2005 California Government Code Sections 31662-31664.65 Article 7.5. Retirement of Safety Members for Service ..

31662.  This article shall apply in a county subject to the
provisions of Sections 31676.1 and 31695.1.
31662.2.  Retirement of a safety member in a county subject to the
provisions of Section 31676.1 who has met the requirements for age
and service shall be made by the board pursuant to this article.
31662.4.  At the expiration of two years after a retirement system
pursuant to this chapter becomes operative, or on January 1, 1954,
whichever is later, every safety member except an elective officer,
the sheriff and undersheriff, who has attained age 60 shall be
retired forthwith.  On the said date a sheriff who is a safety
member, is not an elective officer, and who has attained age 70 and
an undersheriff who is a safety member and who has attained age 70
shall be retired forthwith.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
31662.6.  Two years after a retirement system established by this
chapter becomes operative, a safety member except an elective
officer, the sheriff and undersheriff, and the marshal appointed to
serve the superior court within the county, shall be retired as of
the first day of the calendar month next succeeding that in which he
or she attains age 60.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
31662.8.  Every safety member holding an elective office shall be
retired at the end of the first term to which he or she is elected
which expires on the date following his or her seventieth birthday,
except that if the term expires within two years after the date on
which a retirement system becomes operative or prior to January 1,
1954, whichever is later, he or she shall be retired at the end of
the next term to which he or she is elected.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
31663.  After January 1, 1954, or two years after a retirement
system established by this chapter becomes operative, whichever is
later, a sheriff who is a safety member and not elective, and an
undersheriff, who is a safety member shall be retired as of the first
day of the calendar month next succeeding that in which he or she
attains age 70.
   The marshal appointed to serve the superior court within the
county who is a safety member shall be retired as of the first day of
the calendar month next succeeding that in which he or she attains
age 65.
   In San Bernardino County, a sheriff's inspector, a chief inspector
in a sheriff's office, or a chief deputy in a sheriff's office, who
is a safety member and whose primary duties are administrative, shall
be retired as of the first day of the calendar month next succeeding
that in which the person attains age 70.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
31663.1.  (a) Sections 31662.6 and 31663 shall not apply to an
assistant sheriff or a chief in a sheriff's office who is a safety
member and whose primary duties are administrative.
   (b) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
   (c) This section shall not be operative in any county until the
board of supervisors shall, by resolution adopted by a majority vote,
make this section applicable in the county.
31663.2.  (a) (1) Sections 31662.4 and 31662.6 shall not apply to
the fire chief of a fire district who is a safety member and whose
primary duties are administrative, if the fire chief was employed as
fire chief on May 1, 2005.
   (2) A fire chief who is exempted from the requirements of Sections
31662.4 and 31662.6, pursuant to paragraph (1), shall retire before
April 1, 2009, and, subsequent to the operative date of this section,
that fire chief shall not receive a salary increase that is
disproportionate to any salary increase granted to other department
heads of the same jurisdiction at the same time.
   (b) This section applies only to a county of the first class, as
defined by Sections 28020 and 28022.
   (c) This section shall not be operative in any county until the
board of supervisors, by resolution adopted by a majority vote, makes
this section applicable in the county.
  (d) This section shall become inoperative on April 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends the dates
on which it becomes inoperative and is repealed.
31663.25.  Except as provided in Section 31663.26, any safety member
who has reached the applicable compulsory age of retirement, if any,
or any safety member who has completed 10 years of continuous
service and who has reached the age of 50, or any safety member who
has completed 20 years of service regardless of age, may be retired
upon filing with the board a written application setting forth the
date upon which he or she desires his or her retirement to become
effective which shall be not more than 60 days after the date of
filing the application.
   The provisions of this section shall supersede the provisions of
Section 31663.  2.
31663.26.  Notwithstanding Section 31663.25, any safety member who
has reached the applicable compulsory age of retirement, if any, or
any safety member who is a full-time employee, has completed 10 years
of service, has reached the age of 50, and has no service break
which exceeds 12 months, or any safety member who has completed 20
years of service regardless of age, may be retired upon filing with
the board a written application setting forth the date upon which he
or she desires his or her retirement to become effective which shall
be not more than 60 days after the date of filing the application.
   The provisions of this section shall supersede the provisions of
Section 31663.  2.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance, make this section
applicable in the county.
31663.3.  Notwithstanding any other provision of law, in any county
having a population in excess of 199,000 but less than 200,000 as
determined by Section 28020 as amended in 1961, an undersheriff upon
attaining the age of 70 shall thereafter be employed from year to
year at the discretion of the county.
31664.  Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal the fraction of
one-fiftieth of the member's final compensation set forth opposite
his or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
current service or years of current and prior service with which the
member is entitled to be credited at retirement, but in no event
shall the total retirement allowance exceed the limitation of the
safety member's final compensation as set forth in Section 31676.1 as
it now reads or may hereafter be amended to read:
            Age at retirement                            Fraction
                41     ...............................     .6258
                41 1/4 ...............................     .6350
                41 1/2 ...............................     .6442
                41 3/4 ...............................     .6533
                42     ...............................     .6625
                42 1/4 ...............................     .6720
                42 1/2 ...............................     .6814
                42 3/4 ...............................     .6909
                43     ...............................     .7004
                43 1/4 ...............................     .7102
                43 1/2 ...............................     .7200
                43 3/4 ...............................     .7299
                44     ...............................     .7397
                44 1/4 ...............................     .7499
                44 1/2 ...............................     .7601
                44 3/4 ...............................     .7703
                45     ...............................     .7805
                45 1/4 ...............................     .7910
                45 1/2 ...............................     .8016
                45 3/4 ...............................     .8121
                46     ...............................     .8226
                46 1/4 ...............................     .8339
                46 1/2 ...............................     .8452
                46 3/4 ...............................     .8566
                47     ...............................     .8678
                47 1/4 ...............................     .8780
                47 1/2 ...............................     .8882
                47 3/4 ...............................     .8983
                48     ...............................     .9085
                48 1/4 ...............................     .9194
                48 1/2 ...............................     .9304
                48 3/4 ...............................     .9413
                49     ...............................     .9522
                49 1/4 ...............................     .9641
                49 1/2 ...............................     .9761
                49 3/4 ...............................     .9880
                50     ...............................    1.0000
                50 1/4 ...............................    1.0130
                50 1/2 ...............................    1.0259
                50 3/4 ...............................    1.0387
                51     ...............................    1.0516
                51 1/4 ...............................    1.0656
                51 1/2 ...............................    1.0796
                51 3/4 ...............................    1.0937
                52     ...............................    1.1078
                52 1/4 ...............................    1.1231
                52 1/2 ...............................    1.1384
                52 3/4 ...............................    1.1538
                53     ...............................    1.1692
                53 1/4 ...............................    1.1859
                53 1/2 ...............................    1.2028
                53 3/4 ...............................    1.2195
                54     ...............................    1.2366
                54 1/4 ...............................    1.2547
                54 1/2 ...............................    1.2730
                54 3/4 ...............................    1.2915
                55 and over .........................     1.3099
   The fraction herein set forth shall be used until adjusted by each
board for its retirement system in accordance with the interest and
mortality tables adopted by that board.
   Contributions shall not be made by safety members having credit
for 30 years of continuous service.
31664.1.  (a) This section may be made applicable in any county on
the first day of the month after the board of supervisors of the
county adopts, by majority vote, a resolution providing that this
section shall become applicable in the county.
   (b) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal 3 percent of
the member's final compensation set forth opposite his or her age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement.  In no event shall the total
retirement allowance exceed the limitation of the safety member's
final compensation as set forth in Section 31676.1, as it now reads
or may hereafter be amended to read.
  Age at
Retirement                              Fraction
41 .................................     .6258
41 1/4 .............................     .6350
41 1/2 .............................     .6442
41 3/4 .............................     .6533
42 .................................     .6625
42 1/4 .............................     .6720
42 1/2 .............................     .6814
42 3/4 .............................     .6909
43 .................................     .7004
43 1/4 .............................     .7102
43 1/2 .............................     .7200
43 3/4 .............................     .7299
44 .................................     .7397
44 1/4 .............................     .7499
44 1/2 .............................     .7601
44 3/4 .............................     .7703
45 .................................     .7805
45 1/4 .............................     .7910
45 1/2 .............................     .8016
45 3/4 .............................     .8121
46 .................................     .8226
46 1/4 .............................     .8339
46 1/2 .............................     .8452
46 3/4 .............................     .8586
47 .................................     .8678
47 1/4 .............................     .8780
47 1/2 .............................     .8882
47 3/4 .............................     .8983
48 .................................     .9085
48 1/4 .............................     .9194
48 1/2 .............................     .9304
48 3/4 .............................     .9413
49 .................................     .9522
49 1/4 .............................     .9641
49 1/2 .............................     .9761
49 3/4 .............................     .9880
50 and over ........................    1.0000
   (c) Contributions shall not be made by safety members having
credit for 30 years of continuous service.
31664.15.  Notwithstanding any other provisions of this chapter, a
safety member who enters the system with credit for prior service and
retires upon completion of 20 years of continuous service and a
total of 25 years of service after attaining age 50 whose retirement
allowance is less than one-half of his final compensation, his prior
service pension shall be increased so as to cause his total
retirement allowance to amount to one-half of such final
compensation.
   The provisions of this section shall supersede the provisions of
Section 31664.  1.
31664.2.  (a) This section may be made applicable in any county on
the first day of the month after the board of supervisors of the
county adopts, by majority vote, a resolution providing that this
section shall become applicable in the county.
   (b) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal 3 percent of
the member's final compensation set forth opposite his or her age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement.  In no event shall the total
retirement allowance exceed the limitation of the safety member's
final compensation as set forth in Section 31676.1, as it now reads
or may hereafter be amended to read.
  Age at
Retirement                              Fraction
41 .................................     .4777
41 1/4 .............................     .4848
41 1/2 .............................     .4918
41 3/4 .............................     .4987
42 .................................     .5058
42 1/4 .............................     .5130
42 1/2 .............................     .5202
42 3/4 .............................     .5274
43 .................................     .5347
43 1/4 .............................     .5422
43 1/2 .............................     .5497
43 3/4 .............................     .5572
44 .................................     .5647
44 1/4 .............................     .5725
44 1/2 .............................     .5803
44 3/4 .............................     .5881
45 .................................     .5958
45 1/4 .............................     .6039
45 1/2 .............................     .6120
45 3/4 .............................     .6200
46 .................................     .6280
46 1/4 .............................     .6366
46 1/2 .............................     .6452
46 3/4 .............................     .6555
47 .................................     .6625
47 1/4 .............................     .6703
47 1/2 .............................     .6781
47 3/4 .............................     .6858
48 .................................     .6936
48 1/4 .............................     .7019
48 1/2 .............................     .7103
48 3/4 .............................     .7186
49 .................................     .7269
49 1/4 .............................     .7360
49 1/2 .............................     .7452
49 3/4 .............................     .7543
50 .................................     .7634
50 1/4 .............................     .7733
50 1/2 .............................     .7832
50 3/4 .............................     .7930
51 .................................     .8028
51 1/4 .............................     .8135
51 1/2 .............................     .8242
51 3/4 .............................     .8349
52 .................................     .8457
52 1/4 .............................     .8574
52 1/2 .............................     .8691
52 3/4 .............................     .8808
53 .................................     .8926
53 1/4 .............................     .9053
53 1/2 .............................     .9182
53 3/4 .............................     .9310
54 .................................     .9418
54 1/4 .............................     .9579
54 1/2 .............................     .9718
54 3/4 .............................     .9860
55 and over ........................    1.0000
   (c)  Contributions shall not be made by safety members having
credit for 30 years of continuous service.
31664.3.  This section shall apply in any county having a population
in excess of 2,000,000.  A safety member shall receive no credit for
prior service subsequent to June 30, 1921, and prior to January 1,
1938, in calculating a retirement allowance pursuant to this article
unless prior to January 1, 1952, he files with the board his written
election to pay into the retirement fund six dollars ($6) for each
month of prior service for which he claims credit.  If a safety
member files an election pursuant to this section and has accumulated
contributions to his credit as of December 31, 1937, which with
interest to December 31, 1951, are less than payments due for prior
service credit subsequent to June 30, 1921, the amount due or balance
thereof shall be paid by additional salary deductions in the amounts
specified by the member but in no case less than six dollars ($6)
per month.  The total amount due shall be paid prior to the effective
date of his retirement.  If the accumulated contributions with
interest exceed the amount due for prior service credit the balance
shall be refunded.
31664.4.  Any person who elects to become a safety member who was a
former member of a retirement system established pursuant to Chapter
3 or Chapter 5 shall have his contributions to the retirement
association for membership service prior to January 1, 1952,
calculated by the same rates and under the same conditions as those
applicable to a member of the retirement system established pursuant
to Chapter 4.
31664.5.  Notwithstanding any other provisions of this chapter, a
safety member may exercise the option of retiring upon completion of
25 years of service, and if such option is exercised, the safety
member shall receive a retirement allowance equal to no less than 30
percent of his final compensation.
31664.65.  If a member retires with credit for time during which he
was not a safety member or a member of a system established pursuant
to either Chapter 4 or Chapter 5 of this part, he shall receive for
such time:
   (a) A retirement allowance calculated pursuant to Section 31664
for time during which he was employed principally in active law
enforcement or active fire suppression as described in Section
31470.2 or Section 31470.4 by a county, or by a district or court
organized or existing within such county, or was a member of a system
established pursuant to either Chapter 4 or Chapter 5 of this part,
plus a retirement allowance calculated under either (b) or (c) of
this section, whichever is applicable.
   (b) A retirement allowance calculated pursuant to Section 31664
for all prior county service with such county, and for any public
service credit for which the member has elected to receive pursuant
to Section 31641.1 or 31641.5.
   This subdivision shall apply only to a member who, when the board
of supervisors pursuant to Section 31695.1 provides that provisions
of this chapter relating to safety members shall apply to all
employees of the county whose principal duties consist of active law
enforcement or active fire suppression as defined in Section 31470.2
or 31470.4, was employed by the county principally in active law
enforcement or active fire suppression as defined by such sections
and who elected to be included within such safety member provisions
at the time and in the manner prescribed by Section 31695.2.
   (c) A retirement allowance calculated pursuant to Article 8 of
this chapter for time during which he was not engaged principally in
active law enforcement or active fire suppression as described in
Section 31470.2 or Section 31470.4, nor a member of a system
established pursuant to either Chapter 4 or Chapter 5 of this part.
   This subdivision shall apply to any member to whom subdivision (b)
is not applicable.
   The provisions of this section shall be applicable irrespective of
whether a member is, at the time of retirement, a safety member or a
general member.
   The provisions of this section shall supersede the provisions of
Section 31664.  6.