfer of assets to or from the fund, termination of participation, and reporting to the public agency. (b) The postemployment health benefits fund board shall account separately for each public agency and its trust fund with respect to contributions, withdrawals, earnings, losses, fees paid to third-party vendors, expenses, and all other relevant items. Any expenses charged to the postemployment health benefits fund by the retirement system shall be reported at least monthly by the postemployment health benefits board in its public records and shall be reported at least annually to each agency or trust that participates in the postemployment health benefits fund. The portion of the postemployment health benefits fund that is attributable to each public agency and its trust fund after the accounting, including each agency’s and trust fund’s allocated share of expenses as provided in this section, shall be used only for the exclusive benefit of the employees of that agency. (c) The postemployment health benefits fund board shall, by resolution, establish all rules, regulations, or bylaws for the administration of the postemployment health benefits fund, including any revision that it deems appropriate, and shall have sole discretion to interpret those rules, regulations, or bylaws. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  146. 31699.8.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The fund’s sole function is to invest certain public-agency assets, and the fund and retirement system are not liable for specified benefits in the situations described.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.8. (a) The sole function of the postemployment health benefits fund shall be to invest assets of participating public agencies and their trust funds that are held for the exclusive benefit of agency employees. The postemployment health benefits fund shall not have any liability for benefits that are provided by any agency or trust that transfers assets to the postemployment health benefits fund for investment. Additionally, the retirement system shall not have any liability for those benefits. (b) The transfer of assets to or from the postemployment health benefits fund, and the investment of assets by that fund, shall not change the obligation of any agency for retiree health benefits, shall not create any obligations on the part of the retirement systems for retiree health benefits, and shall not create any obligation on the part of a postemployment health benefits fund for any pension or annuity benefits. (c) The retirement system and the postemployment health benefits fund are separate legal entities, and they and their boards, board members, and staffs, are liable only for their own actions or failures to act. Any liability shall be determined in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1. Any of those claims or causes of action shall accrue in accordance with Division 3.6 (commencing with Section 810) of Title 1. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  147. 31699.9.

    ## 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. )

    Verify source ↗

    The retirement system board must allocate administration expenses on a reasonable basis, and it may pay certain startup and initial administrative expenses and assess participating agencies and trusts for 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 8.10. Post-Employment Health Benefits: San Bernardino County Alternative Fund [31699.1 - 31699.10] ( Article 8.10 added by Stats. 2009, Ch. 326, Sec. 1. ) ## 31699.9. (a) Expenses of administration of this article shall be allocated by the retirement system board, in its discretion and on a reasonable basis, among the postemployment health benefits fund, the retirement system, and the accounts of the public agencies and trust funds that participate in the postemployment health benefits fund. (b) The establishment of the postemployment health benefits fund will enable the sharing of expenses of administration and investment, bringing economies of scale and better use of investment expertise to the retirement system. Consequently, the retirement system board may pay the startup and initial administrative expenses for the fund if the retirement system board determines that this expenditure is in the long-term best interests of the members and beneficiaries of the retirement system, and the employers that participate in that system. The board may also assess participating agencies and trusts for all or a portion of those expenses. (Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
  148. 31700.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county retirement members may elect deferred retirement in writing, and some members are treated as having elected it if they do not act.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31700. (a) Any member, whether over or under the minimum age of voluntary service retirement, who leaves county service after completing five years of service or who leaves county service and within 90 days, or six months if Section 31840.4 applies, becomes a member of the Public Employees’ Retirement System, a retirement system established under this chapter in another county, the State Teachers’ Retirement System, or a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2, may elect in writing, within 90 days after establishing eligibility for reciprocity, to leave his or her accumulated contributions in the retirement fund and be granted a deferred retirement allowance to become effective either: (1) Upon the option of the member, at any time at which he or she could have retired had he or she remained in county service in a full-time position. (2) Not later than the first day of the month following that in which he or she attains the applicable compulsory retirement age, if any. (b) Any member who is eligible to be granted a deferred retirement allowance under subdivision (a) because he or she has completed five years of service but who fails to so elect, shall be deemed to have elected a deferred retirement. (c) Any member, regardless of service, whose retirement system coverage ceases but who does not terminate employment shall leave his or her accumulated contributions in the retirement fund, and interest shall continue to be credited pursuant to Section 31591, until the member retires or terminates employment. (Amended by Stats. 2000, Ch. 966, Sec. 5. Effective January 1, 2001.)
  149. 31700.5.

    ## 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 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member who resigns for a deferred retirement to take certain court appointments in a reciprocal county keeps continuity of service and may be reinstated within 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 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31700.5. Notwithstanding any other provisions of this chapter, any member with more than 10 years service who resigns his position and is granted a deferred retirement under this chapter, to accept an appointment by any court of record or judge thereof in a reciprocal county, shall not be considered as breaking his continuity of service and such member shall be eligible for reinstatement within five years to the position from which he resigned or one in a lower class in the same or related series requiring similar qualifications, knowledges and abilities. The intent provision of Article 15 of this chapter shall apply to this section. (Added by Stats. 1970, Ch. 821.)
  150. 31701.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may rescind a retirement election in writing and withdraw accumulated contributions before retirement takes effect, but not if the member falls within the stated 90-day post-discontinuance condition.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31701. Any member may elect to rescind in writing his election and withdraw his accumulated contributions pursuant to Section 31628 at any time before the effective date of his retirement except that if within 90 days after discontinuing service under this system, he became a member of the State Employees’ Retirement System or a system established in another county under this chapter, he may not rescind or withdraw any of his accumulated contributions while in service as such a member. (Amended by Stats. 1959, Ch. 1078.)
  151. 31702.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member dies before deferred retirement takes effect, the member’s accumulated contributions must be paid to the estate or to a person named in a written designation filed with the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31702. Upon the death of any member before the effective date of his deferred retirement allowance, his accumulated contributions shall be paid to his estate or to such person as he nominates by written designation duly executed and filed with the board. (Added by Stats. 1947, Ch. 424.)
  152. 31703.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members become entitled to a retirement allowance when their deferred retirement allowance takes effect, and some members get a special computation rule if they elected deferred retirement while subject to Section 31751.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31703. Any member upon the effective date of the member’s deferred retirement allowance shall be entitled to receive a retirement allowance as provided in Sections 31662 to 31664.65, inclusive, Sections 31673 to 31677, inclusive, or Section 31751, or Section 31808.5, or Section 31808.6, whichever is applicable. Any member who elected deferred retirement while subject to Section 31751 shall have a retirement allowance computed in accordance with Sections 31676.11 and 31808 for service which occurred prior to the date Section 31751 was applicable to the member. (Amended by Stats. 1980, Ch. 58.)
  153. 31704.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

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    A member who chooses certain deferred retirement calculation options must submit the election in writing to the board at least six months before the allowance starts.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31704. If any member elects to have his or her deferred retirement allowance calculated in accordance with Section 31762, 31763, 31764, or 31764.5, he or she shall present his or her election in writing to the board at least six months prior to the effective date of his or her deferred retirement allowance. (Amended by Stats. 2004, Ch. 441, Sec. 3. Effective January 1, 2005.)
  154. 31705.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

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    The retirement allowance must be calculated under whichever rules are applicable—the chapter or the California Public Employees’ Pension Reform Act of 2013—as they existed when the retirement allowance began.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31705. The retirement allowance shall be calculated according to the provisions of this chapter, or the California Public Employees’ Pension Reform Act of 2013, whichever is applicable, as they exist at the time of the commencement of the retirement allowance. (Amended by Stats. 2013, Ch. 247, Sec. 43. (AB 1380) Effective January 1, 2014.)
  155. 31706.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. )

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    The board must notify certain deferred-retirement members in writing at age 70, by certified mail, and the retirement system must start paying or deposit benefits if the member does not make a proper application by the required 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 9. Deferred Retirement [31700 - 31706] ( Article 9 added by Stats. 1947, Ch. 424. ) ## 31706. Any member who has left county service and has elected to leave accumulated contributions in the retirement fund, or who is deemed to have elected a deferred retirement pursuant to subdivision (b) of Section 31700, and who has attained 70 years of age but has not yet applied for a deferred retirement allowance, and who is not a reciprocal member of a retirement system established pursuant to this chapter or the Public Employees’ Retirement Law, shall be notified in writing by the board that the member is eligible to apply for, and shall begin receiving, either a deferred retirement allowance by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code or a one-time distribution of all accumulated contributions and interest. The notification shall be made at the time the deferred member attains 70 years of age and shall be sent by certified mail to the member’s last known address, or to the member’s last known employer, as shown by the records of the retirement system. If the member can be located but does not make proper application for a deferred retirement allowance with retirement to be effective by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, the retirement system shall commence paying either an unmodified allowance to the member, if the member was eligible to begin receiving a deferred retirement allowance under the provisions of Section 31485.22, or a one-time distribution of all accumulated contributions and interest if the member is otherwise ineligible for a deferred retirement allowance. If the member cannot be located by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, all of the member’s accumulated contributions and interest thereon shall be deposited in, and become a part of, the current pension reserve fund of the retirement system. The board may at any time after transfer of proceeds to the reserve fund upon receipt of proper information satisfactory to it, redeposit the proceeds to the credit of the claimant, to be administered in the manner provided under this law. This section shall not apply to a member while the member is actively employed past mandatory retirement age in a retirement system established under the provisions of this chapter or the Public Employees’ Retirement Law. (Amended by Stats. 2023, Ch. 159, Sec. 13. (SB 885) Effective January 1, 2024.)
  156. 31720.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    A permanently incapacitated member must be retired for disability if the injury or disease arose out of employment and substantially contributed to the incapacity, or if the member has five years of service and has not waived retirement for that incapacity.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720. Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if: (a) The member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and such employment contributes substantially to such incapacity, or (b) The member has completed five years of service, and (c) The member has not waived retirement in respect to the particular incapacity or aggravation thereof as provided by Section 31009. The amendments to this section enacted during the 1979–80 Regular Session of the Legislature shall be applicable to all applicants for disability retirement on or after the effective date of such amendments. (Amended by Stats. 1980, Ch. 240.)
  157. 31720.1.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    A member covered by Section 31751 who is permanently incapacitated must be retired for disability, regardless of age, if either the incapacity is caused by work-related injury or disease or the member has completed 10 years 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.1. Notwithstanding Section 31720, any member covered under Section 31751 who is permanently incapacitated shall be retired for disability regardless of age if, and only if: (a) The member’s incapacity is substantially caused by injury or disease arising out of and in the course of the member’s employment, or (b) The member has completed a total of 10 years of service. “Permanently incapacitated,” for the purpose of this section, means that the member is unable permanently to engage in any substantial gainful employment. (Added by Stats. 1980, Ch. 58.)
  158. 31720.3.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    When deciding disability retirement eligibility, the board may not rely on medical opinions unless they are competent, and may not treat disability retirement as a substitute for the employer’s disciplinary process.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.3. In determining whether a member is eligible to retire for disability, the board shall not consider medical opinion unless it is deemed competent and shall not use disability retirement as a substitute for the employer’s disciplinary process. (Added by Stats. 2008, Ch. 370, Sec. 4. Effective January 1, 2009.)
  159. 31720.4.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    A qualifying county or district member who becomes permanently incapacitated from injury or disease incurred during active military service while on military leave must be retired for nonservice-connected disability, and a qualifying surviving spouse is entitled to the combined benefit under Section 31781.3.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.4. (a) Notwithstanding subdivision (b) of Section 31720, a member who becomes permanently incapacitated for the performance of duty with his or her employing county or district as a direct consequence and result of injury or disease arising out of, and in the course of, active military service while on miliary leave from the county or district, shall be retired for nonservice-connected disability regardless of age or years of service. (b) Notwithstanding any provision to the contrary in Section 31781.3, the surviving spouse of a member who dies as a direct consequence and result of injury or disease arising out of, and in the course of, active military service while on miliary leave from his or her employing county or district, shall be entitled to the combined benefit under Section 31781.3 regardless of the member’s years of service at the time of death. (c) For the purposes of this section: (1) “Active military service” means full-time duty within a branch of the Armed Forces of the United States. (2) “Military leave” means an authorized leave of absence taken from a member’s employing county or district as a result of a member being called to active military service because of his or her position as a reservist or member of the National Guard. (d) This section shall apply only to the County of Los Angeles and shall not be operative with regard to the county, or a district within the county, until the board of supervisors of the county, or the governing body of the district, elects, by resolution adopted by a majority vote, to make this section operative. The adoption of a resolution making this section operative shall not create a vested right with respect to any member prior to the member’s retirement or death. The board of supervisors or the governing body of the district may repeal or amend the resolution at any time, except to the extent that it would affect a member who is retired or is deceased at the time of the repeal or amendment. (Added by Stats. 2010, Ch. 83, Sec. 1. (AB 1739) Effective January 1, 2011.)
  160. 31720.5.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Certain safety members, firefighter members, and active law enforcement members with five or more years of service are presumed to have work-related heart trouble, unless the presumption is rebutted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.5. (a) If a safety member, a firefighter member, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200) or both or under this retirement system or under the State Employees’ Retirement System or under a retirement system established under this chapter in another county, and develops heart trouble, that heart trouble developing or manifesting itself in those cases shall be presumed to arise out of and in the course of employment. That heart trouble developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to such development or manifestation. (b) The presumption described in subdivision (a) is rebuttable by other evidence. Unless so rebutted, the board is bound to find in accordance with the presumption. (c) As used in this section, “firefighter member” includes a member engaged in active fire suppression who is not classified as a safety member. (d) As used in this section, “member in active law enforcement” includes a member engaged in active law enforcement who is not classified as a safety member. (e) The presumption described in subdivision (a) shall additionally apply to a firefighter member or member in active law enforcement following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date that member actually worked as a firefighter member or member in active law enforcement. (Amended by Stats. 2023, Ch. 554, Sec. 1. (AB 1020) Effective January 1, 2024.)
  161. 31720.6.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Certain qualifying safety members, firefighters, and active law-enforcement members are presumed to have job-related cancer, and may receive service-connected disability retirement if they prove exposure to a known carcinogen and permanent incapacity.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.6. (a) If a safety member, a firefighter, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200) or both or under this retirement system or under the Public Employees’ Retirement System or under a retirement system established under this chapter in another county, and develops cancer, the cancer so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of employment. The cancer so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation. (b) Notwithstanding the existence of nonindustrial predisposing or contributing factors, any safety member, firefighter member, or member active in law enforcement described in subdivision (a) permanently incapacitated for the performance of duty as a result of cancer shall receive a service-connected disability retirement if the member demonstrates that he or she was exposed to a known carcinogen as a result of performance of job duties. “Known carcinogen” for purposes of this section means those carcinogenic agents recognized by the International Agency for Research on Cancer, or the Director of the Department of Industrial Relations. (c) The presumption is disputable and may be controverted by evidence, that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer, provided that the primary site of the cancer has been established. Unless so controverted, the board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) “Firefighter,” for purposes of this section, includes a member engaged in active fire suppression who is not classified as a safety member. (e) “Member in active law enforcement,” for purposes of this section, includes a member engaged in active law enforcement who is not classified as a safety member. (Amended by Stats. 2000, Ch. 317, Sec. 2. Effective January 1, 2001.)
  162. 31720.7.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Covered public safety and law enforcement members get a presumption that certain blood-borne diseases or MRSA skin infections arose from employment, and qualifying permanent incapacity requires service-connected 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.7. (a) If a safety member, a firefighter, a county probation officer, or a member in active law enforcement develops a blood-borne infectious disease or a methicillin-resistant Staphylococcus aureus skin infection, the disease or skin infection so developing or manifesting itself in those cases shall be presumed to arise out of, and in the course of, employment. The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation. (b) Any safety member, firefighter, county probation officer, or member active in law enforcement described in subdivision (a) permanently incapacitated for the performance of duty as a result of a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall receive a service-connected disability retirement. (c) (1) The presumption described in subdivision (a) is rebuttable by other evidence. Unless so rebutted, the board is bound to find in accordance with the presumption. (2) The blood-borne infectious disease presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (3) Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a member following termination of service for a period of 90 days commencing with the last day actually worked in the specified capacity. (d) “Blood-borne infectious disease,” for purposes of this section, means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including, but not limited to, those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations. (e) “Member in active law enforcement,” for purposes of this section, means members employed by a sheriff’s office, by a police or fire department of a city, county, city and county, district, or by another public or municipal corporation or political subdivision or who are described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or who are employed by any county forestry or firefighting department or unit, except any of those members whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement services or active firefighting services, such as stenographers, telephone operators, and other office workers, and includes a member engaged in active law enforcement who is not classified as a safety member. (Amended by Stats. 2008, Ch. 684, Sec. 1. Effective January 1, 2009.)
  163. 31720.9.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Covered peace officer and firefighter members who become ill, die, or become permanently incapacitated from exposure to a biochemical substance are protected by a presumption and may receive service-connected 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.9. (a) If a peace officer member, as defined in Sections 830.1 to 830.5, inclusive, of the Penal Code, or firefighter member, with service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200), or both, or under this retirement system, under the Public Employees’ Retirement System, or under a retirement system established under this chapter in another county, becomes ill or dies due to exposure to a biochemical substance, the illness that develops or manifests itself in those cases shall be presumed to arise out of, and in the course of, employment. The illness that develops or manifests itself in those cases shall in no case be attributed to any illness existing prior to that development or manifestation. (b) Any peace officer member or firefighter member, as described in subdivision (a), who becomes permanently incapacitated as a result of exposure to a biochemical substance shall receive a service-connected disability retirement. (c) The presumption described in subdivision (a) is rebuttable by other evidence. Unless rebutted, the board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) For purposes of this section, a peace officer member or firefighter member, as described in subdivision (a), does not include a member whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement services or active firefighting services, such as stenographers, telephone operators, and other office workers. (e) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. (Added by Stats. 2002, Ch. 870, Sec. 1. Effective January 1, 2003.)
  164. 31720.91.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section presumes a qualifying disability arose from employment, unless the presumption is rebutted by contrary evidence.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.91. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For purposes of this section: (1) “Injury” means “post-traumatic stress disorder,” as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period while a member is in the service of a department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212.15 of the Labor Code. (d) The presumption described in subdivision (a) shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not to exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 117, Sec. 8. (AB 2770) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  165. 31720.92.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A disability retirement presumption applies for certain members, and the board must follow it unless rebutted by contrary evidence.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.92. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For purposes of this section: (1) “Injury” means tuberculosis that develops or manifests itself during a period while a member is in the service of a department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212.6 of the Labor Code. (d) The presumption described in subdivision (a) shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 3. (AB 1020) Effective January 1, 2024.)
  166. 31720.93.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section creates a presumption that certain disability retirements from the system arose out of or in the course of employment, unless rebutted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.93. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For the purpose of this section: (1) “Injury” means meningitis that develops or manifests itself during a period while a member is in the service of a department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212.9 of the Labor Code. (d) The presumption described in subdivision (a) shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 4. (AB 1020) Effective January 1, 2024.)
  167. 31720.94.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section presumes a qualifying disability retirement for certain members with skin cancer, unless the presumption is rebutted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.94. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For the purpose of this section: (1) “Injury” means skin cancer that develops or manifests itself during a period while a member is in the service of that department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212.11 of the Labor Code. (d) This section shall only apply to a member employed for 3 consecutive months in a calendar year in a job classification listed in paragraph (2) of subdivision (c). (e) The presumption described in subdivision (a) shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 5. (AB 1020) Effective January 1, 2024.)
  168. 31720.95.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section presumes a qualifying disability retirement injury arose from employment, and the board must follow that presumption unless it is rebutted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.95. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For the purpose of this section: (1) “Injury” means Lyme disease that develops or manifests itself during a period while a member is in the service of a department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212.12 of the Labor Code. (d) The presumption described in subdivision (a) shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 6. (AB 1020) Effective January 1, 2024.)
  169. 31720.96.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A disability retirement presumption applies to qualifying members, and the board must follow it unless it is controverted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.96. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For the purpose of this section: (1) “Injury” means lower back impairments that develop or manifest itself during a period while a member is in the service of a department, office, or unit, consistent with paragraph (2). (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3213.2 of the Labor Code. (d) This section shall apply to a member who has been employed for at least five years on a full-time basis in the classification specified in paragraph (2) of subdivision (c) and has been required to wear a duty belt as a condition of employment. (e) This presumption shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 7. (AB 1020) Effective January 1, 2024.)
  170. 31720.97.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A disability retirement presumption applies for certain qualifying members when the disability is due to an injury, and the board must follow it unless there is contrary evidence.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31720.97. (a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member’s employment. (b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption. (c) For the purpose of this section: (1) “Injury” means hernia or pneumonia. (2) “Member” means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212 of the Labor Code. (d) This presumption shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c). (Added by Stats. 2023, Ch. 554, Sec. 8. (AB 1020) Effective January 1, 2024.)
  171. 31721.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section lets a member be retired for disability and requires an employer to apply for disability retirement for an eligible member believed to be disabled, while generally forbidding disability-based separation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31721. (a) A member may be retired for disability upon the application of the member, the head of the office or department in which he is or was last employed, the board or its agents, or any other person on his behalf, except that an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any eligible member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Article 9 (commencing with Section 31700). (b) When a member appeals from a separation for disability, disputing the employer’s assertion or assumption that he is not eligible for disability retirement, the official, entity other than the board, or court to whom appealed shall transfer the proceedings to the board for determination of the eligibility and of disability if so eligible. The appointing authority shall have the burden of proving disability. Thereafter, the appellant shall have the burden of proving job causation. This subdivision shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions applicable in that county. (Amended by Stats. 1981, Ch. 1158, Sec. 1.)
  172. 31722.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member must make the disability retirement application while in service, or within the stated four-month windows after service ends or after an extended presumption period ends, unless continuously incapacitated in the interim.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31722. The application shall be made while the member is in service, within four months after his or her discontinuance of service, within four months after the expiration of any period during which a presumption is extended beyond his or her discontinuance of service, or while, from the date of discontinuance of service to the time of the application, he or she is continuously physically or mentally incapacitated to perform his or her duties. (Amended by Stats. 2000, Ch. 317, Sec. 3. Effective January 1, 2001.)
  173. 31723.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may require proof, including a medical examination, and may order a medical examination on its own motion to determine whether the disability exists.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31723. The board may require such proof, including a medical examination at the expense of the member, as it deems necessary or the board upon its own motion may order a medical examination to determine the existence of the disability. (Added by Stats. 1947, Ch. 424.)
  174. 31724.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must retire a member when the proof shows permanent physical or mental incapacity, and the disability retirement timing is tied to the application date, regular compensation, and any sick leave.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31724. If the proof received, including any medical examination, shows to the satisfaction of the board that the member is permanently incapacitated physically or mentally for the performance of his duties in the service, it shall retire him effective on the expiration date of any leave of absence with compensation to which he shall become entitled under the provisions of Division 4 (commencing with Section 3201) of the Labor Code or effective on the occasion of the member’s consent to retirement prior to the expiration of such leave of absence with compensation. His disability retirement allowance shall be effective as of the date such application is filed with the board, but not earlier than the day following the last day for which he received regular compensation. Notwithstanding any other provision of this article, the retirement of a member who has been granted or is entitled to sick leave shall not become effective until the expiration of such sick leave with compensation unless the member consents to his retirement at an earlier date. When it has been demonstrated to the satisfaction of the board that the filing of the member’s application was delayed by administrative oversight or by inability to ascertain the permanency of the member’s incapacity until after the date following the day for which the member last received regular compensation, such date will be deemed to be the date the application was filed. (Amended by Stats. 1974, Ch. 9.)
  175. 31725.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board decides permanent incapacity. If a disability application is denied, the employer must be notified. The employer may seek judicial review within 30 days, and if review is not filed or the writ is denied after a disability dismissal, the employer must reinstate the member.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725. Permanent incapacity for the performance of duty shall in all cases be determined by the board. If the medical examination and other available information do not show to the satisfaction of the board that the member is incapacitated physically or mentally for the performance of his duties in the service and the member’s application is denied on this ground the board shall give notice of such denial to the employer. The employer may obtain judicial review of such action of the board by filing a petition for a writ of mandate in accordance with the Code of Civil Procedure or by joining or intervening in such action filed by the member within 30 days of the mailing of such notice. If such petition is not filed or the court enters judgment denying the writ, whether on the petition of the employer or the member, and the employer has dismissed the member for disability the employer shall reinstate the member to his employment effective as of the day following the effective date of the dismissal. (Amended by Stats. 1970, Ch. 1016.)
  176. 31725.5.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    This section limits disability retirement when a county employee can be moved to other suitable county duties, and it requires payment rules for any lower pay in the new position.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725.5. If the board finds, on medical advice, that a member in county employment, although incapacitated for the performance of his duties, is capable of performing other duties in the service of the county, the member shall not be entitled to a disability retirement allowance if any competent authority in accordance with any applicable civil service or merit system procedures offers and he accepts a transfer, reassignment, or other change to a position with duties within his capacity to perform with his disability. If this new position returns to the member compensation less than that of the position from which he was disabled, the board, in lieu of a disability retirement allowance, shall pay him the difference in such compensation until the compensation of the new position equals or exceeds the compensation (including later changes) of the former position, but such amount shall not exceed the amount to which he would otherwise be entitled as a disability retirement allowance. Such payments in lieu of disability retirement allowance shall be considered as a charge against county advance reserve for current service. If a new position cannot be arranged at the time of eligibility for disability retirement allowance, such disability retirement allowance to which the member is entitled under this article shall be paid until such time as a new position is available and accepted. If a disability retirement allowance is paid and the member later accepts such a new position, the period while on disability retirement shall not be considered as breaking the continuity of service and his rate of contributions shall be based on the same age as it was at the date of disability. The member’s accumulated contributions shall be the same as at the date his disability retirement began less the amount charged to his accumulated normal contributions. Nothing in this section shall be construed to require a member to accept reassignment or transfer in lieu of a disability retirement allowance. The provisions of this section become effective in any county only when the board of supervisors adopts an ordinance providing for their implementation by the board of retirement which may include application to persons retired for disability before such effective date. The provisions of this section shall only apply to members eligible to retire for nonservice-connected disability. (Amended by Stats. 1980, Ch. 720.)
  177. 31725.6.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    If a county employee is found incapacitated but able to do other work, the board and agency must start a rehabilitation process, and disability payments change when the employee begins the approved job.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725.6. (a) When the board finds, based on medical advice, that a member in county service is incapacitated for the performance of the member’s duties, the board shall determine, based upon that medical advice, whether the member is capable of performing other duties. If the board determines that a member, although incapacitated for the performance of the member’s duties, is capable of performing other duties, the board shall inform the appropriate agency in county service of its findings and request that the agency immediately initiate a suitable rehabilitation program for the member pursuant to Section 139.5 of the Labor Code, whereby the member could become qualified for assignment to a position in county service consistent with the rehabilitation program. (b) When the appropriate agency in county service receives such a request from the board, the agency shall immediately refer the member to a qualified rehabilitation representative for vocational evaluation. During the course of the evaluation, the rehabilitation representative shall consult with the appropriate agency in county service to determine what position, if any, in county service would be compatible with the member’s aptitudes, interests, and abilities and whether rehabilitation services will enable the member to become qualified to perform the duties of the position. (c) Upon completion of the vocational evaluation of the member, the rehabilitation representative shall develop a suitable rehabilitation plan and submit the plan for concurrence by the member and the appropriate agency in county service and, thereafter, the agency shall forward the plan to the Division of Industrial Accidents for approval pursuant to Section 139.5 of the Labor Code. (d) Upon receipt of approval of the rehabilitation plan, the appropriate agency in county service shall notify the board that the agency is either proceeding to implement an approved rehabilitation plan that will qualify the member for a position in county service specified in the plan or is unable to provide a position in county service compatible with the approved rehabilitation plan. (e) Upon commencement of service by the member in the position specified in the approved rehabilitation plan, the member shall not be paid the disability retirement allowance to which the member would otherwise be entitled during the entire period that the member remains in county service. However, if the compensation rate of the position specified in the approved rehabilitation plan is less than the compensation rate of the position for which the member was incapacitated, the board shall, in lieu of the disability retirement allowance, pay to the member a supplemental disability allowance in an amount equal to the difference between the compensation rate of the position for which the member was incapacitated, applicable on the date of the commencement of service by the member in the position specified in the approved rehabilitation plan, and the compensation rate of the position specified in the plan, applicable on the same date. The supplemental disability allowance shall be adjusted annually to equal the difference between the current compensation rate of the position for which the member was incapacitated and the current compensation of the position specified in the approved rehabilitation plan. The supplemental disability allowance payments shall commence upon suspension of the disability retirement allowance and the amount of the payments shall not be greater than the disability retirement allowance to which the member would otherwise be entitled. Supplemental disability allowance payments made pursuant to this section shall be considered as a charge against the county advance reserve for current service, and all of these payments received by a member shall be considered as a part of the member’s compensation within the meaning of Section 31460. (f) From the time that the member is eligible to receive a disability retirement allowance until the appropriate agency is able to provide the position in county service specified in the approved rehabilitation plan, and the member has commenced service in that position, the disability retirement allowance to which the member is entitled under this article shall be paid. Upon commencement of service by the member in the position specified in the approved rehabilitation plan, the period during which the member was receiving disability retirement payments shall not be considered as breaking the continuity of the member’s service, and the rate of the member’s contributions shall continue to be based on the same age at entrance into the retirement system as the member’s rates were based on prior to the date of the member’s disability. The member’s accumulated contributions shall not be reduced as a result of the member receiving the disability retirement payments, but shall be increased by the amount of interest that would have accrued had the member not been retired. (g) Notwithstanding Section 31560, a member whose principal duties, while serving in the position for which the member was incapacitated, consisted of activities defined in Section 31469.3 shall, upon commencement of service by the member in the position specified in the approved rehabilitation plan, continue to be considered as satisfying the requirements of Section 31560, notwithstanding the actual duties performed during the entire period that the member remains in county service. (h) If, within one year from the date that the member has been eligible for a disability retirement allowance, the appropriate agency in county service has offered to the member, in writing, the position specified in the rehabilitation plan which had previously been concurred, in writing, by the member and approved by the Division of Industrial Accidents pursuant to Section 139.5 of the Labor Code, the member shall, within 30 days of receipt of the notice, report for duty at the location specified in the notice. If the member refuses to report for duty within the time specified, the appropriate agency in county service may apply to the board to have the member’s allowance discontinued. The board shall be authorized to discontinue the member’s disability retirement allowance if based upon substantial evidence of the refusal of the member to report to work without reasonable cause. However, the board shall not be authorized to impair any other of the rights or retirement benefits to which the member would otherwise be entitled. (i) This section shall apply only to members who were incapacitated for the performance of the member’s duties prior to January 1, 2004, and who are eligible to retire for service-connected disability. (Amended by Stats. 2004, Ch. 379, Sec. 1. Effective August 30, 2004.)
  178. 31725.65.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    If a county member is medically found unable to do the member’s duties but able to do other work, the board and agency must work through a reemployment plan. Once the member starts the new job, disability retirement payments stop, and a supplemental allowance may replace them if the new pay is lower.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725.65. (a) When the board finds, based on medical advice, that a member in county service is incapacitated for the performance of the member’s duties, the board shall determine, based upon that medical advice, whether the member may be capable of performing other duties. If the board determines that a member, although incapacitated for the performance of the member’s duties, is capable of performing other duties, the board shall notify the appropriate agency in county service of its findings. (b) When the appropriate agency in county service receives that notification from the board, the agency shall immediately inform the member of any vacant county positions that may be suitable for the member, consistent with his or her disability, and shall consult with the member in an effort to develop a reemployment plan that shall identify what position, if any, in county service would be compatible with the member’s aptitudes, interests, and abilities. (c) Upon approval by the member of the reemployment plan, the appropriate agency in county service shall notify the board that the agency is proceeding to implement the approved reemployment plan. (d) Upon commencement of service by the member in the position specified in the approved reemployment plan, the member shall not be paid the disability retirement allowance to which the member would otherwise be entitled during the entire period that the member remains in county service. However, if the compensation rate of the position specified in the approved reemployment plan is less than the compensation rate of the position for which the member was incapacitated, the board shall, in lieu of the disability retirement allowance, pay to the member a supplemental disability allowance in an amount equal to the difference between the compensation rate of the position for which the member was incapacitated, applicable on the date of the commencement of service by the member in the position specified in the approved reemployment plan, and the compensation rate of the position specified in the plan, applicable on the same date. The supplemental disability allowance shall be adjusted annually to equal the difference between the current compensation rate of the position for which the member was incapacitated and the current compensation of the position specified in the approved reemployment plan. The supplemental disability allowance payments shall commence upon suspension of the disability retirement allowance and the amount of the payments shall not be greater than the disability retirement allowance to which the member would otherwise be entitled. Supplemental disability allowance payments made pursuant to this section shall be considered as a charge against the county advance reserve for current service, and all of these payments received by a member shall be considered as a part of the member’s compensation within the meaning of Section 31460. (e) From the time that the member is eligible to receive a disability retirement allowance until the appropriate agency is able to provide the position in county service specified in the approved reemployment plan, and the member has commenced service in that position, the disability retirement allowance to which the member is entitled under this article shall be paid. Upon commencement of service by the member in the position specified in the approved reemployment plan, the period during which the member was receiving disability retirement payments shall not be considered as breaking the continuity of the member’s service, and the rate of the member’s contributions shall continue to be based on the same age at entrance into the retirement system on which the member’s rates were based prior to the date of the member’s disability. The member’s accumulated contributions shall not be reduced as a result of the member receiving the disability retirement payments, but shall be increased by the amount of interest that would have accrued had the member not been retired. (f) Notwithstanding Section 31560, a member whose principal duties, while serving in the position for which the member was incapacitated, consisted of activities defined in Section 31469.3 shall, upon commencement of service by the member in the position specified in the approved reemployment plan, continue to be considered as satisfying the requirements of Section 31560, notwithstanding the actual duties performed during the entire period that the member remains in county service. (g) This section shall apply only to members who are incapacitated for the performance of the member’s duties on or after January 1, 2004, and who are eligible to retire for service-connected disability. (Amended by Stats. 2005, Ch. 22, Sec. 90. Effective January 1, 2006.)
  179. 31725.7.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Members may request a service retirement allowance while disability retirement is pending, and the board may grant it. If disability retirement is later approved, the allowance must be adjusted retroactively; the section also limits duplicate benefits and blocks return-to-job entitlement when disability retirement is denied.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725.7. (a) Except as provided in subdivision (b), at any time after filing an application for disability retirement with the board, the member may, if eligible, apply for, and the board in its discretion may grant, a service retirement allowance pending the determination of their entitlement to disability retirement. If the member is found to be eligible for disability retirement, appropriate adjustments shall be made in their retirement allowance retroactive to the effective date of their disability retirement as provided in Section 31724. (b) Notwithstanding subdivision (a), this section shall also apply to a member retired for service who subsequently files an application for disability retirement with the board. If the member retired for service is found to be eligible for disability retirement, appropriate adjustments shall be made in their retirement allowance retroactive to the effective date of their disability retirement, as provided in Section 31724. (c) This section shall not be construed to authorize a member to receive more than one type of retirement allowance for the same period of time nor to entitle any beneficiary to receive benefits that the beneficiary would not otherwise have been entitled to receive under the type of retirement that the member is finally determined to have been entitled. In the event a member retired for service is found not to be entitled to disability retirement, they shall not be entitled to return to their job as provided in Section 31725. (d) If the retired member should die before a final determination is made concerning entitlement to disability retirement, the rights of the beneficiary shall be as selected by the member at the time of retirement for service. The optional or unmodified type of allowance selected by the member at the time of retirement for service shall also be binding as to the type of allowance the member receives if the member is awarded a disability retirement. (e) Notwithstanding subdivision (d), if the retired member should die before a final determination is made concerning entitlement to disability retirement, the rights of the beneficiary may be as selected by the member at the time of retirement for service, or as if the member had selected an unmodified allowance. The optional or unmodified type of allowance selected by the member at the time of retirement for service shall not be binding as to the type of allowance the member receives if the member is awarded a disability retirement. A change to the optional or unmodified type of allowance shall be made only at the time a member is awarded a disability retirement and the change shall be retroactive to the service retirement date and benefits previously paid shall be adjusted. If a change to the optional or unmodified type of allowance is not made, the benefit shall be adjusted to reflect the differences in retirement benefits previously received. This subdivision shall only apply to members who retire on or after January 1, 1999. (Amended by Stats. 2023, Ch. 159, Sec. 14. (SB 885) Effective January 1, 2024.)
  180. 31725.8.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    An applicant in a disputed disability retirement case may apply for a non-service-connected disability retirement allowance, and the board may grant it in its discretion while review is pending.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31725.8. If any applicant for service-connected disability retirement is found by the board to be permanently physically or mentally incapacitated for the performance of his duties but not because of injury or disease arising out of and in the course of his employment, he may apply for, and the board in its discretion may grant, a non-service-connected disability retirement allowance while he is pursuing any rehearing before the board or judicial review concerning his right to service-connected disability retirement. If his disability is finally determined to have been service-connected, appropriate adjustments shall be made in his retirement allowance retroactive to the effective date of his disability retirement. If any member dies after electing to receive non-service-connected disability retirement and before the question of his entitlement to service-connected disability retirement is finally resolved, the rights of his beneficiary shall be those selected by the member at the time he elected to receive non-service-connected disability retirement. (Added by Stats. 1976, Ch. 1209.)
  181. 31726.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Members retiring for nonservice-connected disability receive either a service retirement allowance at age 65 or, if under 65 and not otherwise simultaneously retired, a disability retirement allowance.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31726. (a) Upon retirement for nonservice-connected disability, a member who has attained 65 years of age shall receive their service retirement allowance. (b) Every member under 65 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance, which shall be the greater of the following: (1) The sum to which the member would be entitled as service retirement; or (2) A sum that shall consist of any of the following: (A) An annuity that is the actuarial equivalent of the member’s accumulated contributions at the time of retirement. (B) If, in the opinion of the board, the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on the member’s part, a disability retirement pension purchased by contributions of the county or district. (C) If, in the opinion of the board, the member’s disability is not due to conviction of a felony or criminal activity that caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This subparagraph shall only apply to a person who becomes a member of the system on or after January 1, 1988. (Amended by Stats. 2023, Ch. 159, Sec. 15. (SB 885) Effective January 1, 2024.)
  182. 31726.5.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    Safety members retiring for nonservice-connected disability receive a service retirement allowance at age 55 or older, and a disability retirement allowance under age 55 if specified 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31726.5. (a) Upon retirement for nonservice-connected disability a safety member who has attained age 55 shall receive their service retirement allowance. (b) Every safety member under age 55 who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of: (1) The sum to which the member would be entitled to as service retirement; or (2) A sum which shall consist of: (A) An annuity which is the actuarial equivalent of the member’s accumulated contributions at the time of retirement. (B) If, in the opinion of the board, the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on the member’s part, a disability retirement pension purchased by contributions of the county or district. (C) If, in the opinion of the board, the member’s disability is not due to conviction of a felony or criminal activity which caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This subparagraph shall only apply to a person who becomes a member of the association on or after January 1, 1988. (Amended by Stats. 2022, Ch. 231, Sec. 13. (AB 1824) Effective January 1, 2023.)
  183. 31727.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    This section sets how a member’s non-service-connected disability retirement pension is calculated, with different formulas depending on whether the member must rely on another retirement system or can retire without doing so.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727. The non-service-connected disability retirement pension shall be such an amount as with that portion of his annuity provided by his accumulated normal contributions will make his disability retirement allowance, exclusive of the annuity provided by his accumulated additional contributions, equal: (a) Ninety percent of one-sixtieth of his final compensation multiplied by the number of years of service credited to him, if (1) the member must rely upon service in another retirement system in order to be eligible to retire or (2) such disability retirement allowance exceeds one-third of his final compensation. (b) If the member is eligible to retire without relying upon service in another retirement system, and the disability retirement allowance computed under (a) does not exceed one-third of his final compensation, 90 percent of one-sixtieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age 65, but in such case the retirement allowance shall not exceed one-third of his final compensation. (Amended by Stats. 1961, Ch. 1695.)
  184. 31727.01.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section sets how a member’s disability retirement pension and children’s allowance are calculated, including a 40% final-compensation benchmark and offsets for certain other disability 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.01. Notwithstanding Sections 31727 and 31727.4, if the member is eligible to retire without relying upon service in another retirement system, the disability retirement pension of a member covered under Section 31751 shall be such an amount as with that portion of the member’s annuity provided by the member’s accumulated normal contributions will make the member’s disability retirement allowance, exclusive of the annuity provided by the member’s accumulated additional contributions, equal 40 percent of the member’s final compensation as defined in Section 31462. In addition to the above disability allowance, 10 percent of the member’s final compensation shall be paid on behalf of each of the member’s children up to a maximum of three children. As used in this section, “child” means a member’s child who is dependent upon such member at the time of the member’s disability and while such child is unmarried and: (a) Under 18 years of age, or (b) Whether under or over 18 years of age, totally disabled and such disability occurred prior to such child attaining the age of 18 years, or (c) Eighteen years of age or over, but has not attained the age of 22 years, and is enrolled as a full-time student in an accredited school, as determined by the board. If the member is required to rely upon service in another retirement system to be eligible to retire, the above disability retirement pension and children’s allowance shall be multiplied by one-tenth times the years of service. Disability benefits shall be offset by the amounts of disability payments from other plans of the county and other governmental plans, except workers’ compensation and federal social security payments. (Added by Stats. 1980, Ch. 58.)
  185. 31727.1.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county members retiring for a non-service-connected disability get the service retirement allowance at age 62; younger members receive a calculated disability allowance subject to stated formulas and a one-third-of-final-compensation cap in some cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.1. In counties adopting Section 31676.12, a member upon retirement for non-service-connected disability, who has attained age 62, shall receive his service retirement allowance. The non-service-connected disability retirement pension for a member under age 62 shall be such an amount as with that portion of a member’s annuity provided by his accumulated normal contributions will make his disability retirement allowance equal: (a) Ninety percent of one-fiftieth of his final compensation multiplied by the number of years of service credited to him, if (1) the member must rely upon service in another retirement system in order to be eligible to retire or (2) such disability retirement allowance exceeds one-third of his final compensation. (b) If the member is eligible to retire without relying upon service in another retirement system and the disability retirement allowance computed under subdivision (a) does not exceed one-third of his final compensation, 90 percent of one-fiftieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age 62, but in such case the retirement allowance shall not exceed one-third of his final compensation. The amendments to this section during the 1975–76 Regular Session of the Legislature shall not apply in any county until adopted by majority vote of the county supervisors of that county. (Amended by Stats. 1976, Ch. 36.)
  186. 31727.2.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A safety member’s non-service-connected disability retirement pension is calculated by formula and may be limited to one-third of final compensation in some cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.2. The non-service-connected disability retirement pension for a safety member shall be such an amount as with that portion of his annuity provided by his accumulated normal contributions, will make his disability retirement allowance equal: (a) Ninety percent of one-fiftieth of his final compensation multiplied by the number of years of service credited to him, if (1) the member must rely upon service in another retirement system in order to be eligible to retire or (2) such disability retirement allowance exceeds one-third of his final compensation. (b) If the member is eligible to retire without relying upon service in another retirement system, and the disability retirement allowance computed under (a) does not exceed one-third of his final compensation, 90 percent of one-fiftieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age 55, but in such case the retirement allowance shall not exceed one-third of his final compensation. (Amended by Stats. 1961, Ch. 1695.)
  187. 31727.3.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    For certain county disability retirements, the pension amount is calculated by formula and may be limited to one-third of final compensation in specified cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.3. In counties adopting Section 31676.15, the non-service-connected disability retirement pension shall be such an amount as with that portion of a member’s annuity provided by his accumulated normal contributions will make his disability retirement allowance, exclusive of the annuity provided by his accumulated additional contributions, equal: (a) Ninety percent of one-fiftieth of his final compensation multiplied by the number of years of service credited to him, if (1) the member must rely upon service in another retirement system in order to be eligible to retire, or (2) such disability retirement allowance exceeds one-third of his final compensation. (b) If the member is eligible to retire without relying upon service in another retirement system and the disability retirement allowance computed under subdivision (a) does not exceed one-third of his final compensation, 90 percent of one-fiftieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age 65, but in such case the retirement allowance shall not exceed one-third of his final compensation. (Added by Stats. 1975, Ch. 899.)
  188. 31727.4.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Members who retire for a service-connected disability are entitled to a retirement allowance based on one-half of final compensation, subject to the stated service-retirement and section 31676.1 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.4. Upon retirement of any member for service-connected disability, he shall receive an annual retirement allowance payable in monthly installments, equal to one-half of his final compensation. Notwithstanding any other provisions of this chapter, any member upon retirement for service-connected disability shall receive a current service pension or a current service pension combined with a prior service pension purchased by the contributions of the county or district sufficient which when added to the service retirement annuity will equal one-half of his final compensation, or, if qualified for a service retirement, he shall receive his service retirement allowance if such allowance is greater but in no event shall it exceed the limitation as set forth in Section 31676.1 as it now reads or may hereafter be amended to read. The provisions of this section shall also apply to any employee who becomes disabled for service-connected causes prior to the first day of the calendar month when he would normally become a member. (Amended by Stats. 1959, Ch. 1190.)
  189. 31727.5.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County boards of supervisors may, by majority vote, pass an ordinance increasing certain totally disabled members’ maximum annual allowance to 60%, 70%, 80%, or 90% of final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.5. The board of supervisors in any county, by a majority vote, may enact an ordinance providing that the maximum annual allowance payable to a member pursuant to Section 31727.4 who is totally disabled shall be increased to 60, 70, 80, or 90 percent of the member’s final compensation, as determined by the board, on the operative date of such ordinance. For purposes of this section, “totally disabled” means inability to perform substantial employment and the presumptions contained in Section 4662 of the Labor Code shall also be applied to the determination of total disability. (Added by Stats. 1974, Ch. 1394.)
  190. 31727.6.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Retirement allowances for certain service-connected disability retirees must be calculated under Section 31727.4.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.6. Every retirement allowance payable for time commencing on the effective date of this section to or on account of any member of this system who was retired for service-connected disability prior to September 11, 1957, shall be calculated pursuant to the provisions of Section 31727.4. (Added by Stats. 1959, Ch. 1183.)
  191. 31727.7.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member with at least five years of credited service who retires for nonservice-connected disability must receive a disability allowance based on the table 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31727.7. Upon retirement for nonservice-connected disability, in lieu of any other allowance, a member who has five years or more credited service shall receive a disability allowance equal to the percentage of final compensation set forth opposite the member’s number of years of credited service in the following table: Percentage of Years of credited service: final compensation: Five years, but less than six years ........................ 20.0 Six years, but less than seven years ........................ 22.0 Seven years, but less than eight years ........................ 24.0 Eight years, but less than nine years ........................ 26.0 Nine years, but less than ten years ........................ 28.0 Ten years, but less than eleven years ........................ 30.0 Eleven years, but less than twelve years ........................ 32.0 Twelve years, but less than thirteen years ........................ 34.0 Thirteen years, but less than fourteen years ........................ 36.0 Fourteen years, but less than fifteen years ........................ 38.0 Fifteen or more years ........................ 40.0 This section shall only apply to the following persons: (a) Persons who become members of the retirement system after the operative date of this section in the county. (b) Those persons who were members prior to such operative date who, pursuant to a memorandum of understanding with their bargaining unit, elect to be subject to this section on or after such operative date. (c) Management and confidential employees and employees not a part of a bargaining unit who were members prior to such operative date and elect to be subject to this section on or after such operative date. The board of supervisors shall prescribe the time period and conditions governing the election. This section shall not be operative in any county until such time as the board of supervisors by majority vote makes the provisions of this section applicable in such county. (Amended by Stats. 1981, Ch. 704, Sec. 1.)
  192. 31728.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may pay a member's accumulated contributions in one lump sum instead of an annuity if the board thinks the disability was caused by intoxication, drug use, wilful misconduct, or a violation of law, and the annuity is under $240 a year.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31728. If, in the opinion of the board, the disability is due to intemperate use of alcoholic liquor or drugs, wilful misconduct, or violation of law on the part of the member, and his annuity is less than two hundred forty dollars ($240) a year, the board may pay the member his accumulated contributions in one lump sum in lieu of his annuity. (Added by Stats. 1947, Ch. 424.)
  193. 31728.1.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board believes a member’s disability resulted from willful misconduct or a violation of law, and the member’s annuity is under $240 a year, the board may pay the member’s accumulated contributions as a lump sum instead of the annuity.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31728.1. Notwithstanding Section 31728, if, in the opinion of the board, the disability is due to willful misconduct or violation of law on the part of the member covered under Section 31751, and the member’s annuity is less than two hundred forty dollars ($240) a year, the board may pay the member’s accumulated contributions in one lump sum in lieu of the member’s annuity. (Added by Stats. 1980, Ch. 58.)
  194. 31728.2.

    ## 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may choose to pay a lump-sum of the member’s accumulated contributions instead of disability retirement benefits if the disability is tied to a felony conviction or criminal activity, and the section applies only to members who joined on or after January 1, 1988.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31728.2. Notwithstanding Sections 31728 and 31728.1, if, in the opinion of the board, the disability is due to or results from the conviction of the member of a felony under state or federal law or if the board determines that the criminal activity caused or resulted in the member’s disability, the board may pay the member a lump-sum which is equal to the sum of his or her accumulated contributions in lieu of the benefits to which the member would otherwise be entitled as set forth in this article and provided that nothing in this section shall be construed to divest a member of any vested right to a service retirement allowance. This section shall apply only to a person who becomes a member of the system on or after January 1, 1988. (Added by Stats. 1987, Ch. 842, Sec. 3.)
  195. 31729.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may require a disability beneficiary under age 55 to have a medical examination, which must be done by a board-appointed physician or surgeon.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31729. The board may require any disability beneficiary under age 55 to undergo medical examination. The examination shall be made by a physician or surgeon appointed by the board at the place of residence of the beneficiary or other place mutually agreed upon. Upon the basis of the examination the board shall determine whether the disability beneficiary is still physically or mentally incapacitated for service in the office or department of the county or district where he was employed and in the position held by him when retired for disability. (Amended by Stats. 1953, Ch. 789.)
  196. 31730.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board decides a beneficiary is not incapacitated and the employer offers reinstatement, the retirement allowance must be canceled immediately and the beneficiary must be returned to county service under the local reemployment regulations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31730. If the board determines that the beneficiary is not incapacitated, and his or her employer offers to reinstate that beneficiary, his or her retirement allowance shall be canceled forthwith, and he or she shall be reinstated in the county service pursuant to the regulations of the county or district for reemployment of personnel. (Amended by Stats. 1982, Ch. 1533, Sec. 2.)
  197. 31731.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A disability beneficiary under age 55 who refuses a medical examination can have the pension stopped until the refusal is withdrawn, and after one year the retirement allowance is canceled.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31731. If any disability beneficiary under age 55 refuses to submit to medical examination, his pension shall be discontinued until his withdrawal of such refusal, and if his refusal continues for one year, his retirement allowance shall be canceled. (Amended by Stats. 1951, Ch. 1098.)
  198. 31732.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    The board must obtain the services and advice needed for this article and pay reasonable compensation for them. It may also contract with a private-practice attorney or physician for needed legal or medical advice, despite 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31732. The board shall secure such medical, investigatory and other service and advice as is necessary to carry out the purpose of this article. Notwithstanding Section 31529, the board may contract with an attorney in private practice for the legal services and advice necessary to carry out the purpose of this article. Notwithstanding Section 31530, the board may contract with a physician in private practice for the medical advice necessary to carry out the purpose of this article. It shall pay for such services and advice such compensation as it deems reasonable. (Amended by Stats. 2021, Ch. 186, Sec. 16. (SB 634) Effective January 1, 2022.)
  199. 31733.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    If a disability beneficiary returns to covered public service after the board finds the beneficiary is no longer incapacitated, the disability retirement allowance ends immediately, and future contributions, account credit, and service credit are recalculated or restored under the section’s 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31733. If a disability beneficiary is determined by the board to be no longer incapacitated and re-enters the service of a public agency covered by the retirement system under which he retired, his disability retirement allowance shall cease immediately upon such re-entry. If such disability beneficiary again becomes a member of the retirement system, his rate of contribution for future years is that established for his age at the time of his re-entry into the system. His individual account shall be credited with an amount which is the actuarial equivalent of his annuity at that time, as based upon the mortality table adopted by the board of supervisors for disabled lives, less any amount that has been refunded to him under Section 31737. The amount shall not exceed the amount of his accumulated contributions at the time of his retirement for disability. He shall also receive credit for his service as it existed at the time of his disability retirement. (Amended by Stats. 1961, Ch. 1852.)
  200. 31737.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. )

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    If a disability beneficiary’s retirement allowance is canceled for a reason other than Section 31733, the beneficiary is to be paid back accumulated contributions minus annuity payments already 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 10. Disability Retirement [31720 - 31755.4] ( Article 10 added by Stats. 1947, Ch. 424. ) ## 31737. If the retirement allowance of any disability beneficiary is canceled for any cause other than under Section 31733, he shall be paid his accumulated contributions, less the annuity payments made to him. (Amended by Stats. 1961, Ch. 1852.)

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