2005 California Government Code Sections 31520-31539 Article 3. Retirement Board

31520.  Except as otherwise delegated to the board of investment and
except for the statutory duties of the county treasurer, the
management of the retirement system is vested in the board of
retirement, consisting of five members, one of whom shall be the
county treasurer.  The second and third members of the board shall be
active members of the association elected by it within 30 days after
the retirement system becomes operative in a manner determined by
the board of supervisors.  The fourth and fifth members shall be
qualified electors of the county who are not connected with county
government in any capacity, except one may be a supervisor and one
may be a retired member, and shall be chosen by the board of
supervisors.  The first persons chosen as the second and fourth
members shall serve for two years from the date the system becomes
operative and the third and fifth members shall serve for a term of
three years from that date.  Thereafter the terms of office of the
four elected members are three years.
   As used in this section "active member" means a member in the
active service of a county, district, or superior court and a
"retired member" means a member, including a member under former
Section 31555, retired for service or disability.
31520.1.  In any county subject to Articles 6.8 (commencing with
Section 31639) and 7.5 (commencing with Section 31662.2), the board
of retirement shall consist of nine members and one alternate, one of
whom shall be the county treasurer.  The second and third members of
the board shall be members of the association, other than safety
members, elected by those members within 30 days after the retirement
system becomes operative in a manner determined by the board of
supervisors.  The fourth, fifth, sixth, and ninth members shall be
qualified electors of the county who are not connected with the
county government in any capacity, except one may be a supervisor,
and shall be appointed by the board of supervisors.  A supervisor
appointed as a member of the retirement board may not serve beyond
his or her term of office as supervisor.  The seventh member shall be
a safety member of the association elected by the safety members.
The eighth member shall be a retired member elected by the retired
members of the association in a manner to be determined by the board
of supervisors.  The alternate member shall be that candidate, if
any, for the seventh member from the group under Section 31470.2 or
31470.4, or any other eligible safety member in a county if there is
no eligible candidate from the groups under Sections 31470.2 and
31470.4, which is not represented by a board member who received the
highest number of votes of all candidates in that group.  If there is
no eligible candidate there may not be an alternate member.  The
first person chosen as the second and fourth members shall serve for
a term of two years beginning with the date the system becomes
operative, the third and fifth members shall serve for a term of
three years beginning with that date, and the sixth, seventh and
alternate members shall serve for a term of two years beginning
January 1, 1952, or the date on which a retirement system established
by this chapter becomes operative, whichever is the later.  The
eighth and ninth members shall take office as soon as practicable for
an initial term to expire concurrent with the expiration of the
longest remaining term of an elected member. Thereafter, the terms of
office of the elected and appointed members and alternate are three
years.
   The alternate member provided for by this section shall vote as a
member of the board only if the second, third, seventh, or eighth
member is absent from a board meeting for any cause, or if there is a
vacancy with respect to the second, third, seventh, or eighth
member, the alternate member shall fill the vacancy until a successor
qualifies.  The alternate shall sit on the board in place of the
seventh member if a member of the same service is before the board
for determination of his or her retirement.
   The amendments to this section during the 1972 Regular Session do
not affect the continuation on the board of retired members appointed
by the board of supervisors until the expiration of the term for
which they were appointed.
31520.11.  As an alternative to the terms of office specified in
Section 31520.  1, the County of Contra Costa may, if the board of
supervisors adopts a resolution, have terms of office which expire as
follows:
   Seat number 1, the treasurer, who serves on the board of
retirement ex officio, and whose term of office on the retirement
board expires with his or her term of office as treasurer.
   Seats 2, 4, and 8 expire June 30, 1992, and every three years
thereafter.
   Seats 3, 5, and 9 expire June 30, 1993, and every three years
thereafter.
   Seats 6, 7, and alternate expire June 30, 1994, and every three
years thereafter.
31520.12.  (a) Notwithstanding Section 31520.1, and subject to the
limitations of subdivision (c), in any county subject to Articles 6.8
(commencing with Section 31639) and 7.5 (commencing with Section
31662), the board of supervisors may, by resolution adopted by
majority vote, appoint an alternate member for the fourth, fifth,
sixth, and ninth members. The term of office of the alternate member
shall run concurrently with the term of office of the ninth member.
The alternate member shall vote as a member of the board only in the
event the fourth, fifth, sixth, or ninth member is absent from a
board meeting for any cause. If there is a vacancy with respect to
the fourth, fifth, sixth, or ninth member, the alternate member shall
fill that vacancy until a successor qualifies.
   (b) The alternate member for the fourth, fifth, sixth, or ninth
member shall be entitled to the same compensation as the fourth,
fifth, sixth, or ninth member for attending a meeting, pursuant to
Section 31521, whether or not the fourth, fifth, sixth, or ninth
member attends the meeting.
   (c) If the board of supervisors appoints a supervisor as the
fourth, fifth, sixth, or ninth member, an alternate member appointed
pursuant to subdivision (a) may not serve as an alternate for that
supervisor member unless service by an alternate member for an
appointed supervisor member is approved by the majority of the
electors in the county.
   (d) This section shall apply only to a county of the ninth class,
as defined in Sections 28020 and 28030.
31520.2.  In any county in which the assets of the retirement system
exceed eight hundred million dollars ($800,000,000), the board of
supervisors may, by resolution, establish a board of investments.
The board shall consist of nine members, one of whom shall be the
county treasurer.  The second and third members shall be general
members of the association elected by the general membership of the
association for a three-year term and, on the effective date of the
amendment to this section during the 1970 Regular Session, shall also
be members of the board of retirement.  The fourth member shall be a
safety member elected by the safety membership of the association
for a three-year term and, on the effective date of the amendment to
this section during the 1970 Regular Session, shall also be a member
of the board of retirement.  The eighth member shall be a retired
member of the association elected by the retired membership of the
association for a three-year term and, on the effective date of the
amendment to this section during the 1976 Regular Session, shall also
be a member of the board of retirement.  The fifth, sixth, seventh,
and ninth members shall be qualified electors of the county who are
not connected with county government in any capacity, and shall be
appointed by the board of supervisors.  They shall also have had
significant experience in institutional investing, either as
investment officer of a bank, or trust company; or as investment
officer of an insurance company, or in an active, or advisory,
capacity as to investments of institutional or endownment funds.  The
first person chosen as a fifth, sixth, or seventh member, shall
serve for three years, the second person chosen shall serve a
four-year term, and the third person chosen shall serve a two-year
term.  The ninth member shall be appointed for the balance of a term
ending December 31, 1978.  Thereafter, all terms of all appointed
members shall be three years.  The general members, the safety
member, and the retired member shall serve on the board of investment
until their current term as members of the board of retirement
expires.
   The board of investment shall be responsible for all investments
of the retirement system.
31520.3.  Notwithstanding Section 31520.1, the board of retirement
of a county of the 16th class, as defined by Sections 28020 and
28037, as amended by Chapter 1204 of the Statutes of 1971, may, by
majority vote, appoint, from a list of nominees submitted by an
organization consisting solely of retired members, an alternate
retired member to the office of the eighth member, who shall serve
until the expiration of the current term of the current eighth member
and thereafter the alternate retired member shall be elected by the
retired members of the association in the same manner and at the same
time as the eighth member is elected.  The term of office of the
alternate retired member shall run concurrently with the term of
office of the eighth member. The alternate retired member shall vote
as a member of the board only in the event the eighth member is
absent from a board meeting for any cause.  If there is a vacancy
with respect to the eighth member, the alternate retired member shall
fill that vacancy until a successor qualifies.  The alternate
retired member shall be entitled to the same compensation as the
eighth member for attending a meeting, pursuant to Section 31521,
whether or not the eighth member is in attendance at those meetings.
In the event that this section is made applicable in any county, by
the appointment of an alternate eighth member, the alternate safety
member shall not sit and act for the eighth member.
31520.4.  In any county with a board of retirement composed of nine
members pursuant to Section 31520.1, if the second, third, seventh,
or alternate member of the board is injured or killed while
performing his or her duties as a member of the board, that member
shall be deemed to have been acting in the course and scope of his or
her duties as an employee of the county or district employing the
member, for the limited purpose of determining eligibility for
workers' compensation benefits or disability or death benefits from
the retirement system.
   This section shall not be operative in any county until the board
of supervisors, by resolution adopted by a majority vote, makes this
section operative in that county.
31520.5.  (a) Notwithstanding Section 31520.1, in any county subject
to Articles 6.8 (commencing with Section 31639) and 7.5 (commencing
with Section 31662), the board of retirement may, by majority vote,
appoint, from a list of nominees submitted by a qualified  retiree
organization, an alternate retired member to the office of the eighth
member, who shall serve until the expiration of the current term of
the current eighth member.  Thereafter, the alternate retired member
shall be elected separately by the retired members of the association
in the same manner and at the same time as the eighth member is
elected.  An organization shall be deemed to be a "qualified retiree
organization" for purposes of this subdivision if a majority of the
members of the organization are retired members of the system.
   (b) The term of office of the alternate retired member shall run
concurrently with the term of office of the eighth member.  The
alternate retired member shall vote as a member of the board only in
the event the eighth member is absent from a board meeting for any
cause.  If there is a vacancy with respect to the eighth member, the
alternate retired member shall fill that vacancy until a successor
qualifies.  Except as provided in subdivision (c) and as otherwise
provided in this subdivision, the alternate retired member shall be
entitled to the same  rights and privileges and shall have the same
responsibilities and access to closed sessions as the eighth member.
   (c) The alternate retired member may hold positions on committees
of the board independent of the eighth member and may participate in
the deliberations of the board or its committees whether or not the
eighth member is present, unless prohibited by resolution or
regulation of the board.
   (d) The alternate retired member shall be entitled to the same
compensation as the eighth member for attending a meeting, pursuant
to Sections 31521 and 31521.1, whether or not the eighth member is in
attendance at those meetings.
   (e) If this section is made applicable in any county, by the
appointment of an alternate eighth member, the alternate safety
member may not sit and act for the eighth member.
31521.  The board of supervisors may provide that the fourth and
fifth members, and in counties having a board consisting of nine
members, the fourth, fifth, sixth, eighth, and ninth members, and in
counties having a board of investments under Section 31520.2, the
fifth, sixth, seventh, eighth, and ninth members of the board of
investment, shall receive compensation at a rate of not more than one
hundred dollars ($100) a meeting or meeting of a committee
authorized by the entire board, for not more than five meetings per
month, together with actual and necessary expenses for all members of
the board.
31521.1.  The board of supervisors may provide that the fourth and
fifth members, and in counties having a board consisting of nine
members, the fourth, fifth, sixth, eighth, and ninth members, and in
counties having a board of investments under Section 31520.2, the
fifth, sixth, seventh, eighth, and ninth members of the board of
investments, shall receive compensation at a rate of not more than
one hundred dollars ($100) a meeting, or meeting of a committee
authorized by a vote of six members of the board, for not more than
three meetings per month, together with actual and necessary expenses
for all members of the board.
   This section shall apply only in a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31522.  The official duties of elected board members who are
employees of the county or a district shall be included as part of
their county or district employment and their board duties shall
normally take precedence over any other duties.  The elected board
members who are county or district employees shall not receive any
additional compensation by virtue of their election to the board.
31522.1.  The board of retirement and both the board of retirement
and the board of investment may appoint such administrative,
technical, and clerical staff personnel as are required to accomplish
the necessary work of the boards.  The appointments shall be made
from eligible lists created in accordance with the civil service or
merit system rules of the county in which the retirement system
governed by the boards is situated.  The personnel shall be county
employees and shall be subject to the county civil service or merit
system rules and shall be included in the salary ordinance or
resolution adopted by the board of supervisors for the compensation
of county officers and employees.
31522.2.  In a county in which the board of retirement or both the
board of retirement and the board of investment have appointed
personnel pursuant to Section 31522.1, the respective board or boards
may elect to appoint an administrator as provided for in this
section.  The position of the administrator shall not be subject to
county civil service or merit system rules.  The person so appointed
shall be a county employee and the position of administrator shall be
included in the salary ordinance or salary resolution adopted by the
board of supervisors for the compensation of county officers and
employees.  The administrator so appointed shall be directed by,
shall serve at the pleasure of, and may be dismissed at the will of,
the appointing board or boards.  Specific charges, a statement of
reasons, or good cause shall not be required as a basis for dismissal
of the administrator by the appointing board or boards.
   This section shall not be operative in any county unless the board
of supervisors, by resolution adopted by majority vote, makes this
section applicable in the county.
31522.3.  In a county in which the board of retirement or both the
board of retirement and the board of investment have appointed
personnel pursuant to Section 31522.1, the respective board or boards
may elect to appoint assistant administrators and chief investment
officers as provided for in this section.  The positions of the
assistant administrators and chief investment officers designated by
the retirement board shall not be subject to county charter, civil
service, or merit system rules.  The persons so appointed shall be
county employees and shall be included in the salary ordinance or
salary resolution adopted by the board of supervisors for the
compensation of county officers and employees.  The assistant
administrators and chief investment officers so appointed shall be
directed by, shall serve at the pleasure of, and may be dismissed at
the will of, the appointing board or boards.  Specific charges, a
statement of reasons, or good cause shall not be required as a basis
for dismissal of the assistant administrators and chief investment
officers by the appointing board or boards.
   This section shall not apply to any person who was an assistant
administrator or a chief investment officer and was included in the
county civil service or was subject to merit system rules on December
31, 1996.
   This section shall only apply to a county of the third class, a
county of the eighth class, a county of the 14th class, or a county
of the 15th class, as provided by Sections 28020, 28024, 28029,
28035, and 28036.
31522.4.  (a) In a county in which the board of retirement or both
the board of retirement and the board of investment have appointed
personnel pursuant to Sections 31522.1 and 31522.2, the respective
board or boards may elect to appoint assistant administrators,
persons next in line of authority to assistant administrators, chief
legal officers, chief deputy legal officers, chief investment
officers, and investment officers next in line of authority to chief
investment officers as provided for in this section.  These positions
designated by the board or boards shall not be subject to county
charter, civil service, or merit system rules.  The persons appointed
shall be county employees and their positions shall be included in
the salary ordinance or salary resolution adopted by the board of
supervisors for the compensation of county officers and employees.
The persons appointed shall be directed by, shall serve at the
pleasure of, and may be dismissed at the will of, the appointing
board or boards.  Specific charges, a statement of reasons, or good
cause shall not be required as a basis for dismissal of the persons
so appointed by the appointing board or boards.
   (b) This section shall not apply to any person who was an
assistant administrator, person next in line of authority to an
assistant administrator, chief legal officer, chief deputy legal
officer, chief investment officer, or investment officer next in line
of authority to a chief investment officer and was included in the
county civil service or was subject to merit system rules on December
31, 2001, unless that person consents to make this section
applicable to him or her.
   (c) This section shall only apply to a county of the first class,
as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971, and Section 28022, as amended by Chapter 43 of the
Statutes of 1961.
31522.5.  (a) In a county in which the board of retirement has
appointed personnel pursuant to Section 31522.1, the board of
retirement may appoint an administrator, an assistant administrator,
a chief investment officer, senior management employees next in line
of authority to the chief investment officer, subordinate
administrators, senior management employees next in line of authority
to subordinate administrators, and legal counsel.
   (b) Notwithstanding any other provision of law, the personnel
appointed pursuant to this section may not be county employees but
shall be employees of the retirement system, subject to terms and
conditions of employment established by the board of retirement.
Except as specifically provided in this subdivision, all other
personnel shall be county employees for purposes of the county's
Employee Relations Resolution, or equivalent local rules, and the
terms and conditions of employment established by the board of
supervisors for county employees, including those set forth in a
memorandum of understanding.
   (c) The compensation of personnel appointed pursuant to this
section shall be an expense of administration of the retirement
system, pursuant to Section 31580.2.
   (d) The board of retirement and board of supervisors may enter
into any agreements as may be necessary and appropriate to carry out
the provisions of this section.
   (e) Section 31522.2 is not applicable to any retirement system
that elects to appoint personnel pursuant to this section.
   (f) This section shall apply only in Orange County.
31522.6.  The board may contract with a third party to temporarily
assume administration of the system if a catastrophic event destroys
or severely damages the system's administrative facilities or
otherwise prevents or significantly hinders continued local
administration of the system.  Local administration of the system
shall resume as soon as practicable.
   The costs of contracting with the third party for temporary
administration of the system shall be a charge against the investment
earnings of the retirement fund.
31523.  If a vacancy on the board occurs for any cause or on the
expiration of the term of office of any member, a successor shall be
chosen in the same manner as was his predecessor, except that if an
election to fill a vacancy for the second, third, seventh or eighth
member has been called and only one member has been duly nominated in
accordance with the rules established for the holding of such
election, the board of supervisors shall order that no election be
held and shall direct the clerk to cast a unanimous ballot in favor
of such nominated member.
31524.  Separation from the service of the county of a member of the
board vacates his office.
31525.  The board may make regulations not inconsistent with this
chapter.  The regulations become effective when approved by the board
of supervisors.
31526.  The regulations shall include provisions:
   (a) For the election of officers, their terms, meetings, and all
other matters relating to the administrative procedure of the board.
   (b) For the filing of a sworn statement by every person who is or
becomes a member, showing date of birth, nature and duration of
employment with the county, compensation received, and such other
information as is required by the board.
   (c) For forms of annuity certificates and for such other forms as
are required.
31527.  In its regulations, the board may include the following
provisions:
   (a) From what warrants deductions of members' contributions shall
be made.
   (b) For a period of time longer than one year during which a
member may redeposit in the the retirement fund an amount equal to
all of the accumulated normal contributions which he has withdrawn,
plus regular interest thereon from the date of return to service.
   (c) For a period of time longer than one year during which a
member brought within the field of membership may pay into the
retirement fund the amount equal to the contributions he would have
made plus interest, if he had been a member from the date of its
organization, or from the date of his entrance into county service,
whichever is later.
   (d) For a withdrawal charge against a member who withdraws his
accumulated contributions.  The withdrawal charge shall not exceed
the interest credited to the member subsequent to the effective date
of the regulation.
   (e) For the exemption or exclusion from membership as a peace
officer member or as a safety member or from membership altogether,
in the discretion of the board, of persons whose tenure is temporary,
seasonal, intermittent, or for part time only, or persons whose rate
of compensation is less than eighty dollars ($80) a month, or
persons whose compensation is fixed at a rate by the day or hour.
   (f) For the periodic physical examination, at county expense of
safety members.
   (g) The amount of additional deductions from the salaries or wages
of members pursuant to Article 15.5 or 16.  Such a provision may be
adopted in anticipation of, and prior to Article 15.5 or 16 becoming
operative in the particular county.
   (h) The day upon which each person entering the county employ
becomes a member of the association if it is to be other than the
first day of the calendar month after his entrance into the service,
provided that said day shall be no later than six weeks after his
entrance into the service.
31528.  A member or employee of the board shall not become an
endorser, surety, or obligor on, or have any personal interest,
direct or indirect, in the making of any investment for the board, or
in the gains or profits accruing therefrom, unless permitted by this
chapter.  He shall not directly or indirectly, for himself or as an
agent or partner of others, borrow or use any of the funds or
deposits of the retirement system, except to make such current and
necessary payments as are authorized by the board.
31529.  The district attorney, or the county counsel if there is
one, is the attorney for the board.
31529.1.  Notwithstanding any other provision of this part, the
board of retirement or the board of investment may elect to secure
legal representation, on such matters as the board of retirement or
the board of investment may specify, from other than the county
counsel.  The cost of the legal representation shall not exceed
one-hundredth of 1 percent of system assets in any budget year.
   This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31529.5.  Notwithstanding Section 31529, the board may contract for
the legal services of an attorney in private practice when the board
determines, after consultation with the county counsel, that the
county counsel cannot provide the board with legal services due to a
conflict of interest or other compelling reason.  The compensation of
such attorney shall be paid from the portion of reserves created by
Section 31592 which exceed one percent of the total assets of the
fund, or in the absence of such excess reserves, from the county
general fund.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31529.6.  In addition to the powers granted by Sections 31529,
31529.5, and 31614, the board of retirement and the board of
investment may contract with attorneys in private practice for legal
services and advice.  The boards shall pay reasonable compensation
for the legal services and advice.  The compensation shall be
considered a cost of  administration of the system.
   This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31529.9.  (a) In addition to the powers granted by Sections 31529,
31529.5, 31614, and 31732, the board of retirement and the board of
investment may contract with the county counsel or with attorneys in
private practice or employ staff attorneys for legal services.
   (b) Notwithstanding Sections 31529.5 and 31580, the board shall
pay, from system assets, reasonable compensation for the legal
services.
   (c) This section applies to any county of the 2nd class, 7th
class, 14th class, 15th class, or the 16th class as described by
Sections 28020, 28023, 28028, 28035, 28036, and 28037.
   (d) This section shall also apply to any other county if the board
of retirement, by resolution adopted by majority vote, makes this
section applicable in the county.
31530.  The county health officer shall advise the board on medical
matters and, if requested by the board, shall attend its meetings.
31531.  If it is impracticable for the board to determine from the
records the length of service or the age of any member, or if the
member refuses or fails to give the board a statement of his service
or age, it may estimate his length of service or age for the purposes
of this chapter.
31532.  Sworn statements and individual records of members shall be
confidential and shall not be disclosed to anyone except insofar as
may be necessary for the administration of this chapter or upon order
of a court of competent jurisdiction, or upon written authorization
by the member.
31533.  Whenever, in order to make a determination, it is necessary
to hold a hearing the board may appoint either one of its members or
a member of the State Bar of California to serve as a referee.  The
referee shall hold such a hearing and shall transmit, in writing, to
the board his proposed findings of fact and recommended decision.
31534.  The proposed findings of fact and recommendations of the
referee shall be served on the parties who shall have 10 days to
submit written objections thereto which shall be incorporated in the
record to be considered by the board.
   Upon receiving the proposed findings of fact and the
recommendations of the referee, the board may:
   (a) Approve and adopt the proposed findings and the
recommendations of the referee, or
   (b) Require a transcript or summary of all the testimony, plus all
other evidence received by the referee.  Upon the receipt thereof
the board shall take such action as in its opinion is indicated by
such evidence, or
   (c) Refer the matter back with or without instructions to the
referee for further proceedings, or
   (d) Set the matter for hearing before itself.  At such hearing the
board shall hear and decide the matter as if it had not been
referred to the referee.
31535.  The board may issue subpoenas and subpoenas duces tecum, and
compensate persons subpoenaed.  This power shall be exercised and
enforced in the same manner as the similar power granted the board of
supervisors in Article 9 (commencing with Section 25170) of Chapter
1, Part 2, Division 2; except that the power shall extend only to
matters within the retirement board's jurisdiction, and committees of
the board shall not have this power.  Reasonable fees and expenses
may be provided for by board regulation for any or all of such
witnesses regardless of which party subpoenaed them.
   Subpoenas shall be signed by the chairman or secretary of the
retirement board, except that the board may by regulation provide for
express written delegation of its subpoena power to any referee it
appoints pursuant to this chapter or to any administrator appointed
pursuant to Section 31522.2.
   Any member of the board, the referee, or any person otherwise
empowered to issue subpoenas may administer oaths to, or take
depositions from, witnesses before the board or referee.
31535.1.  The board may issue subpoenas and subpoenas duces tecum,
and compensate persons subpoenaed.  This power shall be exercised and
enforced in the same manner as the similar power granted the board
of supervisors in Article 9 (commencing with Section 25170) of
Chapter 1 of Part 2 of Division 2 of this title; except that the
power shall extend only to matters within the retirement board's
jurisdiction, and committees of the board shall not have this power.
Reasonable fees and expenses may be provided for by board regulation
for any or all of the witnesses regardless of which party subpoenaed
them.
   Subpoenas shall be signed by the chairman or secretary of the
retirement board, except that the board may by regulation provide for
express written delegation of its subpoena power to the retirement
administrator or to any referee it appoints pursuant to this chapter.
   Any member of the board, the referee, or any person otherwise
empowered to issue subpoenas may administer oaths to, or take
depositions from, witnesses before the board or referee.
   This section shall apply only in a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31536.  If a superior court reverses the denial by the board of an
application for a retirement allowance, or for a survivor's allowance
based on such allowance, or for a claim based on a claimed pension
right or benefit, the superior court in its discretion may award
reasonable attorney's fees as costs to the member or beneficiary of
the member who successfully appealed the denial of such application.
Such costs shall be assessed against the board, shall be considered
a cost of administration, and shall in no event become a personal
liability of any member of the board.
31537.  The board may establish efficient records management
procedures, which may include, but need not be limited to,
maintenance and, when determined by the board to be necessary,
disposal of records in its jurisdiction.
31538.  The board shall adjust the payment of benefits payable
pursuant to this part, as necessary, in order to maximize the
benefits available to members who are subject to the limits of
Section 415 of the Internal Revenue Code.  Those adjustments shall
include, but are not limited to, cost-of-living adjustments,
cost-of-living banks, temporary annuities, survivor continuance
benefits, or any combinations thereof.
31539.  (a) The board of retirement may, in its discretion, correct
any error made in the calculation of a retired member's monthly
allowance or any other benefits under this chapter, if either of the
following exist:
   (1) The error in the calculation of the member's monthly allowance
or other benefits under this chapter was made as a result of
fraudulent reports for compensation made, or caused to be made, by
the member for his or her own benefit.
   (2) The member caused his or her final compensation to be
improperly increased or otherwise overstated at the time of
retirement and the system applied that overstated amount as the basis
for calculating the member's monthly retirement allowance or other
benefits under this chapter.
   (b) The retirement allowance or other benefits under this chapter
with respect to a retired member described in subdivision (a) shall
be adjusted prospectively to the amount that would have been payable
if the overstatement of the member's final compensation had not
occurred.
   (c) Adjustment of the member's retirement allowance or other
benefits may also be implemented retroactively and include the
collection or return of the overpayment of benefits.  The board of
retirement may direct staff to correct the overpayment of benefits by
offsetting the amount to be recovered against future benefits.
Adjustments to correct the overpayment of benefits may also be made
by adjusting the allowance so that the retired member or the retired
member and his or her beneficiary, as the case may be, will receive
the actuarial equivalent of the allowance to which the member is
entitled.
   (d) The rights and remedies provided in this section are in
addition to any other rights and remedies any party may have at law
or in equity.  Nothing in this section shall preclude any party from
instituting an action for declaratory or other relief in lieu of
proceeding under this section.
   (e) The period of limitation of actions under this section shall
be 10 years and that period shall commence either from the date of
payment or upon discovery of the facts described in subdivision (a),
whichever date is later.  The board shall determine the applicability
of the period of limitation in any case, and its determination with
respect to the running of any period of limitation shall be
conclusive and binding for purposes of correcting the error.