2005 California Government Code Sections 31639-31639.95 Article 6.8. Safety Members\' Contributions

31639.  This article shall apply in a county subject to the
provisions of Sections 31676.1 and 31695.1.
31639.1.  The normal rates of contribution of safety members shall
be based on age at the nearest birthday at the time of entrance into
the retirement system.
   Notwithstanding any other provision of this chapter to the
contrary, separate rates of contribution for male and female safety
members shall not be maintained or established, nor shall different
allowances or benefits be established for male and female members.
31639.25.  The normal rates of contributions shall be such as will
provide an average annuity at age 50 equal to one one-hundredth of
the final compensation of safety members, according to the tables
adopted by the board of supervisors, for each year of service
rendered after entering the system.
   The provisions of this section shall supersede the provisions of
Section 31639.  2.
31639.26.  Instead of the normal rates of contribution required by
Section 31639.25 the board may, upon actuarial advice, establish a
single rate of contributions applicable to all persons becoming
members after this section is made operative in that county by the
board.  However, this rate shall be such as to provide the average
annuity described in Section 31639.25.
31639.3.  Until revised pursuant to Sections 31453 and 31454, the
rate of contribution of each safety member is that percentage of his
or her earnable compensation shown in the following tables according
to age at the time of entry into the retirement system:
               Age                                  Percentage
               18 ...................................   9.27
               19 ...................................   9.29
               20 ...................................   9.32
               21 ...................................   9.34
               22 ...................................   9.43
               23 ...................................   9.53
               24 ...................................   9.63
               25 ...................................   9.73
               26 ...................................   9.83
               27 ...................................   9.94
               28 ...................................  10.04
               29 ...................................  10.15
               30 ...................................  10.25
               31 ...................................  10.36
               32 ...................................  10.48
               33 ...................................  10.59
               34 ...................................  10.71
               35 ...................................  10.82
               36 ...................................  10.94
               37 ...................................  11.06
               38 ...................................  11.17
               39 ...................................  11.30
               40 ...................................  11.42
               41 ...................................  11.55
               42 ...................................  11.66
               43 ...................................  11.79
               44 ...................................  11.92
               45 ...................................  12.04
               46 ...................................  12.17
               47 ...................................  12.30
               48 ...................................  12.43
               49 and over...........................  12.56
31639.4.  The normal rate of contribution established for age 35 is
the rate for any safety member who has attained a greater age before
entrance into the retirement system, and that established for age 21
is the rate for any safety member who enters the retirement system at
a lesser age.
31639.5.  The normal rate of contribution shall be such as will
provide an average annuity at age 50 equal to one two-hundredth of
the final compensation of safety members according to the table
adopted by the board of supervisors for each year's service rendered
after entering the system.
   This section shall become operative in any county on the first day
of the calendar month after the board of supervisors adopts a
resolution making it operative in the county.
31639.7.  If a member not previously within the field of membership
as a safety member is brought within such field of safety membership
by amendment to this chapter, he may receive credit as a safety
member for all or any part of the time during which his duties would
have made him eligible to become a safety member if such amendment
had then been in effect by filing with the board at the time he
elects to become a safety member his election to pay into the
retirement fund an amount equal to the difference between the
contributions actually made during the time for which he claims
credit and the contributions he would have made during such time,
including all additional contributions, if any, required by Article
7.5 of this chapter, had he been a safety member, together with
regular interest on the amount required to be deposited.
31639.75.  A safety member not previously within the field of
membership as a safety member may receive not more than five years of
credit as a safety member for all or any part of the time during
which he or she was a general member by paying into the retirement
fund by lump sum or by installment payments an amount equal to the
difference between the member and employer contributions actually
made as a general member and the member and employer contributions
that would have been made had he or she been a safety member during
the time for which he or she claims credit together with regular
interest on the amount required to be deposited.  A member who elects
to receive credit for only a part of his or her county service shall
elect that county service latest in time and may not receive credit
for any portion of that county service prior in time to any county
service for which he does not elect to receive credit.  This section
is applicable only to active members with five or more years of
service as a safety member.
   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.
31639.76.  Notwithstanding Section 31639.7, a safety member
described in subdivision (b) of Section 31470.2 may receive credit as
a safety member for all or any part of the time during which he or
she was not within the field of membership as a safety member to the
extent and subject to the terms and conditions provided in a
memorandum of understanding between the employer and the designated
employee representative.
   This section shall apply only to a county of the eighth class, as
defined in Sections 28020 and 28029, both as amended by Chapter 1204
of the Statutes of 1971, if the board of supervisors in that county
has elected to make subdivision (b) of Section 31470.2 applicable in
the county.
31639.8.  The additional contributions of such members shall be paid
by regular monthly salary deductions in the amount 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
death or retirement, except that his spouse, or his minor children if
no spouse survives him, may elect to pay any balance due within 90
days after the death of a member.  If the total amount due is not
paid the member, his spouse or his minor children shall receive
credit for service as a safety member for only the time for which
such additional contributions are made.  Any member who has elected
to make such additional payments in installments by salary deductions
may complete payment thereof by a single lump-sum payment at any
time prior to the effective date of his retirement.
31639.85.  Notwithstanding any other provisions in this chapter, in
any county which has adopted Section 31676.1, 31676.11, 31676.12,
31676.13, 31676.14, or 31676.15 the board of supervisors may agree to
pay any portion of the safety members' normal contributions to the
system.  All contributions paid by the county shall remain county
contributions, and no right therein shall accrue to any employee
prior to the employee's election to take a regular, deferred or
disability retirement.
   Any contributions paid by the board of supervisors on behalf of
the safety members shall be as determined upon actuarial advice, and
approved by the board of retirement.
31639.9.  In any county of the ninth class, as defined by Sections
28020, and 28030, as amended by Chapter 1204 of the Statutes of 1971,
the board of supervisors may meet and confer pursuant to the
Meyers-Milias-Brown Act with a recognized employee organization which
represents county employees who are not safety members because the
board of supervisors has not made Section 31469.4 applicable in the
county, and endeavor to reach agreement on any conditions to be
required of employees or an employee organization seeking to have
Section 31469.4 made applicable, including, but not limited to,
whether the employees shall be required to pay all or part of the
employer's normal and cost-of-living contributions, in excess of
those it would have paid if the employees had remained general
members, including any increased employer normal and cost-of-living
contribution rates attributable to employees who have become safety
members electing to purchase credit as a safety member, pursuant to
Section 31639.7, for time served in an eligible position prior to
becoming a safety member.
   Any contributions paid by the employees on behalf of the employer
to cover the increased cost of safety retirement shall be as
determined upon actuarial advice and approved by the board of
retirement.
   The provisions of this section shall not be applicable in any
county until the board of supervisors by resolution makes the
provisions applicable.
31639.95.  (a) This section shall only be applicable to the
retirement system of Contra Costa County and only if the board of
supervisors of that county adopts, by majority vote, a resolution
making this section applicable in the county.  Notwithstanding any
other provision of law, the board of supervisors may make this
section applicable in the county on a date specified in the
resolution, which date may be different than the date of the
resolution.
   (b) (1) When the board of supervisors meets and confers pursuant
to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4 of Title 1) with any recognized employee
organization that represents county employees who are safety members,
the parties may agree, pursuant to a memorandum of understanding, to
either or both of the following:
   (A) Whether the employees shall be required to pay all or part of
the employer's contributions required to fund the benefits of Section
31664.1, the amount or percentage of that contribution, the method
by which the contribution is made, and the commencement date, which
may predate the effective date of the memorandum of understanding.
   (B) Changing any of those conditions described in subparagraph
(A), including, but not limited to, increasing or reducing, for any
years, the portion and the amount of the employer's contributions
that employees are required to pay.
   (2) The terms of any agreements reached with a recognized employee
organization pursuant to this subdivision may be made applicable by
the board of supervisors to unrepresented county employees who are
safety members.
   (c) (1) After the board of supervisors has adopted the resolution
described in subdivision (a), the governing body of a district within
the county may make this section applicable to its employees who are
safety members pursuant to a memorandum of understanding under the
Meyers-Milias-Brown Act with any recognized employee organization
that represents district employees who are safety members on any of
the matters described in subdivision (b).
   (2) The terms of any agreements reached with a recognized employee
organization pursuant to this subdivision may be made applicable by
the governing body of the district to unrepresented district
employees who are safety members.
   (d) Any contributions paid by a member pursuant to this section
shall be deemed to be part of the member's accumulated contributions.