Government Code — Part 48 | GOV — United States — California law | Esheria

Government Code

Part 48 of 107 · provisions 9,401–9,600

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. 31855.9.

    ## 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 15.6. Survivors’ Allowances [31855 - 31855.12] ( Article 15.6 added by Stats. 1974, Ch. 415. )

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    The retirement system must pay a $255 supplemental survivorship benefit when a member dies before retirement and leaves a qualifying spouse; otherwise, it must use that benefit to reimburse funeral expenses up to $255.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 15.6. Survivors’ Allowances [31855 - 31855.12] ( Article 15.6 added by Stats. 1974, Ch. 415. ) ## 31855.9. Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death who is survived by a spouse with whom the member was living at the time of his or her death, the retirement system shall pay to the surviving spouse, in addition to all other payments due, if any, a lump sum supplemental survivorship benefit of two hundred fifty-five dollars ($255), as set forth in Section 31855.8 or 31855.12. If the member is not survived by a spouse with whom the member was living, the retirement system shall apply a lump sum supplemental survivorship benefit to reimburse the person who paid the funeral expenses of the member in an amount not to exceed two hundred fifty-five dollars ($255). (Amended by Stats. 2010, Ch. 328, Sec. 90. (SB 1330) Effective January 1, 2011.)
  2. 31861.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    This article does not apply in a county unless the county 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 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31861. This article 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 article applicable in such county. (Added by Stats. 1961, Ch. 1591.)
  3. 31862.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    This section says counties covered by the article have an alternative survivors’ allowance system, and it applies only to members who choose to participate.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31862. In counties to which this article applies, this article provides an alternative system of survivors’ allowance applicable only to the members who elect to participate. (Added by Stats. 1961, Ch. 1591.)
  4. 31863.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    A member may elect to make contributions for and participate in this article’s benefits within specified time windows, unless Section 31864 provides otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31863. Except as otherwise provided in Section 31864, any member within 30 days after this article becomes operative in the county, or within 30 days after entry into service, or during the calendar months of November or December of any year, may elect to make contributions for, and participate in, the benefits provided for by this article. An election made more than 30 days after this article becomes operative in this county and more than 30 days after entrance into service shall become operative the following January first. (Added by Stats. 1961, Ch. 1591.)
  5. 31864.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    A member who already elected this benefit may rescind that election in November or December, but the election then takes effect the following January 1 and the member cannot elect it again.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31864. Any member who has elected to participate in the benefits provided for by this article may rescind such election during the months of November or December of any year. Such election shall become operative on the following January first. No part of the contributions deducted, pursuant to this article from his salary or wages will be refunded to such member. Such member may not again elect to participate in the benefits provided for by this article. (Added by Stats. 1961, Ch. 1591.)
  6. 31865.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    If a member elects to participate in this article’s benefits, Article 15.5 applies to that member and specified family members, unless this article says otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31865. If a member elects to participate in the benefits of this article all of the provisions of Article 15.5 shall apply to such member and to his eligible spouse, children, and parents, and to all other persons to whom Article 15.5 applies, and such provisions are herein incorporated by reference as if set forth in full except as hereinafter in this article provided otherwise. (Added by Stats. 1961, Ch. 1591.)
  7. 31866.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    The board must set members’ additional contributions at amounts it finds will pay half the cost of the survivor benefits and lump sum supplemental survivorship benefit in 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 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31866. The board shall fix the additional contributions of members at amounts which it finds will pay one-half of the cost of the survivors’ benefits and lump sum supplemental survivorship benefit provided for in this article. (Added by Stats. 1961, Ch. 1591.)
  8. 31866.1.

    ## 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 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    Certain county members must pay the full cost of the survivors benefits and lump sum supplemental survivorship benefit covered by this article.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31866.1. Members who because of county service, are subject to the federal old age and survivors insurance provisions of the Federal Social Security Act shall pay the entire cost of the survivors benefits and lump sum supplemental survivorship benefit provided for in this article. (Added by Stats. 1961, Ch. 1591.)
  9. 31867.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    Safety members must pay $1.30 per month and other members must pay $1.71 per month in additional contributions, unless the board’s regulations provide otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31867. Until the regulations of the board designate otherwise the additional contribution of each safety member shall be one dollar and thirty cents ($1.30) per month and of each other member shall be one dollar and seventy-one cents ($1. 71) per month. (Added by Stats. 1961, Ch. 1591.)
  10. 31868.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    A survivor’s allowance and a lump sum supplemental survivorship benefit are not due if a member joined this article’s benefits more than 30 days after the article became operative in the county, unless the member had additional deductions taken from salary or wages for at least 18 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 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31868. If a member elected to participate in the benefits provided for by this article more than 30 days after this article became operative in the county, a survivor’s allowance shall not be due to either his eligible spouse or child, and a lump sum supplemental survivorship benefit shall not be due, unless additional deductions were made pursuant to this article from the salary or wages of such member for not less than 18 months. (Added by Stats. 1961, Ch. 1591.)
  11. 31869.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. )

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    A parent’s survivor’s allowance is not due if the member joined this article’s benefits more than 30 days after the article became operative in the county, unless salary or wage deductions under the article were made for at least 10 years.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16. Alternate Survivors’ Allowances [31861 - 31869] ( Article 16 added by Stats. 1961, Ch. 1591. ) ## 31869. If a member elected to participate in the benefits provided for by this article more than 30 days after this article becomes operative in the county, a survivor’s allowance shall not be due to any parent of such member unless additional deductions were made pursuant to this article from the salary or wages of such member for not less than 10 years. (Added by Stats. 1961, Ch. 1591.)
  12. 31870.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    The board must each year decide whether the cost of living has gone up or down, and it must adjust certain retirement and death allowances accordingly, subject to a 2% annual limit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870. The board shall before April 1 of each year determine whether there has been an increase or decrease in the cost of living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter (commencing with Section 31450), every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member, of this system or a superseded system, who retires or dies or who has retired or died shall, as of April 1st of each year, be increased or decreased by a percentage of the total allowance then being received found by the board to approximate to the nearest one-half of 1 percent the percentage of annual increase or decrease in the cost of living as of January 1st of each year as shown by the then current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the area in which the county seat is situated, but such change shall not exceed 2 percent per year; however, the amount of any cost-of-living increase or decrease in any year which is not met by the maximum annual change of 2 percent in allowances shall be accumulated to be met by increases or decreases in allowances in future years; except that no decrease shall reduce the allowance below the amount being received by the member or his beneficiary on the effective date of the allowance or the application of this article, whichever is later. (Amended by Stats. 1978, Ch. 900.)
  13. 31870.01.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    The board of retirement must decide each year before April 1 whether cost of living has gone up or down, and it may adopt this section in place of Section 31870 if the stated actuarial and contribution 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.01. (a) The board of retirement shall, before April 1 of each year, determine whether there has been an increase or decrease in the cost-of-living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter, every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member, of this system or a superseded system, who retires or dies or who has retired or died shall, as of April 1st of each year, be increased or decreased to the nearest one-tenth of 1 percent, by 40 percent of the annual increase or decrease in the cost-of-living as of January 1st of each year as shown by the then current (year ending December) Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers for the United States City Average, except that no decrease shall reduce the allowance below the amount being received by the member or his or her beneficiary on the effective date of the allowance. (b) The allowance shall be increased a minimum of 2 percent in any year in which the board’s determination of cost-of-living change of allowance would result in less, provided that the member or beneficiary has an accumulated unpaid cost-of-living account sufficient to provide the 2 percent increase. (c) When this section becomes applicable in a county, the accumulated unpaid cost-of-living account of each retired member or beneficiary under the superseded Section 31870, shall be transferred to a like account under this section. Thereafter, no increases shall be made to such account. (d) The board of retirement may adopt this section to be effective in lieu of Section 31870, provided, that no increase in unfunded actuarial liability nor in current member or employer contributions to the system are required as a result of the adoption and is so attested by an enrolled actuary. After adoption, the effective date for increases or decreases in allowances pursuant to this section shall be the next succeeding April 1. (e) This section shall apply only in a county of the first class, as established by Sections 28020 and 28022, as amended by Chapter 1204 of the Statutes of 1971. (Added by Stats. 1987, Ch. 606, Sec. 1.)
  14. 31870.1.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    The board must decide each year by April 1 whether the cost of living went up or down, and affected retirement and death allowances are then adjusted annually using the CPI-based percentage, capped at 3% 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.1. The board shall before April 1 of each year determine whether there has been an increase or decrease in the cost of living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter (commencing with Section 31450), every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member, of this system or superseded system who retires or dies or who has retired or died shall, as of April 1st of each year, be increased or decreased by a percentage of the total allowance then being received found by the board to approximate to the nearest one-half of 1 percent, the percentage of annual increase or decrease in the cost of living as of January 1st of each year as shown by the then current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the area in which the county seat is situated, but such change shall not exceed 3 percent per year; however, the amount of any cost-of-living increase or decrease in any year which is not met by the maximum annual change of 3 percent in allowances shall be accumulated to be met by increases or decreases in allowances in future years; except that no decrease shall reduce the allowance below the amount being received by the member or his beneficiary on the effective date of the allowance or the application of this article, whichever is later. (Amended by Stats. 1978, Ch. 900.)
  15. 31870.11.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    The board of retirement must annually decide whether cost of living has changed and adjust certain retirement and death allowances accordingly, with limits and a minimum increase rule.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.11. (a) The board of retirement shall, before April 1 of each year, determine whether there has been an increase or decrease in the cost-of-living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter, every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member, of this system or a superseded system, who retires or dies or who has retired or died shall, as of April 1st of each year, be increased or decreased to the nearest one-tenth of 1 percent, by 60 percent of the annual increase or decrease in the cost-of-living as of January 1st of each year as shown by the then current (year ending December) Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers for the United States City Average, except that no decrease shall reduce the allowance below the amount being received by the member or his or her beneficiary on the effective date of the allowance. (b) The allowance shall be increased a minimum of 3 percent in any year in which the board’s determination of cost-of-living change of allowance would result in less, provided that the member or beneficiary has an accumulated unpaid cost-of-living account sufficient to provide the 3 percent increase. (c) When this section becomes applicable in a county, the accumulated unpaid cost-of-living account of each retired member or beneficiary under the superseded Section 31870.1, shall be transferred to a like account under this section. Thereafter, no increases shall be made to such account. (d) The board of retirement may adopt this section to be effective in lieu of Section 31870.1, provided, that no increase in unfunded actuarial liability nor in current member or employer contributions to the system are required as a result of the adoption and is so attested by an enrolled actuary. After adoption, the effective date for increases or decreases in allowances pursuant to this section shall be the next succeeding April 1. (e) This section shall apply only in a county of the first class, as established by Sections 28020 and 28022, as amended by Chapter 1204 of the Statutes of 1971. (Added by Stats. 1987, Ch. 606, Sec. 2.)
  16. 31870.2.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    The board must review cost-of-living changes every year before April 1 and adjust covered retirement and death allowances up or down by a CPI-based percentage, subject to a 5% annual cap and a floor that prevents reductions below the protected amount.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.2. The board shall before April 1 of each year determine whether there has been an increase or decrease in the cost of living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter (commencing with Section 31450), every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member, of this system or superseded system who retires or dies or who has retired or died shall, as of April 1st of each year, be increased or decreased by a percentage of the total allowance then being received found by the board to approximate to the nearest one-half of 1 percent, the percentage of annual increase or decrease in the cost of living as of January 1st of each year as shown by the then current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the area in which the county seat is situated, but such change shall not exceed 5 percent per year; however, the amount of any cost-of-living increase or decrease in any year which is not met by the maximum annual change of 5 percent in allowances shall be accumulated to be met by increases or decreases in allowances in future years; except that no decrease shall reduce the allowance below the amount being received by the member or his beneficiary on the effective date of the allowance or the application of this section, whichever is later. (Amended by Stats. 1978, Ch. 900.)
  17. 31870.3.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    The board must decide each year, before April 1, whether cost of living has gone up or down, and annual retirement/death allowances are adjusted by a CPI-based percentage subject to a 4% cap.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.3. Notwithstanding Section 31870.1, the board shall, before April 1st of each year, determine whether there has been an increase or decrease in the cost of living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter, every retirement allowance, optional death allowance, or annual death allowance payable to, or on account of, any member of this system who was covered under Section 31751 who retires or dies, or who has retired or died, shall, as of April 1st of each year, be increased or decreased by a percentage of the total allowance then being received found by the board to approximate to the nearest one-half of 1 percent, the percentage of annual increase or decrease in the cost of living as of January 1st of each year as shown by the then current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the area in which the county seat is situated, but such change shall not exceed 4 percent per year; however, the amount of any cost of living increase or decrease in any year which is not met by the maximum annual change of 4 percent in allowances shall be accumulated to be met by increases or decreases in allowances in future years; except that no decrease shall reduce the allowance below the amount being received by the member or his beneficiary on the effective date of the allowance or the application of this section, whichever is later. (Added by Stats. 1980, Ch. 58.)
  18. 31870.4.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    The section changes how certain retirement accumulations are calculated, prevents them from going below zero, and requires county board adoption before it becomes operative in a 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31870.4. Notwithstanding any other provision of law, the accumulation established in Section 31870, 31870.1, 31870.2, or 31870.3 shall be computed by multiplying the existing accumulation from prior years by an amount equal to one plus the amount of any cost-of-living increase or decrease in the current year, and adding to this result the “accumulation adjustment,” where “accumulation adjustment” means the amount of any cost-of-living increase or decrease in the current year that is not met by the maximum annual change in allowances provided in Section 31870, 31870.1, 31870.2, or 31870.3, whichever is applicable. At no time may the accumulation established in Section 31870, 31870.1, 31870.2, or 31870.3 be less than zero. This section shall not be operative in any county until it is adopted by a majority vote of the board of supervisors. Upon adoption of this section by the board of supervisors, the accumulation of each member under Section 31870, 31870.1, 31870.2, or 31870.3, whichever is applicable, shall be recomputed as if this section had been in effect on the member’s date of retirement. (Added by Stats. 2001, Ch. 239, Sec. 1. Effective January 1, 2002.)
  19. 31871.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    Increases in allowances must be funded from the retirement reserve to the extent possible, using reserve funds above 1% of the system’s assets. In counties that have applied Section 31592.2, the board of supervisors may instead fund all or part of the increases from the county general fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31871. Any increases in allowances which are based upon service rendered prior to the applicable date of this article (as fixed pursuant to Section 31874) shall be funded insofar as possible from the moneys in the reserve described in Section 31592 which are in excess of one (1) percent of the assets of the retirement system; except that in counties which have applied Section 31592.2 the board of supervisors may fund all or part of the increases from the county general fund. (Amended by Stats. 1987, Ch. 162, Sec. 1.)
  20. 31872.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    The board must fund certain allowance increases by setting contributions it considers necessary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31872. Any such increases in allowances which are not funded as provided in Section 31871 and any such increases which are based upon service rendered after the applicable date of this article (as fixed pursuant to Section 31874) shall be funded by contributions set by the board, as it determines necessary. (Added by Stats. 1965, Ch. 159.)
  21. 31873.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    Contribution increases are split equally between the county or district and contributing members, but the board of supervisors may vote to pay part of the members’ share. The board may not pay any part of new members’ contribution costs under the stated 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31873. (a) Any increases in contributions shall be shared equally between the county or district and the contributing members, with the individual member’s contributions based upon the member’s age at his or her nearest birthday at time of entrance into the retirement system or based on a single rate of contributions pursuant to Section 31621.11, 31639.26, or as otherwise authorized by this chapter or the California Public Employees’ Pension Reform Act of 2013. The board of supervisors by a majority vote may elect to pay part of the costs of the contributions which would otherwise be assessed to the individual members. (b) Notwithstanding subdivision (a), pursuant to Section 7522.30, the board of supervisors shall not pay any part of the costs of the member contributions of new members as defined in subdivision (f) of Section 7522.04. (Amended by Stats. 2013, Ch. 247, Sec. 47. (AB 1380) Effective January 1, 2014.)
  22. 31873.1.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    County or district and contributing members must share certain cost-of-living contributions equally, and the board of supervisors may choose to pay some or all of the members’ share, except for new members’ 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31873.1. (a) Any cost-of-living contributions required for benefits under Section 31870.3 shall be shared equally between the county or district and the contributing members. The individual member’s contributions shall be based upon the member’s age at the member’s nearest birthday at time of entrance into the retirement system, and shall be expressed as a percentage of the member’s normal contribution rate. The board of supervisors by a majority vote may elect to pay all or part of the costs of the contributions which would otherwise be assessed to the individual members. (b) Notwithstanding subdivision (a), pursuant to Section 7522.30, the board of supervisors shall not pay any part of the costs of the member contributions of new members as defined in subdivision (f) of Section 7522.04. (c) Until revised by subsequent actuarial studies, the member’s cost-of-living contribution rate shall be 39.57 percent of the member’s normal contribution rate. These initial cost-of-living contribution rates are shown in the following table, according to the member’s age at the time of entry into the system: Age of entry Percentage into system of contribution 16 ........................ 1.16 17 ........................ 1.16 18 ........................ 1.16 19 ........................ 1.16 20 ........................ 1.16 21 ........................ 1.16 22 ........................ 1.16 23 ........................ 1.16 24 ........................ 1.16 25 ........................ 1.17 26 ........................ 1.17 27 ........................ 1.18 28 ........................ 1.18 29 ........................ 1.19 30 ........................ 1.20 31 ........................ 1.20 32 ........................ 1.21 33 ........................ 1.22 34 ........................ 1.23 35 ........................ 1.24 36 ........................ 1.25 37 ........................ 1.26 38 ........................ 1.27 39 ........................ 1.28 40 ........................ 1.29 41 ........................ 1.30 42 ........................ 1.31 43 ........................ 1.32 44 ........................ 1.33 45 ........................ 1.34 46 ........................ 1.36 47 ........................ 1.37 48 ........................ 1.38 49 ........................ 1.40 50 ........................ 1.41 51 ........................ 1.43 52 ........................ 1.44 53 ........................ 1.46 54 and over ........................ 1.47 (Amended by Stats. 2013, Ch. 247, Sec. 48. (AB 1380) Effective January 1, 2014.)
  23. 31874.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    A county article may be applied by ordinance if the county has first completed an actuarial survey of its 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874. This article (commencing with Section 31870) may be made applicable in any county on the date specified in the ordinance, or if no such date is specified, on the first day of the month after the effective date of an ordinance adopted by the board of supervisors to this effect, provided that an actuarial survey of the retirement system has been made by the adopting county prior to the passage of said ordinance. No provision of this chapter shall prevent or be construed to prevent the use and expenditure of surplus described in Section 31592.2 to fund any part or all of any increases in allowances otherwise permitted after this article or Article 16.6 (commencing with Section 31875) or both this article and Article 16.6 or any of the provisions of this article or Article 16.6 have been made applicable. Except in a county of the first class, upon adoption by a county providing increases in allowances pursuant to this article, of Article 5.5 (commencing with Section 31510) of this chapter, only that portion of the increases in allowances which is paid from surplus earnings described in Section 31592.2 shall be paid, instead, from the Supplemental Retiree Benefits Reserve established pursuant to Section 31510.8. (Amended by Stats. 1983, Ch. 886, Sec. 10.)
  24. 31874.1.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    If the annual cost-of-living increase exceeds 3%, the excess may be applied to certain retirement and death allowances, and the county board of supervisors decides how much is applied.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.1. Whenever the percentage of annual increase in the cost of living as of January 1st of each year as shown by the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers exceeds 3 percent, all or part of such excess over 3 percent shall be applied to the retirement allowances, optional death allowances or annual death allowances increased in Section 31870 or 31870.1. The board of supervisors shall determine the amount of such excess to be applied, and the cost of the increases in allowances provided shall be paid from county and district contributions. This section shall not be operative in any county until it is adopted by a majority vote of the board of supervisors. (Amended by Stats. 1978, Ch. 900.)
  25. 31874.2.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    A county board of supervisors may, by majority vote, adopt an ordinance raising the article’s maximum annual change to 4%, 5%, or 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.2. The board of supervisors in any county, by a majority vote, may enact an ordinance providing that the maximum annual change pursuant to this article shall be increased to 4, 5, or 6 percent, as determined by the board, on the operative date of such ordinance. (Added by Stats. 1974, Ch. 343.)
  26. 31874.3.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

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    The board of retirement may grant supplemental cost-of-living increases to certain retirement and death allowances, subject to eligibility and funding 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.3. (a) (1) Whenever the percentage of annual increase in the cost of living as of January 1 of each year as shown by the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers exceeds the maximum benefit increase provided in Section 31870, 31870.1, 31870.2, or 31870.3, whichever is applicable, the board of retirement may provide that all or part of the excess percentage increase shall be applied to the retirement allowances, optional death allowances, or annual death allowances increased in Section 31870, 31870.1, 31870.2, or 31870.3. The board shall determine the amount of the excess to be applied, which amount shall not exceed an amount that can be paid from 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. (2) The supplemental increases in excess of the increases applied to the retirement allowances, optional death allowances, or annual death allowances pursuant to Section 31870, 31870.1, 31870.2, or 31870.3 shall not become a part of the retirement allowances, optional death allowances, or annual death allowances to be increased by subsequent increases under Section 31870, 31870.1, 31870.2, or 31870.3. (3) This subdivision shall be operative in any county that has elected by a majority vote of the board of supervisors to make either Section 31870, 31870.1, 31870.2, or 31870.3 applicable in that county. (b) (1) The board of retirement may, instead of taking action pursuant to subdivision (a), provide supplemental cost-of-living increases, effective on a date to be determined by the board, to the retirement allowances, optional death allowances, or annual death allowances increased in Section 31870, 31870.1, 31870.2, or 31870.3; provided however, that only those members shall be eligible for this increase whose accumulations established by Section 31870, 31870.1, 31870.2, or 31870.3 shall equal or exceed 20 percent as of January 1 of the year in which the board of retirement adopts an increase under this subdivision. (2) The supplemental increases to the retirement allowances, optional death allowances or annual death allowances increased in Section 31870, 31870.1, 31870.2, or 31870.3 shall not become a part of the retirement allowances, optional death allowances or annual death allowances to be increased by subsequent increases under Section 31870, 31870.1, 31870.2, or 31870.3. (3) This subdivision shall be operative in any county that has elected by a majority vote of the board of supervisors to make either Section 31870, 31870.1, 31870.2, or 31870.3 applicable in that county. (c) (1) The board of retirement may, instead of taking action pursuant to subdivision (a) or (b), provide supplemental cost-of-living increases, on a prefunded basis and effective on a date to be determined by the board, to the retirement allowances, optional death allowances, or annual death allowances increased in Section 31870, 31870.1, 31870.2, or 31870.3; provided however, only those members shall be eligible for this increase whose accumulations established by Section 31870, 31870.1, 31870.2, or 31870.3 equal or exceed 20 percent as of January 1 of the year in which the board of retirement takes action pursuant to this subdivision. (2) The supplemental increases to the retirement allowances, optional death allowances, or annual death allowances increased in Section 31870, 31870.1, 31870.2, or 31870.3 shall become a part of the retirement allowances, optional death allowances, or annual death allowances and shall serve to reduce the accumulations established by Section 31870, 31870.1, 31870.2, or 31870.3, as applicable, by the same percentage as the payment that is made pursuant to this section. (3) Before the board of retirement provides benefits pursuant to this subdivision, the costs of the benefits shall be determined by a qualified actuary and the board of retirement shall, with the advice of the actuary, provide for the full funding of the benefits utilizing funds in the reserve against deficiencies established pursuant to Section 31592.2, using surplus earnings that exceed 1 percent of the total assets of the retirement system. (4) This subdivision shall be operative in any county that has elected by a majority vote of the board of supervisors to make either Section 31870, 31870.1, 31870.2, or 31870.3 applicable in that county. (d) Upon adoption by any county providing benefits pursuant to this section, of Article 5.5 (commencing with Section 31610) of this chapter, the board of retirement shall, instead, pay those benefits from the Supplemental Retiree Benefit Reserve established pursuant to Section 31618. (Amended by Stats. 2000, Ch. 317, Sec. 4. Effective January 1, 2001.)
  27. 31874.4.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    A county board of supervisors in a 10th-class county may adopt an ordinance that excludes specified employees and officials from the rule requiring unused yearly increases or decreases to carry forward.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.4. Notwithstanding any other provision of law, the board of supervisors in a county of the 10th class may provide in any ordinance implementing any section in this article that the provision of this article requiring unused increases or decreases in any year to be accumulated for future years shall not apply to those employees and officials specified in the ordinance. (Added by Stats. 1992, Ch. 707, Sec. 5. Effective September 15, 1992.)
  28. 31874.5.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    This section increases certain retirement allowances when the annual cost-of-living increase exceeds a 3% factor, requires actuarial studies by the board of retirement, and does not operate in a county until approved by the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.5. (a) Whenever the percentage of annual increase in the cost of living as of January 1 of each year as shown by the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers exceeds a full 3 percent of the existing cost-of-living increase factor provided by any provision of this article, an additional 1 percent of the excess for each full 3 percent over the existing increase factor shall be applied to the retirement allowances, optional death allowances, or annual death allowances increased by any provision of this article. The increases in allowances resulting from the adoption of this section shall be used to offset any accumulated carryover balances under existing cost-of-living adjustments. The cost of implementing this section shall be prefunded commencing with the adoption of this section by the board of supervisors. The method of paying the cost of implementing this section may be mutually agreed to in a memorandum of understanding executed by the employer and employee representatives. The board of retirement shall conduct the actuarial studies to determine those costs. (b) This section shall not be operative in any county until it is adopted by a majority vote of the board of supervisors. (c) Notwithstanding subdivision (a), a memorandum of understanding regarding the application of the contributions of new members, as defined in subdivision (f) of Section 7522.04, towards paying the cost of the additional cost-of-living adjustment shall not conflict with the requirements of Section 7522.30 or as may be agreed to in accordance with Sections 7522.30 and 31631. (Amended by Stats. 2013, Ch. 247, Sec. 49. (AB 1380) Effective January 1, 2014.)
  29. 31874.6.

    ## 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. )

    Verify source ↗

    The board of retirement may grant an annual cost-of-living adjustment, but only with county board approval and only if funding and 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 16.5. Cost of Living Adjustment [31870 - 31874.6] ( Article 16.5 added by Stats. 1965, Ch. 159. ) ## 31874.6. (a) Notwithstanding any other provision of law, on an annual basis, the board of retirement may, with the approval of the county board of supervisors, grant a cost-of-living adjustment on a prefunded basis to the retirement allowances, optional death allowances, or annual death allowances payable to or on account of eligible members. The action by the board of retirement may specify a date as of which the adjustment shall be effective and, if no effective date is specified, the adjustment shall be made in allowances payable for the time commencing on the first day of the month following the action by the board of retirement or approval by the county board of supervisors, whichever is later. (b) Before the board of retirement may grant an adjustment pursuant to this section, the total costs of the adjustment shall be determined by a qualified actuary and the board shall determine, with the advice of the actuary, that full funding of the adjustment can be provided from 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. (c) The adjustment provided by this section shall be payable only to those retired members, survivors, beneficiaries, or successors in interest whose accumulated loss of purchasing power equals or exceeds 20 percent as of January 1 of the year the board of retirement takes action pursuant to this section. Loss of purchasing power shall be determined by the board of retirement based on the difference between the following: (1) The initial retirement allowance, optional death allowance, or annual death allowance as it would have been increased by the cumulative total effect of the annual changes, rounded to the nearest one-half of 1 percent, in the Consumer Price Index for All Urban Consumers for the area in which the county seat is situated. (2) The retirement allowance, optional death allowance, or annual death allowance as actually increased by cost-of-living adjustments previously granted with respect to the allowance. (d) A cost-of-living adjustment granted pursuant to this section shall become part of the retirement allowance, optional death allowance, or annual death allowance to be increased by any subsequent cost-of-living adjustments. The granting of an increase pursuant to this section in any particular year does not create any continuing entitlement to additional increases in subsequent years, and does not create any claim by a retired member, survivor, beneficiary, or successor in interest against the county, district, or retirement fund for any increase in any allowance paid or payable prior to the effective date of the action by the board of retirement pursuant to this section. (e) This section shall only be applicable in the following counties: (1) A county of the 19th class, as defined by Sections 28020 and 28040, as amended by Chapter 1204 of the Statutes of 1971. (2) A county of the 32nd class, as defined by Sections 28020 and 28053, as amended by Chapter 1204 of the Statutes of 1971. (Amended by Stats. 2008, Ch. 202, Sec. 1. Effective January 1, 2009.)
  30. 31875.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Any county may adopt an ordinance to apply Article 16.5 principles to retirement allowances for past cost-of-living changes.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31875. Any county may provide by ordinance that the principles set forth in Article 16.5 (commencing with Section 31870), as a basis for adjustment of retirement allowances in accordance with future cost-of-living changes, shall be applied for the purpose of adjusting retirement allowances in accordance with past cost-of-living changes. (Added by Stats. 1965, Ch. 521.)
  31. 31876.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Retirement allowances paid in the county must match the amounts that would have been payable if Article 16.5 had applied on the ordinance-specified 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 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31876. The retirement allowances payable following the effective date of this article in the county shall be in the same amounts as would be payable if Article 16.5 had been in effect in the county on the date specified in the ordinance as the date for application of this article in the county. (Added by Stats. 1965, Ch. 521.)
  32. 31877.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Adjustments based on past Consumer Price Index changes apply only prospectively, and the section does not create rights, claims, or interests for retirement allowance payments made before the article’s effective date in a 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 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31877. Any adjustment made pursuant to this article with reference to changes in the Consumer Price Index for All Urban Consumers which occurred prior to the effective date of this article in a county shall apply prospectively only; and no right, claim or interest whatsoever shall be created by the application of the provisions of this section in any county with respect to retirement allowance payments made for time prior to the effective date of this article in the county. (Amended by Stats. 1978, Ch. 900.)
  33. 31878.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Any county may adopt this article by ordinance, and the ordinance must set the applicable date and effective date for the adjustments.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31878. (a) This article may be adopted by any county by ordinance. (b) The ordinance shall specify a date as of which Article 16.5 shall be deemed applicable. The applicable date may be the first day of any prior year. If no applicable date is specified, Article 16.5 shall be deemed applicable as of the first day of the year preceding the year of retirement of the earliest retired member who is currently being paid a retirement allowance at the time the ordinance is adopted. (c) The ordinance shall specify a date as of which the adjustments made pursuant to this article shall be effective. If no effective date is specified, the adjustments shall be made in allowances payable for time commencing on the first day of the month following the adoption of the ordinance. (Added by Stats. 1965, Ch. 521.)
  34. 31879.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Any county may adopt or readopt this article, Article 16.5, or both, at the same or different times.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31879. Any county may adopt or readopt this article alone from time to time, adopt Article 16.5 alone, or adopt this article and Article 16.5 at the same time or different times. If both articles are adopted, any accumulated increases in excess of two percent (2%) per year which are accumulated under this article shall be applicable to the computation of future allowance adjustments as provided in Article 16.5 and any allowance which is increased as provided in this article shall be subject to future increase or decrease as provided in Article 16.5. (Added by Stats. 1965, Ch. 521.)
  35. 31879.1.

    ## 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 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    Any county may adopt or readopt this article, Article 16.5, or both together or at different times.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31879.1. Any county may adopt or readopt this article alone from time to time, adopt Article 16.5 alone, or adopt this article and Article 16.5 at the same time or different times. If both articles are adopted, any accumulated increases in excess of three percent (3%) per year which are accumulated under this article shall be applicable to the computation of future allowance adjustments as provided in Article 16.5 and any allowance which is increased as provided in this article shall be subject to future increase or decrease as provided in Article 16. 5. (Added by Stats. 1967, Ch. 45.)
  36. 31879.2.

    ## 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 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. )

    Verify source ↗

    A county may adopt or readopt this article, Article 16.5, or both, at the same or different times.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 16.6. Retrospective Cost-of-Living Adjustment [31875 - 31879.2] ( Article 16.6 added by Stats. 1965, Ch. 521. ) ## 31879.2. Any county may adopt or readopt this article alone from time to time, adopt Article 16.5 alone, or adopt this article and Article 16.5 at the same time or different times. If both articles are adopted, any accumulated increases in excess of 5 percent per year which are accumulated under this article shall be applicable to the computation of future allowance adjustments as provided in Article 16.5 and any allowance which is increased as provided in this article shall be subject to future increase or decrease as provided in Article 16.5. (Added by Stats. 1974, Ch. 1388.)
  37. 31880.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    Counties with more than five million people that have not already integrated their retirement system must do so under this article by a date set by the board of supervisors, no later than July 1, 1964.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31880. Each county having a population in excess of five million, which has not already integrated its retirement system with the federal system, shall effect such integration pursuant to this article to be operative as of a date specified by the board of supervisors to be no later than July 1, 1964. (Added by Stats. 1963, Ch. 2090.)
  38. 31881.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    This section says Article 13 applies to this article unless this article expressly says otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31881. Except as otherwise expressly provided in this article, all of the provisions of Article 13 of this chapter (commencing with Section 31800) apply to, and are incorporated by reference in this article. (Added by Stats. 1963, Ch. 2090.)
  39. 31882.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    In this article, “Board” means the Board of Administration of the Public Employees’ 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31882. “Board,” as used in this article, means the Board of Administration of the Public Employees’ Retirement System. (Amended by Stats. 1972, Ch. 590.)
  40. 31883.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    This section defines “Federal-state agreement” as the agreement, or any modification of it, executed by the board under Section 218 of Title II of the Social Security 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31883. “Federal-state agreement” means the agreement or any modification thereof now, heretofore, or hereafter executed by the board pursuant to Section 218 of Title II of the Social Security Act. (Added by Stats. 1963, Ch. 2090.)
  41. 31884.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    In this article, “pension board” means the board of retirement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31884. “Pension board,” as used in this article, means the board of retirement. (Added by Stats. 1963, Ch. 2090.)
  42. 31885.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    “Retirement system” means the county’s retirement plan for its employees under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31885. “Retirement system” means the retirement plan provided by the county for its employees under this chapter. (Added by Stats. 1963, Ch. 2090.)
  43. 31886.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    This section defines “policeman” for this article to include sheriffs, undersheriffs, deputy sheriffs, and other county employees in board-designated policeman positions, if that designation is not inconsistent with federal agency definitions or 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31886. “Policeman” as used in this article includes sheriffs, undersheriffs, deputy sheriffs and any other employee of a county in a position designated as a policeman’s position by the board; provided, any such position named herein or as may be designated by the board, is not contrary to any definition, ruling or regulation issued by the federal agency relating to the term “policeman” for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Added by Stats. 1963, Ch. 2090.)
  44. 31887.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    This section defines “fireman” 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31887. “Fireman,” as used in this article, means any employee in a position designated as a fireman’s position by the board; provided, such designation is not contrary to any definition, ruling or regulation relating to the term “fireman” issued by the federal agency for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Added by Stats. 1963, Ch. 2090.)
  45. 31888.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    The pension board must divide the retirement system into two parts and set a division 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31888. The pension board shall effect a division into two parts exclusive of the division required by Section 31891, for the purposes of this article, of the retirement system. One part shall consist of those who are active members of the retirement system on division date, and who do not desire coverage under the federal system; and the second part shall consist of those who are active members of the system on division date, and who desire coverage under the federal system and of those who become members of the system after division date. The division date shall be set by the pension board so as to permit modification of the federal-state agreement to include services of employees who are members of the second part of said system. (Added by Stats. 1963, Ch. 2090.)
  46. 31889.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    The pension board must conduct the division in line with Section 218(d)(7) of the Social Security Act and applicable federal and board 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31889. The division shall be conducted in accordance with Section 218(d)(7) of the Social Security Act and applicable federal and board rules and regulations, by the pension board. (Added by Stats. 1963, Ch. 2090.)
  47. 31890.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    If satisfactory evidence shows the conditions in Social Security Act Section 218(d)(7) are met for a retirement system division, the Governor or another federally authorized state official must certify that to the federal 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31890. Upon receiving evidence satisfactory to him with respect to any division of a retirement system that the conditions specified in Section 218(d)(7) of the Social Security Act have been met, the Governor or any other state official now or hereafter authorized by federal law, shall so certify to the federal agency. (Added by Stats. 1963, Ch. 2090.)
  48. 31891.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    For this article, policemen and firemen are treated as belonging to separate retirement systems.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31891. For the purposes of this article, policemen, as defined in Section 31886, and firemen, as defined in Section 31887, shall each be deemed to belong to separate retirement systems. (Added by Stats. 1963, Ch. 2090.)
  49. 31892.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    Federal benefits for a fireman’s or policeman’s position may be extended only if those firemen or policemen vote as provided in Section 31801.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31892. When federal benefits are to be extended to any firemen’s or policemen’s position pursuant to this part it shall be done only by a vote of such firemen or policemen as provided in Section 31801. (Added by Stats. 1963, Ch. 2090.)
  50. 31893.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    The pension board must apply to the board, and the board must sign a state agreement with the federal agency to cover county employees under the federal 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31893. The pension board shall apply to the board in accordance with the provisions of this article, and the board shall execute on behalf of the State an agreement with the federal agency for the coverage of employees of the county under the federal system in conformity with the provisions of Section 218 of the Social Security Act and applicable federal regulations. (Added by Stats. 1963, Ch. 2090.)
  51. 31894.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. )

    Verify source ↗

    Before the board may execute the State’s agreement with the federal agency, the pension board and the board must first enter into a written 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 17. Integration with Federal Old Age, Survivors, and Disability Insurance [31880 - 31894] ( Article 17 added by Stats. 1963, Ch. 2090. ) ## 31894. Notwithstanding the provisions of Section 31893, however, before the board shall execute on behalf of the State an agreement with the federal agency as herein provided, the pension board and the board shall enter into a written agreement, which agreement shall include such provisions not inconsistent with this article which the board deems necessary in the administration of the said federal system as it affects the State and the county and its employees. (Added by Stats. 1963, Ch. 2090.)
  52. 31894.1.

    ## 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 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. )

    Verify source ↗

    This article applies only in a county with more than 6,000,000 people, and only if the county board of supervisors has given notice that it intends to terminate federal social security 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 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. ) ## 31894.1. This article shall apply only in a county with a population exceeding 6,000,000 and shall apply in that county only if the board of supervisors has provided notice of intent to terminate benefits under federal social security. (Added by Stats. 1982, Ch. 1567, Sec. 1.)
  53. 31894.2.

    ## 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 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. )

    Verify source ↗

    A county that has given the required notice must hold a vote of affected members, and the board of supervisors may cancel its withdrawal notice after that advisory vote if it acts at least 30 days before coverage ends.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. ) ## 31894.2. Any county which has provided the notice specified in Section 31894.1 shall provide a vote of the affected members, the results of which shall be advisory to the board of supervisors. The board of supervisors may, following the advisory vote, cancel their notice of intent to withdraw from social security at least 30 days prior to the effective date of termination of coverage under the federal system. Nothing in this section shall be construed to waive any rights that employees may have to secure by appropriate judicial proceeding new benefits comparable to those provided under the federal social security system. (Added by Stats. 1982, Ch. 1567, Sec. 1.)
  54. 31894.3.

    ## 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 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. )

    Verify source ↗

    The board of supervisors must certify compliance with Section 31894.2 to the Public Employees’ Retirement System board, or if it cannot do so, cancel its notice of intent to withdraw from social security at least 30 days before federal coverage ends.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 17.5. Termination of Social Security in Counties with a Population Exceeding 6,000,000 [31894.1 - 31894.3] ( Article 17.5 added by Stats. 1982, Ch. 1567, Sec. 1. ) ## 31894.3. The board of supervisors shall, by resolution, certify to the Board of Administration of the Public Employees’ Retirement System that the provisions of Section 31894.2 have been complied with. In the event that the board of supervisors cannot certify compliance with the provisions of Section 31894.2, the board of supervisors shall cancel their notice of intent to withdraw from social security at least 30 days prior to the effective date of termination of coverage under the federal system. (Added by Stats. 1982, Ch. 1567, Sec. 1.)
  55. 31895.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    This section defines “public agency” for this article and says Section 31478 does not apply to 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31895. As used in this article “public agency” includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. Section 31478 does not apply to this article. (Added by Stats. 1965, Ch. 511.)
  56. 31895.5.

    ## 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    This section defines “total benefits” 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31895.5. As used in this article, “total benefits” means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. (Added by Stats. 1965, Ch. 511.)
  57. 31896.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    If a benefit increase would reduce the same beneficiary’s payments from a public agency, the retirement benefit must be reduced to maximize the beneficiary’s total 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31896. If an increase in the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter, whether such increase begins prior or subsequent to the effective date of this article, results in the decrease of the amount of any monetary payments due to the same beneficiary from any public agency, such retirement allowance or other benefit shall be so reduced as to result in the maximum total benefits to such beneficiary. (Added by Stats. 1965, Ch. 511.)
  58. 31896.5.

    ## 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    The board must adjust a beneficiary’s retirement allowance or other benefit when changes affect related monetary payments, but it cannot raise the benefit above what this chapter otherwise 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31896.5. If the statutes, ordinances, rules, regulations, or orders of any public agency are so changed, or if for any other reason the effect of the increase of the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter on the amount of any monetary payments due to the same beneficiary by such public agency are changed, the board shall adjust such retirement allowance or other benefit, but not to an amount greater than otherwise authorized by this chapter so as to result in the maximum total benefits to such beneficiary. (Added by Stats. 1965, Ch. 511.)
  59. 31897.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    The article is mandatory. Beneficiaries must tell the board any facts needed to comply, and the board may use whatever procedures it adopts to determine those facts.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31897. The provisions of this article are mandatory and not subject to option or election by any member or other beneficiary. Every such beneficiary shall inform the board of all facts necessary in order to comply with this article. The board shall ascertain such facts by such procedures as it sees fit to adopt. (Added by Stats. 1965, Ch. 511.)
  60. 31897.5.

    ## 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    If the board good-faith diligently tries to find all facts needed to comply, it is not liable for an excess payment made when a benefit was not reduced as required.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31897.5. If the board in good faith diligently seeks to ascertain all facts necessary in order to comply with this article, but, despite such effort, a payment of a retirement allowance or other benefit to any beneficiary is made without having been reduced as required by this article, neither the board, nor any member thereof, nor any public officer nor public employee shall be liable for such excess payment. (Added by Stats. 1965, Ch. 511.)
  61. 31897.6.

    ## 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 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    The board must deduct advanced disability pension payments from retroactive disability pension payments, and if that is not enough, up to 10% of the member’s monthly disability allowance may be used until repayment is complete.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31897.6. The board shall deduct the amount of advanced disability pension payments made to a local safety member pursuant to Section 4850.3 or 4850.4 of the Labor Code from the member’s retroactive disability pension payments. If the retroactive disability allowance is not sufficient to reimburse the total advanced disability pension payments, an amount no greater than 10 percent of the member’s monthly disability allowance shall be deducted and reimbursed to the local agency until the total advanced disability pension payments have been repaid. The local safety member and this system may agree to any other arrangement or schedule for the member to repay the advanced disability pension payments. (Added by Stats. 2002, Ch. 877, Sec. 2. Effective January 1, 2003.)
  62. 31898.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. )

    Verify source ↗

    A retirement allowance or other benefit for a beneficiary under this chapter must not be reduced under this article if that reduction would impair anyone’s constitutional rights.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 18. Adjustment to Fit Other Allowances [31895 - 31898] ( Article 18 added by Stats. 1965, Ch. 511. ) ## 31898. A retirement allowance or other benefit payable to a beneficiary pursuant to this chapter shall not be reduced pursuant to this article if such reduction would impair the constitutional rights of any person. (Added by Stats. 1965, Ch. 511.)
  63. 31899.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    This chapter is meant to protect county employees’ retirement systems’ federal tax-exempt status and related pension tax treatment, and it limits application of the chapter after January 1, 2013 as specified elsewhere.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899. (a) The purpose of this chapter is to ensure the federal tax-exempt status of the county employees’ retirement systems, to preserve the deferred treatment of federal income tax on public employer contributions to public employee pensions, and to ensure that members are provided with retirement and other related benefits that are commensurate, to the extent deemed reasonable, with the services rendered without violating the intent and purposes of Section 415 of the Internal Revenue Code. (b) To achieve this purpose, this chapter incorporates certain pension payment limitations and elects the “grandfather” option in Section 415(b)(10) of the Internal Revenue Code. Also, this chapter provides for certain replacement benefits. (c) On or after January 1, 2013, the application of this chapter is limited as specified in Section 7522.43. (Amended by Stats. 2013, Ch. 247, Sec. 50. (AB 1380) Effective January 1, 2014.)
  64. 31899.1.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    This section says the Chapter 3 definitions apply to this chapter, and it expands “Internal Revenue Code” to include IRS regulations, revenue rulings, notices, and revenue procedures.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.1. (a) The definitions in Chapter 3 (commencing with Section 31450) of this part shall apply to this chapter. (b) The term “Internal Revenue Code” includes all regulations, revenue rulings, notices, and revenue procedures issued by the Internal Revenue Service. (Amended by Stats. 2003, Ch. 520, Sec. 9. Effective January 1, 2004.)
  65. 31899.2.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    Retirement benefits are generally subject to Section 415 payment limits, with a grandfather-style exemption for members who joined before January 1, 1990.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.2. (a) In accordance with Section 31899.3, the retirement benefits for any person who for the first time became a member of the system on or after January 1, 1990, shall be subject to the payment limitations of Section 415 of the Internal Revenue Code. The retirement benefits for any person who became a member of the system before January 1, 1990, also shall be subject to the payment limitations of Section 415 of the Internal Revenue Code to the extent that those benefits are not exempt from those limitations under the “grandfather” election that has been made under that section and this section. (b) The “grandfather” election in Section 415(b)(10) of the Internal Revenue Code is hereby made. All members of a retirement system who joined the system prior to January 1, 1990, are exempt from the Section 415 limits to the extent permitted by the Internal Revenue Code. (c) This section does not apply in a county of the first class as defined in 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, which county is instead subject to Article 2.1 (commencing with Section 31510) of Chapter 3. (Amended by Stats. 2003, Ch. 520, Sec. 10. Effective January 1, 2004.)
  66. 31899.3.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    Retirement rights for new members are limited by the Internal Revenue Code, and retirement boards must give employers a notice for distribution before employment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.3. (a) Notwithstanding any other provision of law, the retirement rights conferred by this chapter and by Chapter 3 (commencing with Section 31450) of this part upon any person who for the first time becomes a member of a retirement system on or after January 1, 1990, shall be subject to the limitations in the Internal Revenue Code upon benefits that may be paid by public retirement systems. That person may not have any retirement right or benefit that exceeds those limitations, and no retirement right or benefit may accrue to or vest in that person under Chapter 3 (commencing with Section 31450) that exceeds those limitations. That person may, however, have retirement rights and benefits under the replacement benefits program established under this chapter. (b) Each retirement board shall provide to each employer a notice of the content and effect of subdivision (a) for distribution, prior to employment, to each person who may become a member and to each person who for the first time becomes a member on or after January 1, 1990. (c) Chapter 3 (commencing with Section 31450) shall be construed as if it included this section. (d) This section does not apply in a county of the first class as defined in 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, which county is instead subject to Article 2.1 (commencing with Section 31510) of Chapter 3. (Added by renumbering Section 31899.4 by Stats. 2003, Ch. 520, Sec. 11. Effective January 1, 2004.)
  67. 31899.4.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    Counties and districts must provide replacement benefits programs for certain members whose retirement benefits are limited by Section 415, and the benefits cannot exceed the retirement system’s capped benefit amount.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.4. (a) Each county and district shall provide a program to replace the benefits that are limited by Section 415 of the Internal Revenue Code for members whose retirement benefits are limited by Section 415 and cannot be fully maximized pursuant to Section 31538. The replacement benefits program shall provide benefits that, together with the benefits provided by the retirement system, are the same as, and may not exceed, the benefits that would be paid by the retirement system but for the application of the limits of Section 415. Notwithstanding the foregoing, the county or district may modify its replacement benefits program and may add, modify, or eliminate any replacement benefits, as necessary, to carry out the purpose of this chapter. A replacement benefit may not be reduced if the reduction would impair the vested rights of any person. (b) Each county shall establish and administer its own replacement benefits program for members whose retirement benefits are limited by Section 415 of the Internal Revenue Code. (c) A county may, pursuant to a contract with a district, agree to administer the district’s replacement benefits program for the district’s members whose retirement benefits are limited by Section 415 of the Internal Revenue Code. The county may charge each district a reasonable fee for administering the district’s program and the county and district may agree on any other conditions relating to that administration. If a district does not contract with the county to administer its replacement benefits program, it shall establish and administer its own replacement benefits program. (d) Upon the recommendation of the retirement system’s actuary, and in accordance with its obligation to recommend county and district contribution rates under Sections 31453 and 31453.5, the board shall adjust the contributions required to be made by a county or district to the extent that benefits are payable under a replacement benefits program of that county or district. (e) The county, and any district that establishes and administers its own program, shall enact an ordinance or prescribe regulations or other written documentation setting forth the terms of its replacement benefits program. (f) Notwithstanding any other provision of this chapter, a county of the first class, as defined in 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, is not required to provide replacement benefits to any member under this section if that member participates in General Plan F or Safety Plan F under Article 2.1 (commencing with Section 31510) of Chapter 3. (Added by Stats. 2003, Ch. 520, Sec. 12. Effective January 1, 2004.)
  68. 31899.5.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    Counties, and districts that run their own replacement benefits program, must administer that program. The board may help administer it if there is an agreement and only to the extent allowed by the Internal Revenue Code.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.5. Each county, and each district that establishes its own replacement benefits program, shall administer the replacement benefits program established by it pursuant to this chapter. The board may, pursuant to an agreement with the county or the district that establishes its own program, assist in the administration of the replacement benefits program to the extent permitted under the Internal Revenue Code. (Repealed and added by Stats. 2003, Ch. 520, Sec. 14. Effective January 1, 2004.)
  69. 31899.6.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    If the IRS determines a provision would break conformity with IRC Section 415, that provision becomes inoperative for affected parties as to benefit payments, and the retirement board must notify the Secretary of State.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.6. If the Internal Revenue Service determines that any provision of Chapter 3 (commencing with Section 31450) of this part or this chapter cannot be given effect without placing a retirement system administered under this chapter or Chapter 3 (commencing with Section 31450) of this part out of conformity with Section 415 of the Internal Revenue Code, that provision, only to the extent that it causes that nonconformity and only with respect to the affected parties shall become inoperative with respect to the payment of benefits pursuant to Chapter 3 (commencing with Section 31450) of this part, as of the effective date of the determination. The retirement board shall notify the Secretary of State of inoperation under this section. (Added by renumbering Section 31899.7 by Stats. 2003, Ch. 520, Sec. 16. Effective January 1, 2004.)
  70. 31899.7.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    If Section 415 changes or is invalidated for public retirement systems, most of this chapter becomes inoperative, the retirement board must notify the Secretary of State immediately, and the board, county, and districts must remove Section 415 pension limits and pay due benefits if allowed by the Internal Revenue Code.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.7. (a) If Section 415 of the Internal Revenue Code is amended to exclude public retirement systems, or if the application of Section 415 of the Internal Revenue Code to public retirement systems is invalidated by the final decision of an appellate court of proper jurisdiction, all sections of this chapter, except this section, shall become inoperative as of the effective date of that amendment or decision. The retirement board shall immediately notify the Secretary of State whenever any provision of this chapter becomes inoperative pursuant to this section. (b) Whenever all sections of this chapter, except this section, become inoperative pursuant to this section, and to the extent not prohibited by the Internal Revenue Code, the retirement board, county, and districts shall do all of the following: (1) Remove the pension limitations imposed by Section 415 of the Internal Revenue Code for prospective payments to annuitants. (2) Eliminate the replacement benefits, and pay benefits that are due under the system to the affected annuitants without regard to any limitations of Section 415 of the Internal Revenue Code. (3) Take any and all other actions they deem necessary and feasible. (Added by renumbering Section 31899.8 by Stats. 2003, Ch. 520, Sec. 17. Effective January 1, 2004.)
  71. 31899.8.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    This section states the Legislature’s intent to comply with the Internal Revenue Code, preserve the retirement systems’ federal tax-exempt status, elect the Section 415(b)(10) grandfather option, and require counties and districts to provide replacement benefits for affected 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.8. It is the sole intent of the Legislature, in enacting this chapter, to fully comply with the provisions of the Internal Revenue Code that apply to public retirement systems in order to maintain and ensure the federal income tax exempt status of the county employees’ retirement systems, to elect the “grandfather” option in Section 415(b)(10) of the Internal Revenue Code, and to require that each county and district provide benefits that replace the benefits that are limited by Section 415 of the Internal Revenue Code for affected members of the county employees’ retirement systems. The Legislature finds and declares that all costs of local public agencies and local public retirement systems of complying with Section 415 of the Internal Revenue Code are a federal mandate within the meaning of Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2, as construed in City of Sacramento v. State of California (50 Cal. 3d 51). It is the intent of the Legislature that this chapter not be construed to impose upon local public agencies that are maintaining county retirement systems pursuant to Chapter 3 (commencing with Section 31450) of this part, state-reimbursable, state-mandated local program benefit costs within the meaning of Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2. If either the Commission on State Mandates or a court determines that this chapter imposes upon any local agency, state-mandated local program benefit costs, notwithstanding any other provision of law, no reimbursement therefor shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 or from any other state fund. (Added by renumbering Section 31899.9 by Stats. 2003, Ch. 520, Sec. 18. Effective January 1, 2004.)
  72. 31899.9.

    ## 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. )

    Verify source ↗

    The Legislature may amend this chapter when needed to carry out its purposes, and this chapter controls over conflicting 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 3.9. Internal Revenue Code County Compliance and Replacement Benefits Program [31899 - 31899.9] ( Heading of Chapter 3.9 amended by Stats. 2003, Ch. 520, Sec. 7. ) ## 31899.9. The Legislature reserves the power and right to amend this chapter, as needed to effect its purposes. This chapter shall be controlling over any memorandum of understanding reached between employers and employees pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. (Added by renumbering Section 31899.10 by Stats. 2003, Ch. 520, Sec. 19. Effective January 1, 2004.)
  73. 31900.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter may be cited as the County Peace Officers’ Retirement Law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31900. This chapter may be cited as the County Peace Officers’ Retirement Law. (Added by Stats. 1947, Ch. 424.)
  74. 31901.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter states its purpose: to recognize a public obligation to certain public-service employees exposed to more than ordinary risks and to provide for replacing employees who become incapacitated in the line of duty or by age.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31901. The purpose of this chapter is to recognize a public obligation to employees in the public service whose duties expose them to more than ordinary risks and to provide a means whereby such public employees who become incapacitated in the performance of their duties or by age may be replaced by more capable employees, to the betterment of the public service without prejudice and without inflicting a hardship upon the employees removed. The retirement pension and benefits provided by this chapter are granted as an additional element of compensation for future services. (Added by Stats. 1947, Ch. 424.)
  75. 31902.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter must be interpreted liberally to carry out its purpose, and it must not be treated as a local measure or as a benefit for particular people or places.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31902. This chapter shall be given a liberal interpretation with a view of carrying out its purpose and shall not be construed as a local measure or one intended as a benefit to particular persons or places. (Added by Stats. 1947, Ch. 424.)
  76. 31903.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The article’s definitions and general provisions control how this chapter is interpreted, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31903. Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter. (Added by Stats. 1947, Ch. 424.)
  77. 31904.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines which employees and officers are included as “county peace officers.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31904. “County peace officers” includes: (a) All sheriffs, undersheriffs, chief deputy sheriffs, jailers, turnkeys, deputy sheriffs, bailiffs, process servers, constables, deputy constables, motorcycle officers, its heads and assistant heads of all divisions of the sheriff’s office, and all their regularly appointed deputies. Clerks, bookkeepers, stenographers, and other employees who may have been appointed as deputy sheriffs but who do not perform the duties of any of the peace officers enumerated and honorary deputy sheriffs or other persons holding appointments as deputy sheriffs who receive no compensation therefor and who do not regularly perform particular official duties are not included. (b) All county foresters, county fire wardens, deputy or assistant county foresters, deputy or assistant county fire wardens, heads and assistant heads of all divisions of any county forester’s or county fire warden’s department, and all fire apparatus engineers, fire prevention inspectors, forest firemen, fire patrolmen, fire observers and foremen assigned to fire suppression crews, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county forester’s or county fire warden’s department, and the officers, engineers, and firemen of any county fire protection district, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county fire protection district. Clerks, bookkeepers, stenographers, cooks, laborers, county fire protection district volunteer employees or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county fire warden or honorary deputy county forester, or voluntary fire warden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. (Added by Stats. 1947, Ch. 424.)
  78. 31904.5.

    ## 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section expands “county peace officers” to include certain district attorney detectives and investigators.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31904.5. “County peace officers” also includes detectives and investigators in the office of the district attorney whose duties are substantially similar to those of peace officers as defined in subsection (a) of Section 31904. (Added by Stats. 1947, Ch. 753.)
  79. 31905.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Terminal salary” means the higher of the average salary earnable during the last three years or the last five years 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31905. “Terminal salary” means the average salary earnable by any member during (a) the last three years, or (b) the last five years prior to the date of his retirement, whichever is the greater. (Added by Stats. 1947, Ch. 424.)
  80. 31906.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Pensioner” means a retired peace officer entitled to receive a pension under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31906. “Pensioner” means a retired peace officer who is entitled, because of his former service as a member, to receive a pension pursuant to this chapter. (Added by Stats. 1947, Ch. 424.)
  81. 31907.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “member” for 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31907. “Member” means any person included in the membership of the system who has not retired and is not receiving any pension or other benefits provided by the retirement system. (Added by Stats. 1947, Ch. 424.)
  82. 31908.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Beneficiary” means a person who receives a pension or other benefit 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31908. “Beneficiary” means any person in receipt of a pension, or other benefit provided by the retirement system. (Added by Stats. 1947, Ch. 424.)
  83. 31909.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “System” means the retirement system in this chapter or its predecessor.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31909. “System” means the retirement system provided for in this chapter or its predecessor. The retirement system for county peace officers created by Chapter 268 of the Statutes of 1931, as amended, is continued in existence under this chapter. (Added by Stats. 1947, Ch. 424.)
  84. 31910.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Board” means the board of retirement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31910. “Board” means the board of retirement. (Added by Stats. 1947, Ch. 424.)
  85. 31911.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Fund” means the County Peace Officers’ 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31911. “Fund” means the County Peace Officers’ Retirement Fund. (Added by Stats. 1947, Ch. 424.)
  86. 31912.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Property acquired under this chapter must be titled in the county’s name, and money due to a peace officer stays with the county until the officer becomes entitled to it under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31912. The title to all property acquired pursuant to this chapter shall be taken in the name of the county. The title to any money which becomes due to any peace officer shall not pass from the county to the peace officer until he is entitled thereto under this chapter. (Added by Stats. 1947, Ch. 424.)
  87. 31913.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain peace officer wage deductions, annuity or pension rights, and fund rights are exempt from taxation and generally cannot be seized by court process, except as allowed by the cited Civil Procedure Code 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31900 - 31913] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31913. That portion of the wages of any peace officer deducted or to be deducted under this chapter, the right of a peace officer or other person to an annuity or pension, and all rights of the peace officer or other person in the fund are exempt from taxation and shall not be taken upon execution or other process of any court except to the extent permitted by Section 704.110 of the Code of Civil Procedure. An assignment of any right in or to the funds or to any pension or annuity is void. (Amended by Stats. 1982, Ch. 497, Sec. 118. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  88. 31930.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter takes effect in a county only after the county adopts it by ordinance approved by a four-fifths vote of the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31930. This chapter shall become effective in any county upon its acceptance by ordinance passed by four-fifths vote of its board of supervisors, and becomes operative in the county on January 1st or July 1st following the expiration of three months after the passage of the ordinance. (Added by Stats. 1947, Ch. 424.)
  89. 31931.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may abolish the county system by ordinance with a four-fifths vote, but accrued pension rights must still be honored.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31931. By the adoption of an ordinance by a four-fifths (4/5) vote, the board of supervisors may abolish the system theretofore established in the county pursuant to this chapter or its predecessor. The abolishment of the system shall not impair the right of any person to whom pension rights have accrued to continue to receive such pension after the abolishment of the system, and if the fund is inadequate to pay such pensions, they shall be paid from and constitute a charge upon the general fund of the county. (Added by Stats. 1947, Ch. 424.)
  90. 31932.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the retirement system is abolished in a county, each active member at that time is entitled to a refund of all contributions and credited interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [31930 - 31932] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31932. If the system is abolished in any county, each active member as of the date of the abolishment shall be paid a refund of all contributions made by him to the fund and all interest credited to his contribution as of the date of the abolishment of the system. (Added by Stats. 1947, Ch. 424.)
  91. 31950.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A board of retirement manages the system, with five members selected under the rules 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31950. The management of the system is vested in a board of retirement, consisting of five members, one of whom shall be the county treasurer acting in an exofficio capacity. The second and third members shall be either members or pensioners of the system elected by the members within 30 days after the system becomes operative, in a manner to be determined by the board of supervisors. The fourth and fifth members shall be qualified electors of the county who are not connected with county government in any capacity, appointed by the board of supervisors within 30 days after that date, except that one of such members may be a member of the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  92. 31951.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain retirement board members serve fixed terms of office.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31951. The first persons elected or appointed as the second and fourth members shall serve for two years from the date the system becomes operative, and the third and fifth members elected or appointed shall serve for a term of three years from that date. Thereafter, the term of office of the four elected members shall be three years. (Added by Stats. 1947, Ch. 424.)
  93. 31952.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A lawfully elected or appointed board member keeps the board seat until the term ends, and this chapter or any amendment cannot shorten that term.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31952. Neither the enactment of this chapter nor any amendment of its predecessor shortens the term of any member of the board who was lawfully elected or appointed, even if he would not be eligible for election or appointment under this chapter or such amendment, but he shall continue to be a member of the board until the expiration of the term for which he was appointed or elected. (Added by Stats. 1947, Ch. 424.)
  94. 31953.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A pensioner may be a member of the board on the same terms as a 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31953. A pensioner is eligible for membership on the board to the same extent as if he were a member. (Added by Stats. 1947, Ch. 424.)
  95. 31954.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Most board members serve without compensation, except the fourth and fifth members, who receive $10 per meeting, limited to one meeting per month. Board members are also entitled to reimbursement for certain expenses and lost salary or wages from county funds.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31954. The members of the board, except the fourth and fifth members, shall serve without compensation. The fourth and fifth members of the board shall receive ten dollars ($10) a meeting for not more than one meeting a month. The members of the board shall be reimbursed out of the funds of the county for any expense or loss of salary or wages which they incur through service on the board and for costs of operation of this system. (Added by Stats. 1947, Ch. 424.)
  96. 31955.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must organize by choosing one of its members as chairman, and it must choose its officers every two 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31955. The board shall organize by choosing one of its number as chairman. Thereafter the officers shall be chosen biennially by the board. (Added by Stats. 1947, Ch. 424.)
  97. 31956.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must meet at least once every three months, and the secretary must give notice of all meetings at least three days in advance.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31956. The board shall meet for the transaction of business at least once every three months in each calendar year and at other times as it or a majority of its members orders. Notice of all meetings shall be given by the secretary at least three days in advance of the meeting. (Added by Stats. 1947, Ch. 424.)
  98. 31957.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A majority of the board’s members may conduct board business.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31957. A majority of the members may transact any business of the board. (Added by Stats. 1947, Ch. 424.)
  99. 31958.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may compel witnesses to appear and testify on matters related to the chapter, and the chairman or any board member may administer oaths.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31958. The board may compel witnesses to attend and testify before it upon all matters connected with the operation of this chapter in the same manner as is provided by law for the taking of testimony before notaries public. The chairman or any member of the board may administer oaths to the witnesses. (Added by Stats. 1947, Ch. 424.)
  100. 31959.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may appoint a secretary and pay its necessary expenses from 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31959. The board may appoint a secretary and provide for the payment from the fund of all its necessary expenses, including secretary hire and printing. (Added by Stats. 1947, Ch. 424.)
  101. 31960.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may make regulations, but only if they are not inconsistent with this chapter, and the regulations take effect only after approval by the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31960. The board may make regulations not inconsistent with this chapter. The regulations shall become effective when approved by the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  102. 31961.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must report each January to the board of supervisors on the fund’s condition, receipts, disbursements, beneficiaries, and amounts paid during the prior calendar 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31961. The board shall report annually in January to the board of supervisors the condition of the fund and the receipts and disbursements on account of the fund with a full and complete list of the beneficiaries of the fund and the amounts paid them for the preceding calendar year. (Added by Stats. 1947, Ch. 424.)
  103. 31962.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must annually prepare a budget for the cost of maintaining the pension fund. It may hire an actuary to help prepare the budget and report.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31962. The board shall annually prepare a budget of the cost of maintaining the pension fund. For this purpose it may employ an actuary to assist it in preparing the budget and report, to the end that the system may be scientifically financed and administered. (Added by Stats. 1947, Ch. 424.)
  104. 31963.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must commission an actuarial investigation and valuation after the first year of operation and then at least every five years. An actuary supervises the investigation, and the board must recommend needed changes to rates, member contributions, and county appropriations. New rates cannot include adjustments for time before the revision takes effect.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31963. The board shall cause an actuarial investigation and valuation of the system to be made immediately after the first year of operation and thereafter at not to exceed five-year intervals. The investigation shall be conducted under the supervision of an actuary and shall cover the mortality, service, and salary experience of the members and beneficiaries, and evaluate the assets and liabilities of the fund. Upon the basis of the determination, investigation, valuation, and recommendation of the actuary the board shall recommend to the board of supervisors such changes in the rate of interest, in the rates of contributions of members, and in county appropriations as it deems necessary. No adjustment shall be included in the new rates for time prior to the effective date of the revision. (Added by Stats. 1947, Ch. 424.)
  105. 31964.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    After receiving recommendations, the board of supervisors must promptly adjust interest rates, member contribution rates, and county appropriations, but cannot set them to reduce individual 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31964. After the receipt of the recommendations the board of supervisors shall promptly adjust the rate of interest, the rates of contributions of members, and county appropriations, as it deems advisable, but shall not fix them so as to reduce the amount of individual benefits. (Added by Stats. 1947, Ch. 424.)
  106. 31965.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board controls the system’s funds and must administer them and order payments from them under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31965. The board has charge and control of the funds of the system, and shall administer them and order payments therefrom in accordance with this chapter. (Added by Stats. 1947, Ch. 424.)
  107. 31966.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must invest and reinvest the system’s funds, and it may sell securities and reinvest the proceeds and unappropriated income.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31966. The board shall invest and reinvest the funds of the system, and may from time to time sell any securities held by it and invest and reinvest the proceeds therefrom and all unappropriated income of the funds. All funds received by it not required for current disbursements shall be invested only in: (a) Securities that are legal for savings bank investments or any bonds which, pursuant to the statutes or laws providing for the issuance of those bonds are entitled to the same force or value or use as bonds issued by any municipality, or any bonds issued pursuant to those acts, statutes or laws of this state wherein the law specifically states by reference or otherwise that the bonds shall be legal investments for either savings banks, insurance companies, all trust funds, state school funds and any funds that may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state, or any bonds that have been investigated and approved by a commission or board now or hereafter authorized by law to conduct that investigation and give that approval and by authority of which those bonds are declared to be legal investments for insurers. (b) Obligations issued pursuant to Title IV of the National Housing Act, approved June 27, 1934. (c) Shares, share accounts, or investment certificates of any savings and loan association that has the protection provided by Title IV of the National Housing Act, approved June 27, 1934, to the extent of that insurance protection. (d) Deposits at interest in any state or national bank doing business with the county pursuant to the law authorizing and controlling the deposit of public funds in banks. (e) Shares, share accounts, or certificates of funds of a credit union that has the protection provided by the National Credit Union Share Insurance Fund or other private insurance or guaranty of share accounts that is acceptable to the Commissioner of Financial Institutions. (Amended by Stats. 2002, Ch. 664, Sec. 118. Effective January 1, 2003.)
  108. 31967.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When securities held for the system are sold, the county treasurer must deliver them after receiving the proceeds and may sign documents needed to transfer title.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31950 - 31967] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31967. Whenever securities belonging to or held for the system are sold, the county treasurer shall deliver the securities sold upon receiving the proceeds and may execute any and all documents necessary to transfer title. The duties imposed upon the county treasurer are a part of his official duties, for the faithful performance of which he is liable on his official bond. (Added by Stats. 1947, Ch. 424.)
  109. 31980.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement system is exclusive, and people entitled to belong to it may not participate in any other county or judicial district officer or employee 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31980. The system established under this chapter or its predecessor is exclusive, and persons entitled to membership in this system shall not participate in any other system provided for officers or employees of a county or judicial district. (Amended by Stats. 1951, Ch. 1553.)
  110. 31981.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County peace officers are generally included in this retirement chapter, starting on the later of two timing rules tied to the chapter becoming operative in a county or the officer entering 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31981. Except as provided in this article, all county peace officers shall be included in and be subject to this chapter on the first day of the calendar month following the expiration of 30 days after it becomes operative in any county, or on the first day of the calendar month following the expiration of 30 days after their entrance into the service, whichever is later. (Added by Stats. 1947, Ch. 424.)
  111. 31982.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county peace officer may opt out of this chapter by written election within 30 days, and once excluded, the employee cannot later participate in the system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31982. Any county peace officer may elect to be excluded from this chapter at any time within 30 days after it becomes operative in any county as to his position, or within 30 days after his entrance into the service, upon his written election to be so excluded. Any employee who elects to be excluded shall not thereafter be included in or participate in this system. (Added by Stats. 1947, Ch. 424.)
  112. 31983.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Covered county peace officers become members of the retirement system after the required resolution and 30-day waiting 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31983. In any county in which the predecessor of this chapter has become operative prior to August 4, 1943, the persons employed in positions included in the definition of “county peace officers” by subdivision (b) of Section 31904 shall become members of the system on the first day of the calendar month following the expiration of 30 days after the board of supervisors has adopted by a four-fifths (4/5) vote a resolution providing for the inclusion of such positions in the system. Thereafter each person employed in any position included in that definition shall become a member on the first day of the calendar month following the expiration of 30 days after he is so employed. (Added by Stats. 1947, Ch. 424.)
  113. 31984.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain eligible people may choose to join this retirement system, but if they do, they cannot belong to another county or judicial district retirement or pension system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31984. Any person who is eligible to participate in this system and who is a member of or participant in, or is eligible for membership or participation in, any other pension system provided by law for officers or employees of a county or judicial district may elect to become a member of this system, except as provided in Section 31982. Upon his election to participate in this system he is ineligible for membership or participation in any other retirement or pension system for officers or employees of a county or judicial district. (Amended by Stats. 1951, Ch. 1553.)
  114. 31985.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Covered county peace officers become members of the system after the required board resolution and waiting period, and later hires become members after 30 days of employment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Membership [31980 - 31985] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 31985. In any county in which the predecessor of this chapter has become operative prior to the effective date of this chapter, the persons employed in positions included in the definition of “county peace officers” by Section 30904.5 shall become members of the system on the first day of the calendar month following the expiration of 30 days after the board of supervisors has adopted by a four-fifths (4/5) vote a resolution providing for the inclusion of such positions in the system. Thereafter each person employed in any position included in that definition shall become a member on the first day of the calendar month following the expiration of 30 days after he is so employed. (Added by Stats. 1947, Ch. 270.)
  115. 32000.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county adopting this retirement system must open a trust fund account called the county peace officers’ retirement fund on the books of the county auditor and treasurer.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32000. For the purpose of providing and maintaining a fund to meet the payments of demands drawn for the payment of pensions and the expenses of the board, a trust fund account to be known as “county peace officers’ retirement fund” shall be opened upon the books of the auditor and treasurer of any county adopting a system under this chapter. The contributions of the members and the sums made available by the board of supervisors for this purpose shall be credited to the fund. (Added by Stats. 1947, Ch. 424.)
  116. 32001.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Transfers, payments, withdrawals, and other cash transactions for the fund must be recorded on the auditor’s and treasurer’s books like county transactions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32001. All transfers or payments to the fund and all withdrawals and other cash transactions shall be accounted upon the books of the auditor and treasurer in and out of this fund in the same manner as county transactions. (Added by Stats. 1947, Ch. 424.)
  117. 32002.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Warrants drawn on the fund must be signed by the treasurer and one board member designated by the board, and they are not valid until the county auditor countersigns, numbers, and records them.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32002. All warrants drawn on the fund shall be signed by the treasurer and at least one other member of the board, who shall be designated by the board. No warrant is valid until it is countersigned, numbered, and recorded by the county auditor. (Added by Stats. 1947, Ch. 424.)
  118. 32003.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Payments covered by this chapter must be made monthly and only upon proper vouchers.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Retirement Fund [32000 - 32003] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32003. Payments provided for in this chapter shall be made monthly upon proper vouchers. (Added by Stats. 1947, Ch. 424.)
  119. 3201.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    This section says political activities of public employees are a statewide concern and that this chapter overrides conflicting state and local laws, except as provided in Section 3207.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3201. The Legislature finds that political activities of public employees are of significant statewide concern. The provisions of this chapter shall supersede all provisions on this subject in the general law of this state or any city, county, or city and county charter except as provided in Section 3207. (Repealed and added by Stats. 1976, Ch. 1422.)
  120. 3202.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    This chapter applies to officers and employees of state and local agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3202. This chapter applies to all officers and employees of a state or local agency. (a) “Local agency” means a county, city, city and county, political subdivision, district other than a school district, or municipal corporation. Officers and employees of a given local agency include officers and employees of any other local agency whose principal duties consist of providing services to the given local agency. (b) “State agency” means every state office, department, division, bureau, board, commission, superior court, court of appeal, the Supreme Court, the California State University, the University of California, and the Legislature. (Amended by Stats. 1983, Ch. 143, Sec. 175.)
  121. 32020.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The normal contribution rates for members are determined based on the member’s age at the nearest birthday when entering 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32020. The normal rates of contribution of members shall be based on age at the nearest birthday at the time of entrance into the system. (Added by Stats. 1947, Ch. 424.)
  122. 32021.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The contribution rates must be set so they fund an average annuity equal to one-half of terminal salary, using board-adopted 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32021. The normal rates of contribution shall be such as will provide an average annuity at the lowest age at which the respective members are eligible for service retirement equal to one-half of terminal salary, according to the tables adopted by the board. (Added by Stats. 1947, Ch. 424.)
  123. 32022.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Each retirement system member must contribute a percentage of salary based on age at entry, until revised under the cited sections.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32022. Until revised pursuant to Sections 31963 and 31964, the rate of contribution of each member is that percentage of the salary actually paid to him, disregarding any portion in excess of five hundred dollars ($500) a month, shown in the following table according to age at the time of entry into the retirement system. Contribution, Age of entry percentage of into system salary 21 ........................ 4.31 22 ........................ 4.48 23 ........................ 4.66 24 ........................ 4.85 25 ........................ 5.05 26 ........................ 5.26 27 ........................ 5.49 28 ........................ 5.73 29 ........................ 5.98 30 ........................ 6.25 31 ........................ 6.54 32 ........................ 6.85 33 ........................ 7.18 34 ........................ 7.54 35 ........................ 7.93 36 ........................ 8.34 37 ........................ 8.80 38 ........................ 9.30 39 ........................ 9.86 40 ........................ 10.47 (Amended by Stats. 1947, Ch. 1483.)
  124. 32023.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Different contribution rates apply based on a member’s age when entering 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32023. The normal rate of contribution established for age 40 is the rate for any member who has attained a greater age before entrance into the system, and that established for age 21 is the rate for any member who enters the system at a lesser age. (Added by Stats. 1947, Ch. 424.)
  125. 32024.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member’s contribution rate applies only to salary actually paid plus certain in-kind benefits, up to $500 a month. The county auditor or similar payroll officer must deduct the amount from the first monthly salary or wage warrant and send it to the county treasurer for the member’s 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32024. The rate of contribution of any member shall apply only to so much of the salary actually paid to him, plus the monetary value as determined by the board of board, lodging, fuel, laundry, and other advantages of any nature furnished to him in payment for his services as does not exceed five hundred dollars ($500) a month. The amount shall be deducted by the county auditor, or other officer charged with the duty of drawing salary or wage warrants, from the first salary or wage warrant drawn in each month in favor of each member and shall be paid to the county treasurer and placed to the credit of the member’s account. (Amended by Stats. 1947, Ch. 1483.)
  126. 32025.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Payment of salaries and wages less the contribution discharges claims for the service period, except for benefits under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32025. Payment of salaries and wages less the contribution is full and complete discharge and acquittance of all claims and demands whatsoever for service rendered by the members during the period covered by such payment except the benefits afforded by this chapter. (Added by Stats. 1947, Ch. 424.)
  127. 32026.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a person elects to come within this chapter, sums due to that person or credited to that person under another system must be transferred to this system and credited 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32026. Upon election by any person to come within this chapter, any sums due him or to his credit under any other system shall be transferred to this system to his credit. (Added by Stats. 1947, Ch. 424.)
  128. 32027.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a person elects to come under this chapter, any money owed to that person under another system must be paid as if the person had separated from service, unless Section 32028 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32027. Upon election by any person to come within this chapter any sums due him under any other system shall be paid to him as in the case of separation from the service, except as provided in Section 32028. (Added by Stats. 1947, Ch. 424.)
  129. 32028.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person who joins this chapter and seeks prior-service credit as a county peace officer must be refunded only the excess credit from another pension system, if that credit is more than needed for the claimed prior-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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32028. Any person electing to come within this chapter who elects to secure credit for prior service as a county peace officer under this chapter, if he has to his credit in any other pension system a sum exceeding that necessary to entitle him to credit for such prior service, shall have refunded to him only the amount by which his credit in the other pension system exceeds that necessary to entitle him to the credit claimed for prior service. (Added by Stats. 1947, Ch. 424.)
  130. 32029.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors must each year set aside enough money for the fund, including interest and current demands, and the amount cannot be less than member contributions for that 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32029. The board of supervisors shall determine and appropriate each year an amount sufficient, together with the contributions of the peace officers, to meet all of the current demands, including interest, against the fund. The amount shall not be less than the total amount which will be contributed by members during that year. (Added by Stats. 1947, Ch. 424.)
  131. 3203.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    State or local agency officers and employees generally cannot be restricted in their political activities, except as this chapter allows or when needed to comply with federal law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3203. Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a state or local agency. (Repealed and added by Stats. 1976, Ch. 1422.)
  132. 32030.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may approve an extra appropriation to cover a fund deficit, but only up to the amount that would result from a specified tax levy. It must also deposit all contributions into the county treasury each month to the credit of 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32030. The board of supervisors may appropriate an additional amount, not to exceed the sum which would result from a tax levy on all of the property in the county subject to taxation of one-half cent ($0.005) per one hundred dollars ($100) of assessed valuation, to reduce or eliminate any deficit in the fund. The board of supervisors shall deposit monthly all contributions received in the county treasury to the credit of the fund. (Added by Stats. 1947, Ch. 424.)
  133. 32031.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When preparing and adopting the county budget, the board of supervisors must include enough money in salaries and wages to match employee contributions to 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32031. In the preparation and adoption of the county budget, the board of supervisors shall add to and include in the appropriation for salaries and wages an appropriation sufficient to match the contributions of employees who are members of the system. (Amended by Stats. 1947, Ch. 1483.)
  134. 32032.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The county auditor must certify monthly the total member contributions paid into the fund, and the board of supervisors must then transfer at least a matching amount from the appropriation to 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32032. The county auditor shall certify to the board of supervisors at the end of each month the total amount of contributions paid by members to the fund, and the board of supervisors shall thereupon transfer not less than a like amount from the appropriation to the fund. (Added by Stats. 1947, Ch. 424.)
  135. 32033.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    All contributions and deposits earn simple interest at a rate set by the board of retirement with board of supervisors approval, capped at 4% 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32033. All contributions and deposits shall bear simple interest at a rate to be fixed by the board of retirement with the approval of the board of supervisors, not to exceed 4 percent a year. Interest shall be credited semiannually on June 30th and December 31st to all contributions in the retirement fund to the credit of each member which have been on deposit for six months immediately prior to such date. (Added by Stats. 1947, Ch. 424.)
  136. 32034.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county or district officers and employees lose service credit unless they pay the required contributions plus interest within the stated 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32034. If any officer or employee of the county or of any district not previously included within the field of membership in the system is brought within the field of membership subsequent to the date upon which the system originally became operative in the county, he shall not receive credit for service or for prior service unless he elects to pay and does pay into the fund within one year after such inclusion, and before an application for retirement is filed, an amount equal to the contributions he would have made had he been a member from the date of his entry into the service of the county or district, together with interest thereon at the rate fixed by the board pursuant to Section 32033. If during any part of the period for which prior service credit is claimed the rate of contribution was fixed upon the basis of the member’s age at entry into the system, the rate of contribution shall be the rate applicable to the member upon the date of his entry into the system. (Added by Stats. 1947, Ch. 424.)
  137. 32035.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who returns to peace officer service after military duty may be treated as having continuous service if he pays into the fund the missed contributions within the stated 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32035. Any member who enters or has entered the armed forces of the United States after June 1, 1940, during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active service as a peace officer within 90 days after the termination of military service during the war or emergency is deemed to have been in continuous service as a peace officer during the time he was in the armed forces of the United States if, during the period of his absence from active duty or within one year after his return from military duty and such further time not exceeding an additional two years as is granted by the board, he pays into the fund an amount equal to the contributions he would have made had he remained on active duty. (Added by Stats. 1947, Ch. 424.)
  138. 32036.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When a county peace officer member leaves service, the treatment of contributions depends on the reason and timing of 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32036. If any member of the system is separated from the service of the county before retirement for any cause other than for death or permanent disability, any contributions made by him shall become part of the retirement fund. If the separation is caused by death or disability, there shall be paid to him or his heirs all his contributions to the fund and one-half of all interest credited to his account. Any contributions paid into the system by a member prior to the ninety-first day after the final adjournment of the 1947 Regular Session of the Legislature shall be returned to any member upon his separation from service of the county in the same manner as provided in this section for payment upon separation caused by death or disability. (Added by renumbering Section 30236 by Stats. 1980, Ch. 676.)
  139. 32037.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member dies before retirement in certain non-duty-related circumstances, the system must pay the nominated beneficiary or the legal representative the member’s contributions plus half of credited interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32037. Upon the death before retirement of any member from any cause other than injury received during the performance of his duty or sickness caused by the discharge of his duty, the system shall pay to such person as he nominates, or otherwise to his legal representative, an amount equal to all his contributions to the fund and one-half of all interest credited to his account. (Added by Stats. 1947, Ch. 424.)
  140. 32038.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may pay back into the fund after a work-related temporary incapacity, and the credited time counts as county peace officer service once payment is 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32038. If any member is compelled to be absent from his employment because temporarily incapacitated for the performance of duty as the result of injury or disease occurring in and arising out of his employment, because of which he becomes entitled to workmen’s compensation, within 90 days after his return to active employment, or within 90 days after the effective date of this section, whichever first occurs, or within such further time as may be granted by the board, he may pay into the fund an amount equal to that which would have been deducted had he remained in active employment. Upon the making of such payment, such time, whether before or after the effective date of this section, shall be considered as time served as a county peace officer. (Added by Stats. 1947, Ch. 270.)
  141. 32039.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may choose to make an extra contribution for certain members who left for military service and returned to active peace-officer service within 90 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32039. Notwithstanding the provisions of this article, the board of supervisors may elect to contribute for each member of this system who has entered the armed forces of the United States after June 1, 1940, during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active service as a peace officer within ninety days after the termination of such military service, in addition to contributions required by Sections 32029 and 32031, an amount equal to twice the amount which such member would have contributed had he remained in service as a peace officer and received the full salary of the position or positions which he held during the time of such military service. (Added by Stats. 1949, Ch. 481.)
  142. 3204.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    People holding or seeking state or local office or employment must not use their office, authority, or influence to reward or pressure anyone based on political support or other corrupt consideration.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3204. No one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the state or local agency, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee’s action. (Repealed and added by Stats. 1976, Ch. 1422.)
  143. 32040.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board of supervisors elects to contribute under Section 32039, certain members returning from military service can get contributions refunded or credited, and a resigning member may withdraw only a limited portion of their own 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Contributions [32020 - 32040] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32040. If the board of supervisors elects to contribute as provided in Section 32039: (a) Any such member who exercises or did exercise the right to contribute to the system during the period of military service shall have such contributions refunded. (b) Any such member who withdraws or has withdrawn his accumulated contributions during his military service and who does not or did not redeposit the amount withdrawn upon his return to service as a peace officer is entitled to be credited with any contribution the board of supervisors elects to make, and to receive credit for service during the period he was absent on military service, the same as if he had not withdrawn his accumulated contributions, and his rate for future contributions shall be based upon his age at the commencement of his absence on military service. (c) The contributions made by the board of supervisors pursuant to this section shall be available only for the purpose of retirement for service or for disability, and shall be made available only for the purpose of retirement, and a member resigning from county service after reinstatement from military service shall be entitled to withdraw only that portion of his accumulated contributions personally made by him and which are subject to withdrawal under Section 32036. (Added by Stats. 1949, Ch. 481.)
  144. 3205.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    Local agency officers, employees, and local agency candidates may not solicit political contributions from agency employees or listed applicants when they know the person is an agency officer or employee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3205. (a) An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency. (b) A candidate for elective office of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency. (c) This section shall not prohibit an officer or employee of a local agency, or a candidate for elective office in a local agency, from requesting political contributions from officers or employees of that agency if the solicitation is part of a solicitation made to a significant segment of the public which may include officers or employees of that local agency. (d) Violation of this section is punishable as a misdemeanor. The district attorney shall have all authority to prosecute under this section. (e) For purposes of this section, the term “contribution” shall have the same meaning as defined in Section 82015. (Repealed and added by Stats. 1995, Ch. 653, Sec. 2. Effective January 1, 1996.)
  145. 3205.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    An officeholder or candidate for office must not offer or arrange a pay increase for a state or local agency employee in exchange for a contribution or loan to a controlled committee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3205.5. No one who holds, or who is seeking election or appointment to, any office shall, directly or indirectly, offer or arrange for any increase in compensation or salary for an employee of a state or local agency in exchange for, or a promise of, a contribution or loan to any committee controlled directly or indirectly by the person who holds, or who is seeking election or appointment to, an office. A violation of this section is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine. (Added by Stats. 1997, Ch. 206, Sec. 1. Effective January 1, 1998.)
  146. 32050.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may retire certain county peace officer members after application, and some members must be retired at a later mandatory retirement age or 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32050. The board shall, upon application of a member who has served for 20 years or more in the aggregate as a county peace officer, and who has attained age 55, and except as to the sheriff and the undersheriff, upon its own motion may retire such member. Every member, except the sheriff and undersheriff, who has served 20 or more years in the aggregate, shall be retired as of the first day of the month after attaining age 60 or as of the first day of the month following the ninety-first day after the adjournment of the Fifty-seventh Regular Session of the Legislature, whichever is later. (Amended by Stats. 1947, Ch. 1483.)
  147. 32050.5.

    ## 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When calculating a county peace officer’s service time, all time served as a constable or deputy constable in any township or judicial district in the county must be counted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32050.5. In computing the time of service of any county peace officer as defined in Section 31904, subdivision (a), there shall be included all time served as a constable or deputy constable of any township or judicial district in the county, whether continuous or broken. (Amended by Stats. 1951, Ch. 1553.)
  148. 32051.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person retiring for service is entitled to a lifetime pension paid monthly, equal to half of terminal salary, capped at $250 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32051. Any person retiring for service shall receive a pension payable in monthly installments during his lifetime, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. (Amended by Stats. 1947, Ch. 1483.)
  149. 32052.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    After 20 years of service, the board may retire a motorcycle police officer for service if three board-appointed physicians judge that the officer cannot properly perform the duties of office.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32052. After 20 years of service any motorcycle police officer may be retired by the board for service, if in the judgment of three physicians appointed by the board he is unable to discharge the duties of his office properly. (Added by Stats. 1947, Ch. 424.)
  150. 32053.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county peace officer member must be retired for disability if the incapacity came from an injury or disease arising out of employment; another incapacitated member must be retired after 10 years of service. The board determines 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32053. Any member shall be retired for disability regardless of age or amount of service, if incapacitated for the performance of duty as the result of an injury or disease occurring in and arising out of the course of his employment. Any member otherwise incapacitated for the performance of duty shall be retired regardless of age, but only after 10 years of service as a county peace officer. Incapacity for performance of duty shall be determined by the board. (Added by Stats. 1947, Ch. 424.)
  151. 32054.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member has served 15 years or more and develops heart trouble, the board and court must presume the condition arose out of employment unless there is evidence to the contrary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32054. If a member who has served 15 years or more develops heart trouble, it shall be presumed in any proceeding under this chapter, by the board and by the court, in the absence of evidence to the contrary, that such heart trouble is an injury or disease occuring in and arising out of his employment. (Added by Stats. 1947, Ch. 424.)
  152. 32055.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member retiring for service-connected disability is entitled to an annual pension paid monthly at half of terminal salary, capped at $250 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32055. Upon retirement of a member for service connected disability, he shall receive an annual pension, payable in monthly installments, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. (Amended by Stats. 1947, Ch. 1483.)
  153. 32056.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section provides survivor pension benefits when a member or pensioner dies in duty-related circumstances or after 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32056. Whenever any member or pensioner is killed, or dies as a result of any injury received during the performance of his duty, or from sickness caused by the discharge of such duty, or after retirement for service connected disability, an annual pension shall be paid in equal monthly installments to his widow or widower in an amount equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. The pension shall be paid to the widow or widower during her or his lifetime or until he or she remarries. Thereafter, or if there is no widow or widower entitled to receive the pension, it shall be paid to such of his children, through their guardian, as are under eighteen years of age, to be equally divided among them in the following amounts: For one child ........................ $50 For two children ........................ $75 For three or more children ........................ $100 A widow or widower of a pensioner is not entitled to a pension unless she or he was married to the deceased pensioner at least five years prior to the date of his retirement. If the widow, widower, child, or children marry, the pension paid to the person so marrying shall cease. (Amended by Stats. 1949, Ch. 1367.)
  154. 32057.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member retired for nonservice connected disability is entitled to an annual pension paid monthly, with the amount based on years of service and capped at half of terminal salary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32057. Upon retirement of a member for nonservice connected disability, he shall receive an annual pension, payable in monthly installments, dependent upon the aggregate length of his service, as follows: After 10 years but less than 12 years of service, fifty dollars ($50) a month. After 12 years but less than 14 years of service, fifty-five dollars ($55) a month. After 14 years but less than 16 years of service, sixty dollars ($60) a month. After 16 years but less than 18 years of service, sixty-five dollars ($65) a month. After 18 years but less than 20 years of service, seventy dollars ($70) a month. After 20 years of service, seventy-five dollars ($75) a month. A pension for nonservice connected disability shall not exceed one-half of the terminal salary of the pensioner. (Added by Stats. 1947, Ch. 424.)
  155. 32058.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may require disability retirees under age 50 to undergo a medical examination.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32058. The board may require any pensioner retired for disability, under age 50, to undergo medical examination. The examination shall be made by a physician, appointed by the board, at the place of residence of the pensioner or other place mutually agreed upon. Upon the basis of the examination the board shall determine whether the pensioner is still physically or mentally incapacitated for service in the position held by him at the time of his retirement. (Added by Stats. 1947, Ch. 424.)
  156. 32059.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board finds the pensioner is not incapacitated, the pension must be canceled right away, and the person may be reinstated or reemployed in county service under county 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32059. If the board determines that the pensioner is not so incapacitated, his pension shall be canceled forthwith, and pursuant to regulations adopted by the county for the reinstatement or reemployment of personnel, he is eligible for reinstatement or reemployment in the county service. (Added by Stats. 1947, Ch. 424.)
  157. 3206.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    Officers or employees of a local agency must not participate in political activities while in uniform.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3206. No officer or employee of a local agency shall participate in political activities of any kind while in uniform. (Repealed and added by Stats. 1976, Ch. 1422.)
  158. 32060.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a pension is canceled, the pensioner must be paid back the accumulated contributions and credited interest, minus half of the pension payments already received during 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 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32060. If a pension is canceled, there shall be immediately paid to the pensioner out of the fund the amount of his accumulated contributions as of the date of his retirement and all interest credited to his account, less an amount equal to one-half of the pension payments made to him during the period of his retirement. (Added by Stats. 1947, Ch. 424.)
  159. 32061.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a pensioner returns to county service and qualifies for membership, his future contribution rate is based on his age at reentry. To get credit for earlier service, he must deposit into the fund an amount equal to what he received when his pension was cancelled within six months after reinstatement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32061. If the pensioner reenters county service and is eligible for membership in this system, his rate of contribution for future years is that established for his age at the time of reentry. He shall receive credit for all service rendered by him prior to the time of his disability retirement if he deposits into the fund within six months after his reinstatement an amount equal to that paid to him upon cancellation of his pension. (Added by Stats. 1947, Ch. 424.)
  160. 32062.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member or pensioner may, before the first pension payment, elect a reduced pension option that provides survivor payments to a widow, widower, or beneficiary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32062. At any time before the first payment of any pension is made, a member or pensioner may elect to receive the actuarial equivalent at that time of his pension in a lesser pension payable throughout his life and that of his widow, widower or beneficiary, if he or she survives him, in accordance with one of the following options: Option 1: Upon his death, such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary. Option 2: Upon his death, one-half of such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary. (Amended by Stats. 1949, Ch. 1367.)
  161. 32063.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may file a written beneficiary nomination with the board. If beneficiaries are named jointly, the board may pay one of them and that payment fully discharges the amount due.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 4. County Peace Officers Retirement Law [31900 - 32063] ( Chapter 4 added by Stats. 1947, Ch. 424. ) ## ARTICLE 7. Benefits [32050 - 32063] ( Article 7 added by Stats. 1947, Ch. 424. ) ## 32063. Any member may file with the board a written statement nominating one or more beneficiaries, jointly, contingently, or both. If joint beneficiaries are named, the board may pay the amount due to any one of them, and the payment is a complete discharge. (Added by Stats. 1947, Ch. 424.)
  162. 3207.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    Local charters or certain local agencies may adopt rules to prohibit or restrict political activity by officers and employees during work hours or on local agency premises.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3207. Any city, county, or city and county charter or, in the absence of a charter provision, the governing body of any local agency and any agency not subject to Section 19251 by establishing rules and regulations, may prohibit or otherwise restrict the following: (a) Officers and employees engaging in political activity during working hours. (b) Political activities on the premises of the local agency. (Added by Stats. 1976, Ch. 1422.)
  163. 3208.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    The chapter’s limits are the only restrictions on state employees’ political activities, except as Section 19990 provides.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3208. Except as provided in Section 19990, the limitations set forth in this chapter shall be the only restrictions on the political activities of state employees. (Amended by Stats. 1983, Ch. 142, Sec. 25.)
  164. 3209.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )

    Verify source ↗

    State and local agency officers and employees may solicit or receive political funds or contributions to support or oppose a ballot measure affecting their workplace conditions, but the agency may restrict those activities during working hours and may limit entry into government offices for that purpose during working hours.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. ) ## 3209. Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of such state or local agency, except that a state or local agency may prohibit or limit such activities by its employees during their working hours and may prohibit or limit entry into governmental offices for such purposes during working hours. (Added by Stats. 1976, Ch. 1422.)
  165. 32200.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter may be cited as the County Fire Service Retirement Law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32200. This chapter may be cited as the County Fire Service Retirement Law. (Added by Stats. 1947, Ch. 424.)
  166. 32201.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section says the chapter exists to recognize a public obligation to certain public employees and to provide retirement benefits for those who become incapacitated or are replaced because of age.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32201. The purpose of this chapter is to recognize a public obligation to employees in the public service whose duties expose them to more than ordinary risks and to provide a means whereby such public employees who become incapacitated in the performance of their duties or by age may be replaced by more capable employees to the betterment of the public service without prejudice and without inflicting a hardship upon the employees removed. The retirement pension and benefits provided in this chapter are granted as an additional element of compensation for future services. (Added by Stats. 1947, Ch. 424.)
  167. 32202.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter must be interpreted liberally to carry out its purpose, and it must not be treated as a local measure or as a benefit for particular persons or places.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32202. This chapter shall be given a liberal interpretation with a view of carrying out its purpose and shall not be construed as a local measure or one intended as a benefit to particular persons or places. (Added by Stats. 1947, Ch. 424.)
  168. 32203.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The definitions and general provisions in this article govern how this chapter is read, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32203. Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter. (Added by Stats. 1947, Ch. 424.)
  169. 32204.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines which county fire service positions count for retirement law coverage and says the Board of Retirement decides doubtful eligibility 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32204. “County foresters, firewardens and firemen” include all county foresters, county firewardens, deputy or assistant county foresters, deputy or assistant county firewardens, fire apparatus engineers, fire prevention inspectors, forest firemen, fire patrolmen, and foremen assigned to fire suppression crews, and all other personnel not specifically excluded who are assigned to active fire suppression in any county forester’s or county firewarden’s department and all officers, engineers, and firemen of any county fire protection district, and all other personnel not specifically excluded who are assigned to active fire suppression in any county fire protection district. Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call firemen, and volunteer employees, or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county firewarden or honorary deputy county forester, or voluntary firewarden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. In cases of doubtful eligibility, the Board of Retirement shall be the deciding authority. (Amended by Stats. 1949, Ch. 1369.)
  170. 32204.5.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    People who start service as a county forester, firewarden, or fireman after turning 40 cannot become members under this chapter, unless they were already members when the amendment was adopted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32204.5. Any person who enters service as a “county forester, firewarden, or fireman” and has reached his fortieth birthday, shall be ineligible to become a member under this chapter, except any person who is a member at the time of the adoption of this amendment will retain his membership. (Added by Stats. 1949, Ch. 1369.)
  171. 32205.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    "Terminal salary" means the average salary earnable by a member during either the last three years or the last five years before retirement, whichever is greater.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32205. “Terminal salary” means the average salary earnable by any member during (a) the last three years, or (b) the last five years prior to the date of his retirement, whichever is the greater. (Added by Stats. 1947, Ch. 424.)
  172. 32206.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “Board” and “board of retirement” to mean the County Foresters, Firewardens, and County Fire Protection District Firemen’s Retirement 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32206. “Board” and “board of retirement” mean the County Foresters, Firewardens, and County Fire Protection District Firemen’s Retirement Board. (Added by Stats. 1947, Ch. 424.)
  173. 32207.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Fund” means the County Foresters, Firewardens, and Firemen’s 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32207. “Fund” means the County Foresters, Firewardens, and Firemen’s Retirement Fund. (Added by Stats. 1947, Ch. 424.)
  174. 32208.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “System” means the retirement system provided for in this chapter or its predecessor.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32208. “System” means the retirement system provided for in this chapter or its predecessor. The retirement system for county foresters, fire wardens, and county fire protection district firemen created by Chapter 174 of the Statutes of 1939, as amended, is continued in existence under this chapter. (Added by Stats. 1947, Ch. 424.)
  175. 32209.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Member” means a person in the system’s membership, including retired members.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32209. “Member” means any person included in the membership of the system, and includes retired members. (Added by Stats. 1947, Ch. 424.)
  176. 32210.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Property acquired under this chapter is titled in the county. Money due to a member stays with the county or county fire protection district until the member is entitled to it. Certain wages, pension/annuity rights, and fund rights are tax-exempt and generally protected from court process, and assignments of those rights are void.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32210. The title to all property acquired pursuant to this chapter shall be taken in the name of the county. The title to any money which becomes due to any member shall not pass from the county or county fire protection district to the member until he or she is entitled thereto under this chapter. That portion of the wages of any member deducted or to be deducted under this chapter, the right of a member or other person to an annuity or pension, and all rights of the member or other person in the fund are exempt from taxation and shall not be taken upon execution or other process of any court except to the extent permitted by Section 704.110 of the Code of Civil Procedure. An assignment of any right in or to the funds, or to any pension or annuity is void. (Amended by Stats. 1982, Ch. 497, Sec. 119. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  177. 32211.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may levy a special tax for paying pensions and annuities under systems or associations established by law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [32200 - 32211] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 32211. The board of supervisors may levy a special tax to be used for the payment of pensions and annuities under such pension, retirement, and benefit systems or associations as are established by law. (Added by Stats. 1947, Ch. 424.)
  178. 32230.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This chapter takes effect in a county only if the board of supervisors accepts it by ordinance passed by a four-fifths vote, and it becomes operative later on a specified date after three months have passed.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32230. This chapter shall become effective in any county, upon its acceptance by ordinance passed by four-fifths vote of the board of supervisors, and shall become operative in the county on January 1st or July 1st following the expiration of three months after the passage of the ordinance. (Added by Stats. 1947, Ch. 424.)
  179. 32231.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may abolish the county fire service retirement system by a four-fifths vote and ordinance. Existing pension rights must still be honored, and if the fund is short, pensions are paid from the county general fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32231. By the adoption of an ordinance passed by a four-fifths (4/5) vote, the board of supervisors may abolish a system theretofore established pursuant to this chapter or its predecessor in the county. The abolishment of the system shall not impair the right of any person to whom pension rights have accrued to continue to receive such pension after the abolishment of the system, and if the fund is inadequate to pay such pensions, they shall be paid from and constitute a charge upon the general fund of the county. (Added by Stats. 1947, Ch. 424.)
  180. 32232.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the retirement system is abolished in a county, each active member must be paid a refund of all contributions and credited interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32232. If any such system is abolished in any county, each active member as of the date of the abolishment shall be paid a refund of all contributions made by him to the fund and all interest credited to his contributions as of the date of the abolishment of the system. (Added by Stats. 1947, Ch. 424.)
  181. 32233.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    People entitled to membership in this retirement system must not participate in any other system provided by law for county or county fire protection district officers or employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32233. The system established pursuant to this chapter or its predecessor is exclusive, and persons entitled to membership in this system shall not participate in any other system provided by law for county or county fire protection district officers or employees. (Added by Stats. 1947, Ch. 424.)
  182. 32234.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County foresters, firewardens, and firemen must be included in and subject to this chapter, except as this article provides otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32234. Except as provided in this article, all county foresters, firewardens, and firemen shall be included in and be subject to this chapter on the first day of the calendar month following the expiration of 30 days after it becomes operative in any county or on the first day of the calendar month following the expiration of 30 days after their entrance into the service, whichever is later. (Added by Stats. 1947, Ch. 424.)
  183. 32235.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county fire personnel may choose to opt out of this chapter within 30 days after it takes effect in a county; anyone who opts out cannot later be included in or participate in the system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32235. Any county forester, firewarden, or fireman may elect to be excluded from this chapter at any time within 30 days after it becomes operative in any county. Any employee who elects to be excluded shall not thereafter be included in or participate in this system. (Added by Stats. 1947, Ch. 424.)
  184. 32235.5.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county or special district employees who are already in another retirement system may choose to be excluded from this 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32235.5. Any employee of the county or any special district thereof who is a member of another retirement system, and who through transfer or appointment becomes eligible for membership in this chapter, may elect to be excluded from this system. Any employee who so elects within thirty days after transfer or permanent appointment, shall not thereafter be included in or participate in this chapter. (Added by Stats. 1949, Ch. 1369.)
  185. 32236.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualified person who elects coverage under this chapter is excluded from other state, city, or county retirement systems.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Retirement System [32230 - 32236] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 32236. Upon election by any qualified person to come within this chapter, he shall be excluded from any other retirement system established under the laws of this State or any city or county. (Added by Stats. 1947, Ch. 424.)
  186. 32250.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement system is managed by a county retirement board made up of five 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32250. The management of the system is vested in a county foresters, fire wardens, and fire protection district foremen’s retirement board, consisting of five members. (Added by Stats. 1947, Ch. 424.)
  187. 32251.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must have the county treasurer as one of its members, serving ex officio.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32251. One member of the board shall be the county treasurer, acting in an ex officio capacity. (Added by Stats. 1947, Ch. 424.)
  188. 32252.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The second member must be a member of the county forester and firewarden department and a member of the system, and must be elected by eligible department members within 30 days after the system becomes operative.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32252. The second member shall be a member of the county forester and firewarden department and a member of the system. He shall be elected by the members of that department who are members of the system, within 30 days after the date on which the system becomes operative, in a manner determined by the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  189. 32253.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The third board member must be part of the county fire protection districts personnel and the system, and must be elected by qualifying district members within 30 days after the system becomes operative.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32253. The third member shall be a member of the county fire protection districts personnel and a member of the system. He shall be elected by the members of the county fire protection districts who are members of the system, within 30 days after the date on which the system becomes operative, in a manner determined by the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  190. 32254.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a county meets the listed fire-service conditions, the second and third board members must be elected from district members who are also system 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32254. If any county has all of its fire protective personnel under the jurisdiction of a single fire protection district or a series of fire protection districts and has no fire protective personnel under the jurisdiction of a general county forester or firewarden, the second and third members shall be elected from the members of the fire protection district who are members of the system. (Added by Stats. 1947, Ch. 424.)
  191. 32255.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    If a county meets the stated fire-service conditions, the second and third board members are elected from members of the general county department who are in 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32255. If any county has all of its fire protective personnel under the jurisdiction of a general county forester or firewarden, or both, and has no fire protective personnel under the jurisdiction of a fire protection district, the second and third members shall be elected from the members of the general county department who are members of the retirement system. (Added by Stats. 1947, Ch. 424.)
  192. 32256.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board of supervisors must appoint the fourth and fifth board members within 30 days after the operative date. Those members must be county electors who are not connected with county government, although one may be a member of the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32256. The fourth and fifth members shall be qualified electors of the county who are not connected with county government in any capacity, appointed by the board of supervisors within 30 days after the operative date, except that one of such members may be a member of the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  193. 32257.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    Some board members serve initial terms of two or three years, and the four elected members later serve three-year terms.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32257. The first persons elected or appointed as the second and fourth members shall serve for two years from the operative date, and the third and fifth members so elected or appointed shall serve for a term of three years from the operative date. Thereafter, the term of office of the four elected members is three years. (Added by Stats. 1947, Ch. 424.)
  194. 32258.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The first, second, and third board members serve without compensation and can be reimbursed by the county for covered expenses and losses of salary or wages tied to board 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32258. The first, second, and third members of the board shall serve without compensation, but shall be reimbursed out of the funds of the county for any expense or loss of salary or wages which they incur through services on the board and for costs of operation of this system. (Added by Stats. 1947, Ch. 424.)
  195. 32259.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The fourth and fifth board members are entitled to $10 for each board meeting they attend, up to 12 meetings in a calendar 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32259. The fourth and fifth members of the board shall each receive as compensation for his services ten dollars ($10) for each meeting of the board at which he is in attendance, not to exceed 12 board meetings in any one calendar year. (Added by Stats. 1947, Ch. 424.)
  196. 32260.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must organize by choosing one of its members as chairman, and afterward it must choose its officers every two 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32260. The board shall organize by choosing one of its number as chairman. Thereafter the officers shall be chosen biennially by the board. (Added by Stats. 1947, Ch. 424.)
  197. 32261.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must meet at least once every three months each calendar year, and the secretary must give notice of meetings at least three days in advance.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32261. The board shall meet for the transaction of business at least once every three months in each calendar year and at other times as it or a majority of its members orders. Notice of all meetings shall be given by the secretary at least three days in advance of the meeting. (Added by Stats. 1947, Ch. 424.)
  198. 32262.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    A majority of the board members may conduct board business if the second or third member is present.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32262. A majority of the members may transact any business of the board provided that the second or third member is present. (Amended by Stats. 1951, Ch. 1236.)
  199. 32263.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board may require witnesses to appear and testify on matters related to this chapter, and the chairman or any board member may administer oaths.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32263. The board may compel witnesses to attend and testify before it, upon all matters connected with the operation of this chapter, in the same manner as is provided by law for the taking of testimony before notaries public. The chairman or any member of the board may administer oaths to the witnesses. (Added by Stats. 1947, Ch. 424.)
  200. 32264.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board may appoint a secretary and pay its necessary expenses from the fund, including secretary hire and printing.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32264. The board may appoint a secretary and provide for the payment from the fund of all its necessary expenses, including secretary hire and printing. (Added by Stats. 1947, Ch. 424.)

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