There is a newer version of the California Code
2007 California Government Code Article 8. Retirement For Service
CA Codes (gov:31670-31683)
GOVERNMENT CODESECTION 31670-31683
31670. Retirement of a member who has met the requirements for age
and service shall be made by the board pursuant to this article.
31671. The amount of compensation that is taken into account in
computing benefits payable to any person who first becomes a member
of the retirement system on or after July 1, 1996, shall not exceed
the limitations in Section 401(a)(17) of Title 26 of the United
States Code upon public retirement systems, as that section may be
amended from time to time and as that limit may be adjusted by the
Commissioner of Internal Revenue for increases in cost of living.
The determination of compensation for each 12-month period shall be
subject to the annual compensation limit in effect for the calendar
year in which the 12-month period begins. In a determination of
average annual compensation over more than one 12-month period, the
amount of compensation taken into account for each 12-month period
shall be subject to the applicable annual compensation limit.
31671.05. A member who, on December 31, 1978, was a member of a
retirement system under this chapter which imposed a mandatory
retirement age less than age 70 applicable to that member may,
notwithstanding the repeal of Section 31671 by the same act amending
this section during the 1983 portion of the 1983-84 Regular Session
of the Legislature and the repeal of Sections 31671.01 and 31671.02
by Chapter 385 of the Statutes of 1978, retire from that system upon
reaching the mandatory retirement age in effect for that system on
December 31, 1978.
This section shall not become operative in any county until the
board of supervisors adopts a resolution making it operative in the
county.
31672. A member who has reached 70 years of age or a member who has
completed 10 years of service and who has reached 55 years of age,
or a member who has completed 30 years of service regardless of age,
may be retired upon filing with the board a written application,
setting forth the date upon which he or she desires his or her
retirement to become effective not earlier than the date the
application is filed with the board and not more than 60 days after
the date of filing the application. Fifty-five years of age in the
preceding sentence may be reduced to 50 years of age in a county by
resolution of the board of supervisors.
31672.1. Any employee who has reached the age of 55 years, has held
a position in the county service for 10 years, and on the date of
his retirement is employed in a temporary, seasonal, intermittent, or
part-time position in which he has received credit for five full
years of service, may be retired upon filing with the board a written
application, setting forth the date upon which he desires his
retirement to become effective which shall not be more than 60 days
after the date of filing the application. The age of 55 in the
preceding sentence may be reduced to age 50 in any county by
resolution of the board of supervisors if such reduction has also
been made under Section 31672.
31672.2. Any elective officer who filed a declaration with the
board to become a member, pursuant to Section 31553, who has served
two complete consecutive terms in an elective office, and who has
reached the minimum age for retirement provided in Section 31672, may
be retired upon filing with the board a written application setting
forth the date upon which 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.
This section shall become operative only in any county of the 16th
class, as defined by Section 28020 and 28037, as amended by Chapter
1204 of the Statutes of 1971, and on the first day of the calendar
month after the board of supervisors adopts a resolution making it
operative in the county.
31672.5. Notwithstanding any other provision of this chapter, when
any member of a retirement system of any other public agency becomes
a member of a county retirement association, established pursuant to
this chapter, as a result of the transfer to and assumption by the
county of any function of the other public agency, and the member
retains rights in the retirement system of the other public agency in
respect to service theretofore rendered to that agency, such member
shall be eligible for retirement under the county retirement system
at any time at which he would have been eligible for such retirement
if the service rendered to the other public agency had been rendered
instead to the county. A certificate of any officer of the other
public agency authorized to determine service rendered to that agency
that certain service was rendered to such agency shall be accepted
by the retirement board of the county retirement association as prima
facie evidence of service so rendered.
This section shall be applied only to enable such members of
county retirement systems to qualify for retirement. Nothing in this
section entitles any member of a county retirement system to any
pension or other benefit based upon service rendered to any other
public agency, but such a member upon his retirement shall be
entitled to a retirement allowance under the county retirement
system, calculated according to the formula applicable under such
system, and on the basis of his county service even though such
service be less than the minimum county service required for
retirement under such system. The provisions in this chapter for
minimum retirement allowances, shall not apply to any retired person
who would not have qualified for retirement without including under
this section service rendered to such public agency, nor shall such
provisions apply unless the sum of the retirement allowances to which
such person is entitled under the county retirement system and the
retirement system of the other public agency, is less than the
otherwise applicable minimum allowance under such provisions.
This section shall become operative in any county on the first day
of the calendar month after the board of supervisors adopts by
four-fifths vote a resolution making it operative in the county.
31673. Upon retirement for service a member is entitled to receive
a retirement allowance which shall consist of:
(a) His service retirement annuity.
(b) His current service pension.
(c) His prior service pension.
31674. The service retirement annuity is an annuity which is the
actuarial equivalent of his accumulated contributions at the time of
his retirement.
31675. The current service pension is a pension, purchased by the
contributions of the county or district, equal to that portion of the
annuity purchased by the accumulated normal contributions of the
member.
31676. The prior service pension is an additional pension for
members purchased by the contributions of the county or district,
equal to one-sixtieth of the average annual compensation earnable by
him during the last three years prior to the establishment of the
system and the last three years of service, multiplied by the number
of years of prior service credited to him.
31676.01. This section shall be operative in a county at such time
or times as may be mutually agreed to in memoranda of understanding
executed by the employer and employee representatives if the board of
supervisors adopts, by majority vote, a resolution declaring that
the section shall be operative in the county. Notwithstanding any
other provisions of this chapter, the current service pension, or the
current service pension combined with the prior service pension, is
an additional pension for members purchased by the contributions of
the county or district sufficient, when added to the service
retirement annuity, to equal the fraction of one-ninetieth of the
member's final compensation set forth opposite the member's age at
retirement, taken to the preceding completed quarter year, in the
following table multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement, but in no event shall the
total retirement allowance exceed the member's final compensation.
Age of
Retirement Fraction
50 .......................... .7091
50 1/4 .......................... .7183
50 1/2 .......................... .7274
50 3/4 .......................... .7366
51 .......................... .7457
51 1/4 .......................... .7547
51 1/2 .......................... .7637
51 3/4 .......................... .7726
52 .......................... .7816
52 1/4 .......................... .7907
52 1/2 .......................... .7999
52 3/4 .......................... .8090
53 .......................... .8181
53 1/4 .......................... .8275
53 1/2 .......................... .8369
53 3/4 .......................... .8462
54 .......................... .8556
54 1/4 .......................... .8656
54 1/2 .......................... .8755
54 3/4 .......................... .8855
55 .......................... .8954
55 1/4 .......................... .9061
55 1/2 .......................... .9168
55 3/4 .......................... .9275
56 .......................... .9382
56 1/4 .......................... .9498
56 1/2 .......................... .9614
56 3/4 .......................... .9730
57 .......................... .9846
57 1/4 .......................... .9972
57 1/2 .......................... 1.0098
57 3/4 .......................... 1.0224
58 .......................... 1.0350
58 1/4 .......................... 1.0487
58 1/2 .......................... 1.0625
58 3/4 .......................... 1.0762
59 .......................... 1.0899
59 1/4 .......................... 1.1049
59 1/2 .......................... 1.1199
59 3/4 .......................... 1.1349
60 .......................... 1.1500
60 1/4 .......................... 1.1611
60 1/2 .......................... 1.1723
60 3/4 .......................... 1.1835
61 .......................... 1.1947
61 1/4 .......................... 1.2097
61 1/2 .......................... 1.2247
61 3/4 .......................... 1.2398
62 .......................... 1.2548
62 1/4 .......................... 1.2707
62 1/2 .......................... 1.2867
62 3/4 .......................... 1.3026
63 .......................... 1.3186
63 1/4 .......................... 1.3355
63 1/2 .......................... 1.3525
63 3/4 .......................... 1.3695
64 .......................... 1.3865
64 1/4 .......................... 1.4047
64 1/2 .......................... 1.4229
64 3/4 .......................... 1.4411
65 and over ..................... 1.4593
The fractions herein set forth shall be used until adjusted by
each board for its retirement system in accordance with the interest
and mortality tables adopted by each such board with respect to its
retirement system.
In any county operating under this section any limitation in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
31676.1. This section may be made applicable in any county on the
first day of the month after the board of supervisors of such county
adopts, by majority vote, a resolution providing that this section
shall become applicable in such county. Notwithstanding any other
provisions of this chapter the current service pension or the current
service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-sixtieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation.
Age of Retirement Fraction
50 .......................... .7091
50 1/4 .......................... .7183
50 1/2 .......................... .7274
50 3/4 .......................... .7366
51 .......................... .7457
51 1/4 .......................... .7547
51 1/2 .......................... .7637
51 3/4 .......................... .7726
52 .......................... .7816
52 1/4 .......................... .7907
52 1/2 .......................... .7999
52 3/4 .......................... .8090
53 .......................... .8181
53 1/4 .......................... .8275
53 1/2 .......................... .8369
53 3/4 .......................... .8462
54 .......................... .8556
54 1/4 .......................... .8656
54 1/2 .......................... .8755
54 3/4 .......................... .8855
55 .......................... .8954
55 1/4 .......................... .9061
55 1/2 .......................... .9168
55 3/4 .......................... .9275
56 .......................... .9382
56 1/4 .......................... .9498
56 1/2 .......................... .9614
56 3/4 .......................... .9730
57 .......................... .9846
57 1/4 .......................... .9972
57 1/2 .......................... 1.0098
57 3/4 .......................... 1.0224
58 .......................... 1.0350
58 1/4 .......................... 1.0487
58 1/2 .......................... 1.0625
58 3/4 .......................... 1.0762
59 .......................... 1.0899
59 1/4 .......................... 1.1049
59 1/2 .......................... 1.1199
59 3/4 .......................... 1.1349
60 .......................... 1.1500
60 1/4 .......................... 1.1611
60 1/2 .......................... 1.1723
60 3/4 .......................... 1.1835
61 .......................... 1.1947
61 1/4 .......................... 1.2097
61 1/2 .......................... 1.2247
61 3/4 .......................... 1.2398
62 .......................... 1.2548
62 1/4 .......................... 1.2707
62 1/2 .......................... 1.2867
62 3/4 .......................... 1.3026
63 .......................... 1.3186
63 1/4 .......................... 1.3355
63 1/2 .......................... 1.3525
63 3/4 .......................... 1.3695
64 .......................... 1.3865
64 1/4 .......................... 1.4047
64 1/2 .......................... 1.4229
64 3/4 .......................... 1.4411
65 and over ..................... 1.4593
The fractions herein set forth shall be used until adjusted by
each board for its retirement system in accordance with the interest
and mortality tables adopted by each such board with respect to its
retirement system.
In any county operating under this section any limitation in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
31676.11. This section may be made applicable in any county on the
first day of the month after the board of supervisors of such county
adopts, by majority vote, a resolution providing that this section
shall become applicable in such county. Notwithstanding any other
provisions of this chapter the current service pension or the current
service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-sixtieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation.
Age at Retirement Fraction
50 .................................. .7454
50 1/4 .............................. .7561
50 1/2 .............................. .7668
50 3/4 .............................. .7775
51 .................................. .7882
51 1/4 .............................. .7998
51 1/2 .............................. .8114
51 3/4 .............................. .8230
52 .................................. .8346
52 1/4 .............................. .8472
52 1/2 .............................. .8598
52 3/4 .............................. .8724
53 .................................. .8850
53 1/4 .............................. .8987
53 1/2 .............................. .9125
53 3/4 .............................. .9262
54 .................................. .9399
54 1/4 .............................. .9549
54 1/2 .............................. .9699
54 3/4 .............................. .9849
55 .................................. 1.0000
55 1/4 .............................. 1.0111
55 1/2 .............................. 1.0223
55 3/4 .............................. 1.0335
56 .................................. 1.0447
56 1/4 .............................. 1.0597
56 1/2 .............................. 1.0747
56 3/4 .............................. 1.0898
57 .................................. 1.1048
57 1/4 .............................. 1.1207
57 1/2 .............................. 1.1367
57 3/4 .............................. 1.1526
58 .................................. 1.1686
58 1/4 .............................. 1.1855
58 1/2 .............................. 1.2025
58 3/4 .............................. 1.2195
59 .................................. 1.2365
59 1/4 .............................. 1.2547
59 1/2 .............................. 1.2729
59 3/4 .............................. 1.2911
60 .................................. 1.3093
60 1/4 .............................. 1.3221
60 1/2 .............................. 1.3350
60 3/4 .............................. 1.3479
61 .................................. 1.3608
61 1/4 .............................. 1.3736
61 1/2 .............................. 1.3865
61 3/4 .............................. 1.3994
62 .................................. 1.4123
62 1/4 .............................. 1.4251
62 1/2 .............................. 1.4380
62 3/4 .............................. 1.4509
63 .................................. 1.4638
63 1/4 .............................. 1.4766
63 1/2 .............................. 1.4895
63 3/4 .............................. 1.5024
64 .................................. 1.5153
64 1/4 .............................. 1.5281
64 1/2 .............................. 1.5410
64 3/4 .............................. 1.5539
65 .................................. 1.5668
In any county operating under this section any limitations in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
31676.12. This section may be made applicable in any county on the
first day of the month after the board of supervisors of such county
adopts by majority vote, a resolution providing that this section
shall become applicable in such county. Notwithstanding any other
provisions of this chapter, the current service pension or the
current service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-fiftieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation.
Age at
Retirement Fraction
50 .............................. .6681
50 1/4 .............................. .6775
50 1/2 .............................. .6869
50 3/4 .............................. .6962
51 .............................. .7056
51 1/4 .............................. .7156
51 1/2 .............................. .7255
51 3/4 .............................. .7355
52 .............................. .7454
52 1/4 .............................. .7561
52 1/2 .............................. .7668
52 3/4 .............................. .7775
53 .............................. .7882
53 1/4 .............................. .7998
53 1/2 .............................. .8114
53 3/4 .............................. .8230
54 .............................. .8346
54 1/4 .............................. .8472
54 1/2 .............................. .8598
54 3/4 .............................. .8724
55 .............................. .8850
55 1/4 .............................. .8987
55 1/2 .............................. .9125
55 3/4 .............................. .9262
56 .............................. .9399
56 1/4 .............................. .9549
56 1/2 .............................. .9699
56 3/4 .............................. .9849
57 .............................. 1.0000
57 1/4 .............................. 1.0111
57 1/2 .............................. 1.0223
57 3/4 .............................. 1.0335
58 .............................. 1.0447
58 1/4 .............................. 1.0597
58 1/2 .............................. 1.0747
58 3/4 .............................. 1.0898
59 .............................. 1.1048
59 1/4 .............................. 1.1207
59 1/2 .............................. 1.1367
59 3/4 .............................. 1.1526
60 .............................. 1.1686
60 1/4 .............................. 1.1855
60 1/2 .............................. 1.2025
60 3/4 .............................. 1.2195
61 .............................. 1.2365
61 1/4 .............................. 1.2547
61 1/2 .............................. 1.2729
61 3/4 .............................. 1.2911
62 and over ......................... 1.3093
In any county operating under this section any limitation in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Whenever in this chapter reference is made to survivorship and
other benefits and rights under Section 31676.1, the same shall apply
to this section.
31676.13. Notwithstanding any other provisions of this chapter the
current service pension or the current service pension combined with
the prior service pension is an additional pension for members
purchased by the contributions of the county or district sufficient,
when added to the service retirement annuity, to equal the fraction
of one-sixtieth of the member's final compensation set forth opposite
the member's age at retirement, taken to the preceding completed
quarter year, in the following table multiplied by the number of
years of current service or years of current and prior service with
which the member is entitled to be credited at retirement, but in no
event shall the total retirement allowance exceed the member's final
compensation.
Age at
Retirement Fraction
50 .............................. .8181
50 1/4 .............................. .8275
50 1/2 .............................. .8369
50 3/4 .............................. .8462
51 .............................. .8556
51 1/4 .............................. .8656
51 1/2 .............................. .8755
51 3/4 .............................. .8855
52 .............................. .8954
52 1/4 .............................. .9061
52 1/2 .............................. .9168
52 3/4 .............................. .9275
53 .............................. .9382
53 1/4 .............................. .9498
53 1/2 .............................. .9614
53 3/4 .............................. .9730
54 .............................. .9846
54 1/4 .............................. .9972
54 1/2 .............................. 1.0098
54 3/4 .............................. 1.0224
55 .............................. 1.0350
55 1/4 .............................. 1.0487
55 1/2 .............................. 1.0625
55 3/4 .............................. 1.0762
56 .............................. 1.0899
56 1/4 .............................. 1.1049
56 1/2 .............................. 1.1199
56 3/4 .............................. 1.1349
57 .............................. 1.1500
57 1/4 .............................. 1.1611
57 1/2 .............................. 1.1723
57 3/4 .............................. 1.1835
58 .............................. 1.1947
58 1/4 .............................. 1.2097
58 1/2 .............................. 1.2247
58 3/4 .............................. 1.2398
59 .............................. 1.2548
59 1/4 .............................. 1.2707
59 1/2 .............................. 1.2867
59 3/4 .............................. 1.3026
60 .............................. 1.3186
60 1/4 .............................. 1.3355
60 1/2 .............................. 1.3525
60 3/4 .............................. 1.3695
61 .............................. 1.3865
61 1/4 .............................. 1.4047
61 1/2 .............................. 1.4229
61 3/4 .............................. 1.4411
62 and over ......................... 1.4593
The fractions herein set forth shall be used until adjusted by
each board for its retirement system in accordance with the interest
and mortality tables adopted by each such board with respect to its
retirement system.
In any county operating under this section any limitation in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
This section shall not be operative in any county until adopted by
a resolution of the board of supervisors.
Whenever in this chapter reference is made to the survivorship and
other benefits and rights under Section 31676.1, the same shall
apply to this section.
31676.14. Notwithstanding any other provisions of this chapter the
current service pension or the current service pension combined with
the prior service pension is an additional pension for members
purchased by the contributions of the county or district sufficient,
when added to the service retirement annuity, to equal the fraction
of one-sixtieth of the member's final compensation set forth opposite
the member's age at retirement, taken to the preceding completed
quarter year, in the following table multiplied by the number of
years of current service or years of current and prior service with
which the member is entitled to be credited at retirement, but in no
event shall the total retirement allowance exceed the member's final
compensation.
Age at
Retirement Fraction
50 .............................. .8850
50 1/4 .............................. .8987
50 1/2 .............................. .9125
50 3/4 .............................. .9262
51 .............................. .9399
51 1/4 .............................. .9549
51 1/2 .............................. .9699
51 3/4 .............................. .9849
52 .............................. 1.0000
52 1/4 .............................. 1.0111
52 1/2 .............................. 1.0223
52 3/4 .............................. 1.0335
53 .............................. 1.0447
53 1/4 .............................. 1.0597
53 1/2 .............................. 1.0747
53 3/4 .............................. 1.0898
54 .............................. 1.1048
54 1/4 .............................. 1.1207
54 1/2 .............................. 1.1367
54 3/4 .............................. 1.1526
55 .............................. 1.1686
55 1/4 .............................. 1.1855
55 1/2 .............................. 1.2025
55 3/4 .............................. 1.2195
56 .............................. 1.2365
56 1/4 .............................. 1.2547
56 1/2 .............................. 1.2729
56 3/4 .............................. 1.2911
57 .............................. 1.3093
57 1/4 .............................. 1.3221
57 1/2 .............................. 1.3350
57 3/4 .............................. 1.3479
58 .............................. 1.3608
58 1/4 .............................. 1.3736
58 1/2 .............................. 1.3865
58 3/4 .............................. 1.3994
59 .............................. 1.4123
59 1/4 .............................. 1.4251
59 1/2 .............................. 1.4380
59 3/4 .............................. 1.4509
60 .............................. 1.4638
60 1/4 .............................. 1.4766
60 1/2 .............................. 1.4895
60 3/4 .............................. 1.5024
61 .............................. 1.5153
61 1/4 .............................. 1.5281
61 1/2 .............................. 1.5410
61 3/4 .............................. 1.5539
62 and over ......................... 1.5668
In any county operating under this section any limitations in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
This section shall not be operative in any county until adopted by
a resolution of the board of supervisors.
31676.15. (a) Except as provided in subdivision (d), this section
may be made applicable in any county which has implemented the
provisions of Article 15.6 (commencing with Section 31855). This
section shall be applicable if a majority of all the members of the
board of supervisors vote to adopt a resolution so to do and a
majority of the members of the affected class or classes voting at an
election held during 1974, with more than 50 percent of the members
participating, favor the termination of retirement benefits under
social security. The resolution may specify a date subsequent to the
date of adoption of the resolution as the operative date for this
section.
(b) (1) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for members
purchased by the contributions of the county or district sufficient,
when added to the service retirement annuity, to equal the fraction
of one-fiftieth of the member's final compensation set forth opposite
the age at retirement, taken to the preceding completed quarter
year, in the following table multiplied by the number of years of
current service or years of current and prior service with which the
member is entitled to be credited at retirement, but in no event
shall the total retirement allowance exceed the member's final
compensation.
Age at
Retirement Fraction
50....................................... .7454
50 1/4................................... .7561
50 1/2................................... .7668
50 3/4................................... .7775
51....................................... .7882
51 1/4................................... .7998
51 1/2................................... .8114
51 3/4................................... .8230
52....................................... .8346
52 1/4................................... .8472
52 1/2................................... .8598
52 3/4................................... .8724
53....................................... .8850
53 1/4................................... .8987
53 1/2................................... .9125
53 3/4................................... .9262
54....................................... .9399
54 1/4................................... .9549
54 1/2................................... .9699
54 3/4................................... .9849
55....................................... 1.0000
55 1/4................................... 1.0111
55 1/2................................... 1.0223
55 3/4................................... 1.0335
56....................................... 1.0447
56 1/4................................... 1.0597
56 1/2................................... 1.0747
56 3/4................................... 1.0898
57....................................... 1.1048
57 1/4................................... 1.1207
57 1/2................................... 1.1367
57 3/4................................... 1.1526
58....................................... 1.1686
58 1/4................................... 1.1855
58 1/2................................... 1.2025
58 3/4................................... 1.2195
59....................................... 1.2365
59 1/4................................... 1.2547
59 1/2................................... 1.2729
59 3/4................................... 1.2911
60....................................... 1.3093
60 1/4................................... 1.3221
60 1/2................................... 1.3350
60 3/4................................... 1.3479
61....................................... 1.3608
61 1/4................................... 1.3736
61 1/2................................... 1.3865
61 3/4................................... 1.3994
62....................................... 1.4123
62 1/4................................... 1.4251
62 1/2................................... 1.4380
62 3/4................................... 1.4509
63....................................... 1.4638
63 1/4................................... 1.4766
63 1/2................................... 1.4895
63 3/4................................... 1.5024
64....................................... 1.5153
64 1/4................................... 1.5281
64 1/2................................... 1.5410
64 3/4................................... 1.5539
65....................................... 1.5668
(2) In any county operating under this section any limitation in
any provisions of this chapter upon the amount of compensation used
for computing rates of contributions shall be disregarded.
(c) Whenever in this chapter reference is made to survivorship
and other benefits and rights under Section 31676.1, the same shall
apply to this section.
(d) Notwithstanding the requirements of subdivision (a), the
provisions of this section shall be applicable in a county of the
12th Class, as described in Sections 28020 and 28033, after the board
of supervisors of the county adopts a resolution to do so. The
provisions adopted pursuant to this subdivision may be made
applicable without regard to the requirement of implementing Article
15.6 (commencing with Section 31855) or the requirement of
terminating benefits under social security. The provisions adopted
pursuant to this subdivision shall apply only to either of the
following:
(1) Members first hired by the county on and after the date this
section becomes operative in the county.
(2) Members represented by Service Employees International Union
Local 521 whose retirement benefits were established pursuant to
Section 31676.16 prior to the date this section becomes operative in
the county.
31676.16. This section may be made applicable in any county on the
first day of the month after the board of supervisors of the county
adopts, by majority vote, a resolution providing that this section
shall become applicable in the county. Notwithstanding any other
provisions of this chapter, the current service pension or the
current service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-fiftieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation.
Age at Retirement Fraction
50 ................................. 0.713
50 1/4 ............................. 0.725
50 1/2 ............................. 0.737
50 3/4 ............................. 0.749
51 ................................. 0.761
51 1/4 ............................. 0.775
51 1/2 ............................. 0.788
51 3/4 ............................. 0.801
52 ................................. 0.814
52 1/4 ............................. 0.828
52 1/2 ............................. 0.843
52 3/4 ............................. 0.857
53 ................................. 0.871
53 1/4 ............................. 0.886
53 1/2 ............................. 0.902
53 3/4 ............................. 0.917
54 ................................. 0.933
54 1/4 ............................. 0.950
54 1/2 ............................. 0.966
54 3/4 ............................. 0.983
55 ................................. 1.000
55 1/4 ............................. 1.007
55 1/2 ............................. 1.013
55 3/4 ............................. 1.020
56 ................................. 1.026
56 1/4 ............................. 1.033
56 1/2 ............................. 1.039
56 3/4 ............................. 1.046
57 ................................. 1.052
57 1/4 ............................. 1.059
57 1/2 ............................. 1.065
57 3/4 ............................. 1.072
58 ................................. 1.078
58 1/4 ............................. 1.085
58 1/2 ............................. 1.091
58 3/4 ............................. 1.098
59 ................................. 1.105
59 1/4 ............................. 1.111
59 1/2 ............................. 1.118
59 3/4 ............................. 1.124
60 ................................. 1.131
60 1/4 ............................. 1.137
60 1/2 ............................. 1.144
60 3/4 ............................. 1.150
61.................................. 1.157
61 1/4 ............................. 1.163
61 1/2 ............................. 1.170
61 3/4 ............................. 1.176
62 ................................. 1.183
62 1/4 ............................. 1.189
62 1/2 ............................. 1.196
62 3/4 ............................. 1.202
63 and over ........................ 1.209
The fractions herein set forth shall be used until adjusted by
each board for its retirement system in accordance with the interest
and mortality tables adopted by each board with respect to its
retirement system.
In any county operating under this section any limitation in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
31676.17. This section may be made applicable in any county on the
first day of the month after the board of supervisors of the county
adopts, by majority vote, a resolution providing that this section
shall become applicable in the county. Notwithstanding any other
provisions of this chapter, the current service pension or the
current service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-fiftieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation:
Age at Fraction
Retirement
50 .......................... 1.0000
50 1/4 ........................ 1.0125
50 1/2 ........................ 1.0250
50 3/4 ........................ 1.0375
51 .......................... 1.0500
51 1/4 ........................ 1.0625
51 1/2 ........................ 1.0750
51 3/4 ........................ 1.0875
52 .......................... 1.1000
52 1/4 ........................ 1.1125
52 1/2 ........................ 1.1250
52 3/4 ........................ 1.1375
53 .......................... 1.1500
53 1/4 ........................ 1.1625
53 1/2 ........................ 1.1750
53 3/4 ........................ 1.1875
54 .......................... 1.2000
54 1/4 ........................ 1.2125
54 1/2 ........................ 1.2250
54 3/4 ........................ 1.2375
55 .......................... 1.2500
55 1/4 ........................ 1.2625
55 1/2 ........................ 1.2750
55 3/4 ........................ 1.2875
56 .......................... 1.3000
56 1/4 ........................ 1.3125
56 1/2 ........................ 1.3250
56 3/4 ........................ 1.3375
57 .......................... 1.3500
57 1/4 ........................ 1.3625
57 1/2 ........................ 1.3750
57 3/4 ........................ 1.3875
58 .......................... 1.4000
58 1/4 ........................ 1.4125
58 1/2 ........................ 1.4250
58 3/4 ........................ 1.4375
59 .......................... 1.4500
59 1/4 ........................ 1.4625
59 1/2 ........................ 1.4750
59 3/4 ........................ 1.4875
60 and over ................... 1.5000
In any county operating under this section, any limitations in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
This section shall apply to members employed by the county on or
after the date this section becomes operative in the county.
31676.18. This section may be made applicable in any county on the
first day of the month after the board of supervisors of the county
adopts, by majority vote, a resolution providing that this section
shall become applicable in the county. Notwithstanding any other
provisions of this chapter, the current service pension or the
current service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-fiftieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation.
Age at
Retirement Fraction
50 ................................... 1.0000
50 1/4 ............................... 1.0125
50 1/2 ............................... 1.0250
50 3/4 ............................... 1.0375
51 ................................... 1.0500
51 1/4 ............................... 1.0625
51 1/2 ............................... 1.0750
51 3/4 ............................... 1.0875
52 ................................... 1.1000
52 1/4 ............................... 1.1125
52 1/2 ............................... 1.1250
52 3/4 ............................... 1.1375
53 ................................... 1.1500
53 1/4 ............................... 1.1625
53 1/2 ............................... 1.1750
53 3/4 ............................... 1.1875
54 ................................... 1.2000
54 1/4 ............................... 1.2125
54 1/2 ............................... 1.2250
54 3/4 ............................... 1.2375
55 and over .......................... 1.2500
In any county operating under this section, any limitations in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
This section shall apply to members employed by the county on or
after the date this section becomes operative in the county.
31676.19. This section may be made applicable in any county on the
first day of the month after the board of supervisors of the county
adopts, by majority vote, a resolution providing that this section
shall become applicable in the county. Notwithstanding any other
provisions of this chapter, the current service pension or the
current service pension combined with the prior service pension is an
additional pension for members purchased by the contributions of the
county or district sufficient, when added to the service retirement
annuity, to equal the fraction of one-fiftieth of the member's final
compensation set forth opposite the member's age at retirement, taken
to the preceding completed quarter year, in the following table
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement, but in no event shall the total retirement
allowance exceed the member's final compensation:
Age at
Retirement Fraction
50 ........................................... 1.0000
50 1/4 ......................................... 1.0175
50 1/2 ......................................... 1.0350
50 3/4 ......................................... 1.0525
51 ........................................... 1.0700
51 1/4 ......................................... 1.0875
51 1/2 ......................................... 1.1050
51 3/4 ......................................... 1.1225
52 ........................................... 1.1400
52 1/4 ......................................... 1.1575
52 1/2 ......................................... 1.1750
52 3/4 ......................................... 1.1925
53 ........................................... 1.2100
53 1/4 ......................................... 1.2275
53 1/2 ......................................... 1.2450
53 3/4 ......................................... 1.2625
54 ........................................... 1.2800
54 1/4 ......................................... 1.2975
54 1/2 ......................................... 1.3150
54 3/4 ......................................... 1.3325
55 and over .................................... 1.3500
In any county operating under this section, any limitations in any
provisions of this chapter upon the amount of compensation used for
computing rates of contributions shall be disregarded.
Wherever in this chapter reference is made to survivorship
benefits and rights under Section 31676.1, the same shall apply to
this section.
This section shall apply to members employed by the county on or
after the date this section becomes operative in the county.
31676.3. This section shall apply only to counties coming under the
provisions of Section 31676.1 prior to January 1, 1953. A member
shall receive no credit for prior service subsequent to June 30,
1921, in calculating a retirement allowance pursuant to Section
31676.1 unless, within 90 days after the effective date of this
section, he files with the board his written election to pay into the
retirement fund six dollars () for each month of prior service
subsequent to June 30, 1921, for which he claims credit, and unless
he makes such payments as provided in this article.
31676.56. In any county coming under the provisions of Section
31676.1 subsequent to January 1, 1953, any member having in excess of
30 years of service may within 90 days from the effective date of
this amendment elect in writing not to come under the provisions of
Section 31676.1.
31676.6. This section shall apply only to counties coming under the
provisions of Section 31676.1 prior to January 1, 1953. If a member
files an election pursuant to Section 31676.3 and does not file an
election pursuant to Section 31676.4, and either he has no
accumulated additional contributions to his credit or the accumulated
contributions to his credit are less than payments due for credit
for prior service subsequent to June 30, 1921, the amount due or
balance thereof shall be paid by additional salary deductions in the
amounts specified by the member but in no case less than six dollars
() per month. The total amount due shall be paid prior to the
effective date of his retirement.
31676.9. In every county in which a retirement system was
established prior to January 1, 1952, the prior service pension is an
additional pension for members purchased by the county or district,
equal to one-sixtieth of the average annual compensation earnable by
him during any three years of service elected by the member at or
before the time he files an application for retirement, or, if he
fails to elect, during the three years immediately preceding his
retirement, multiplied by the number of years of prior service
credited to him.
31676.95. In every county coming under the provisions of Section
31676.1 subsequent to January 1, 1953, every current service pension
and prior service pension payable for time commencing on the
effective date of this section to any member who was retired prior to
said effective date by reason of having attained the age of
compulsory retirement, is hereby increased to the amount it would be
if the provisions of this chapter, including Sections 31676.1 and
31760.1, as they existed on the date that Section 31676.1 became
applicable to the members' retirement system, had been in effect on
the date of the actual retirement of the member; but this section
does not authorize any decrease in any such pension, nor does this
section give any such retired member, or his successors in interest,
any claim against the county or district for any increase in any
pension paid or payable for time prior to its effective date.
Calculations of pensions under this section shall be made on the
basis of current interest rate and mortality tables.
This section shall not apply to any retirement system established
under the provisions of this chapter, nor to the members or retired
members of any such system unless and until the governing board of
the county or district covered by such retirement system elects to be
subject to the provisions of this section in the manner provided by
Article 2 of this chapter with respect to the establishment of a
retirement system hereunder; except that an election among the
employees is not required.
31676.96. In every county coming under the provisions of Section
31676.1, every current service pension and prior service pension
payable for the time commencing on the first day of the month after
the effective date of this section to any member who was retired
prior to such effective date is hereby increased to the amount it
would be if the provisions of this chapter, including Section
31676.1, as they exist on the effective date of this section had been
in effect on the date of the actual retirement of the member, but
this section does not authorize any decrease in any such pension, nor
does this section give any such retired member, or his successors in
interest, any claim against the county or district for any increase
in any pension paid or payable for time prior to its effective date.
Calculations of pensions under this section shall be made on the
basis of current interest rate and mortality tables.
This section shall not apply to any retirement system established
under the provisions of this chapter, nor to the members or retired
members of any such system unless and until the governing board of
the county or district covered by such retirement system elects to be
subject to the provisions of this section in the manner provided by
Article 2 (commencing with Section 31500) of this chapter with
respect to the establishment of a retirement system hereunder, except
that an election among the employees is not required.
31676.97. In every county coming under the provisions of Section
31676.1 subsequent to January 1, 1964, and prior to October 1, 1964,
every current service pension and prior service pension payable for
time commencing October 1, 1965, is hereby increased to the amount it
would be if the provisions of this chapter, including Sections
31676.1 and 31760.1, as they existed on the date that Section 31676.1
became applicable to the members' retirement system, had been in
effect on the date of the actual retirement of the member; but this
section does not authorize any decrease in any such pension, nor does
this section give any such retired member, or his successors in
interest, any claim against the county or district for any increase
in any pension paid or payable for time prior to October 1, 1965.
Calculations of pensions under this section shall be made on the
basis of current interest rate and mortality tables.
31676.98. Any county under the provisions of Section 31676.1, on
the effective date of this section, whose retired employees were not
included in the benefits of Section 31676.1 on the date the county or
district adopted the provisions of Section 31676.1, may now include
under Section 31676.1 all retirees who retired during the period of
time from the establishment of such retirement system and the date
such county or district passed a resolution bringing the county or
district under the provisions of Section 31676.1, subject to the
following conditions:
(a) The benefits of this section shall not apply to any
beneficiary or successor in interest of any deceased member and shall
apply only to the living retired members on the date such section is
adopted by resolution of the county or district.
(b) No increases, cost of living adjustments or grants to such
retired members shall be considered in the calculations of the
retirement allowance, and only such pensions received by the retired
members, computed at the date of the original retirement of the
members shall be used in the computation of any such benefits. All
living retired members shall have their benefits computed as general
members. Calculations shall be made on the basis of current interest
rates and mortality tables.
(c) This section shall not decrease any such pension or retirement
allowance, nor shall this section give any such retired members or
their beneficiary or successor in interest, any claim against the
county or district for any increases in pension or retirement
allowance paid or payable for the time prior to the effective date of
this section.
(d) This section shall not apply to any retirement system
established under the provisions of this chapter, nor to the members
or retired members of such system unless and until the governing
board of the county or district, adopts by majority vote, a
resolution providing that this section shall become applicable in
such county or district. Upon adoption the effective date shall be
the first of the month following such date of adoption.
A county or district upon the adoption of the benefits prescribed
by this section shall determine and shall prescribe increases in
employer or member rates of contribution or make such other
adjustments as it deems appropriate to fully fund such benefits on a
sound actuarial basis.
31677. If a member retires for service before attaining age 60, the
prior service pension shall be reduced to that amount which the
value of the pensions as deferred to age 60 will purchase at the
actual age of retirement.
31678. Notwithstanding any other provision of this chapter, any
member of a retirement association established in any county pursuant
to this chapter, who upon retirement receives a retirement allowance
calculated in accordance with Sections 31676.1, 31676.11, 31676.12,
31676.13, 31676.14, and 31676.15, shall have his or her retirement
allowance calculated under each such section only for the period of
time that the section was effective in the county.
The Legislature recognizes that counties subject to this chapter
may adopt two or more of the enumerated retirement allowance
calculation sections when changing from a section providing a lesser
allowance to a section providing a larger allowance and thereby
creates a windfall for a person who retires immediately after the
adoption of a section providing the larger allowance because the
retirement allowance is calculated as if the section had been in
effect during the entire career of the member. The purpose of this
section is to prevent this practice. This section shall apply only
to persons who become members of the retirement system after January
1, 1981.
31678.1. (a) In a county of the 14th class, as defined by Section
28020, as amended by Chapter 1204 of the Statutes of 1971, and
Section 28035, as amended by Chapter 1204 of the Statutes of 1971,
Section 31678 shall only be applicable to persons who first became
members of the retirement system on and after January 1, 1994.
(b) This section shall not be operative in that county until the
board of supervisors, by resolution, adopted by a majority vote,
makes this section applicable in that county.
(c) Notwithstanding any other provision of law, this section shall
only apply to members who retire on or after January 1, 1994.
31678.2. (a) Notwithstanding Section 31678 or any other provision
of this chapter, a board of supervisors or a governing body of a
district may, by resolution adopted by majority vote, make any
section of this chapter prescribing a formula for calculation of
retirement benefits applicable to service credit earned on and after
the date specified in the resolution, which date may be earlier than
the date the resolution is adopted.
(b) A resolution adopted pursuant to this section may, if approved
in a memorandum of understanding executed by the board of
supervisors and the employee representatives, require members to pay
all or part of the contributions by a member or employer, or both,
that would have been required if the section or sections specified in
subdivision (a), as adopted by the board or governing body, had been
in effect during the period of time designated in the resolution.
The payment by a member shall become part of the accumulated
contributions of the member.
(c) This section shall only be applicable to members who retire on
or after the effective date of the resolution described in
subdivision (a).
31678.3. (a) Notwithstanding any other provision of this chapter, a
resolution adopted by a board of supervisors to make any formula for
calculation of retirement benefits described in this section
applicable to the employees of the county does not apply to make that
formula applicable to the employees of any district within the
county. The governing body of a district may elect, by resolution
adopted by majority vote, to make any formula for calculation of
retirement benefits described in this section applicable to the
employees of the district irrespective of whether the board of
supervisors has made that election with respect to employees of the
county.
(b) Notwithstanding any other provision of this chapter, the board
of supervisors or the governing body of a district may, by
resolution adopted by majority vote, pursuant to a memorandum of
understanding made under the Meyers-Milias-Brown Act (Chapter 10
(commencing with Section 3500) of Division 4 of Title 2), do any or
all of the following:
(1) Apply Section 31621.8, 31676.17, 31676.18, or 31676.19 for the
calculation of retirement benefits for general members to the
employees in a bargaining unit comprised of general members.
(2) Apply Section 31664.1 for the calculation of retirement
benefits for safety members to the employees in a bargaining unit
comprised of safety members.
(3) Apply Section 31664 for the calculation of retirement benefits
for safety members to the employees of the Probation Services Unit
and the Probation Supervisory Management Unit.
(c) Any nonrepresented employees within similar job
classifications as employees in a bargaining unit described in
subdivision (b) or supervisors and managers thereof shall be subject
to the same formula for the calculation of retirement benefits
applicable to the employees in that bargaining unit.
(d) A resolution adopted pursuant to subdivision (b) may require
members to pay a portion of the contributions attributable to past
service liability, that would have been required if the benefits
specified in the resolution, as adopted by the board of supervisors
or the governing body of the district, had been in effect during the
period of time designated in the resolution. Any payments required
of represented employees shall first be approved in a memorandum of
understanding made under the Meyers-Milias-Brown Act and executed by
the board of supervisors or the governing body of the district and
the employee representatives. The contributions paid by a member
pursuant to this subdivision shall become part of the accumulated
contributions of the member.
(e) This section shall only be applicable to members who retire on
or after the effective date of the resolution described in
subdivision (b).
(f) The board of supervisors or the governing body of a district
may not unilaterally implement a retirement formula for any of its
bargaining units.
(g) This section shall apply only in Orange County.
31678.4. The governing body of a district as defined in subdivision
(l) of Section 31468 shall not elect to make a formula for the
calculation of retirement benefits applicable to the personnel of the
district appointed pursuant to Section 31522.5 who are employees of
the retirement system unless the board of supervisors has made that
formula applicable to personnel of that retirement system who are
employees of the county.
31679. In every county in which a retirement system was established
prior to January 1, 1953, if a member enters or has heretofore
entered the retirement system with credit for prior service, and has
heretofore retired or shall hereafter be retired after attaining the
compulsory retirement age, or at age 65 with 20 years service, and
his retirement allowance is less than one thousand two hundred
dollars (,200) a year, exclusive of any annuity based on additional
contributions, an additional amount purchased by contributions of
the county or district shall be added to his combined annuity and
pensions which will cause his total retirement allowance to amount to
one thousand two hundred dollars (,200) a year, exclusive of any
annuity based on additional contributions.
31680. A member retired for service or disability shall not be paid
for any service rendered by him to the county or district after the
date of his retirement, except: (a) As specifically provided in this
chapter. (b) Pursuant to Section 31733. (c) The county or district
may pay and such retired member may receive: (1) rewards for ideas
or suggestions made by such retired member for the improvement of
county or district activities; (2) compensation for his services on
the board. (d) If the member is subsequently elected to county
office after retirement.
As herein used the term "services rendered" shall refer to service
rendered as an officer or employee of the county or district and
shall not refer to services performed by a retired officer or
employee as an independent contractor engaged by a county or district
under a bona fide contract for services within the purview of
Section 31000 of this code.
31680.01. As used in Section 31680 service rendered as a member of
a governing board of a joint agency created by two or more counties,
under the authority of Chapter 5 (commencing with Section 6500) of
Division 7, Title 1 of this code, shall not be deemed service
rendered a county or district, provided that the county from whose
service the employee was retired is a party to the agreement creating
the joint agency.
31680.1. Any person who has retired under this chapter may, without
reinstatement from retirement or loss or interruption of benefits
under this chapter, serve as a juror, election officer, field deputy
for registration of voters, member of the board of the association or
temporarily as a judge when assigned by the Chairman of the Judicial
Council and receive any fees payable for such service.
31680.2. (a) Any person who has retired may be employed in a
position requiring special skills or knowledge, as determined by the
county or district employing him or her, for not to exceed 90 working
days or 720 hours, whichever is greater, in any one fiscal year or
any other 12-month period designated by the board of supervisors and
may be paid for that employment. That employment shall not operate to
reinstate the person as a member of this system or to terminate or
suspend his or her retirement allowance, and no deductions shall be
made from his or her salary as contributions to this system.
(b) (1) This section shall not apply to any retired person who is
otherwise eligible for employment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.
(2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment.
31680.3. (a) Notwithstanding Section 31680.2, any member who has
been covered under the provisions of Section 31751 and has retired
may be reemployed in a position requiring special skills or
knowledge, as determined by the county or district employing the
member, for not to exceed 120 working days or 960 hours, whichever is
greater, in any one fiscal year and may be paid for that employment.
That employment shall not operate to reinstate the person as a
member of this system or to terminate or suspend the person's
retirement allowance, and no deductions shall be made from the person'
s salary as contributions to this system.
(b) (1) This section shall not apply to any retired member who is
otherwise eligible for reemployment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.
(2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment.
31680.4. Notwithstanding any other provision of law, a member
retired for service and reemployed in a county or district under this
chapter shall become again an active member of the retirement
association upon (a) his or her application to the board for
reinstatement, (b) the determination of the board, based upon medical
examination, that he or she is not incapacitated for the duties
assigned to him or her; and (c) meeting the conditions for membership
in Article 4 (commencing with Section 31550) are met.
For the purposes of this section, the effective date of the member'
s reinstatement to active membership shall be the first day of the
month following the date of reemployment.
Except as permitted in Section 31680.2 or 31680.3, the retirement
allowance of the member shall be canceled on the effective date of
the member's reemployment and shall be resumed only upon the
subsequent termination of the member from employment.
This section shall not be operative in any county until the board
of supervisors, by resolution adopted by a majority vote, makes this
section and Section 31680.5 operative in that county.
31680.5. (a) Upon reinstatement, pursuant to Section 31680.4, the
member's rate of contributions and retirement allowance upon
subsequent retirement shall be determined as if the member were first
entering the system.
Solely for the purpose of determining the member's eligibility for
service retirement under this section, service shall include the
member's credited service prior to reinstatement.
(b) The member's allowance upon his or her service or disability
retirement or other termination subsequent to the reinstatement shall
be the sum of (1) his or her retirement allowance calculated on the
basis of credited service rendered after reinstatement in accordance
with the formula applicable to him or her plus (2) his or her
retirement allowance as it was prior to reinstatement, adjusted by
any change after reinstatement in the provisions governing the
calculation of his or her allowance which would have applied to him
or her had he or she continued in retirement.
The retirement allowance otherwise payable under this section to a
member whose allowance prior to reinstatement was paid pursuant to
his or her election under Section 31810 shall be reduced as provided
in Section 31810. However, for a member reinstated pursuant to
Section 31680.4 prior to attaining age 62, the reduction required by
Section 31810 shall be the amount which is the actuarial value of the
increase in the allowance from date of retirement to date of
reinstatement.
Notwithstanding any other provision of this chapter, the
retirement allowance payable to any member subject to this section
for any credited service for which a retirement allowance was paid
prior to reinstatement shall not be less than the retirement
allowance which would have been payable on the date of the subsequent
retirement had the member not been reinstated, adjusted, however, by
any reduction under this section because of an election under
Section 31810.
(c) Notwithstanding Article 10 (commencing with Section 31720),
upon retirement for disability subsequent to reinstatement, a member
shall receive a disability retirement allowance as follows:
(1) A service-connected disability allowance shall be equal to
one-half of his or her final compensation or an allowance computed as
prescribed by subdivision (b), whichever is greater.
(2) A nonservice-connected disability allowance shall be computed
using the method prescribed by subdivision (b).
(d) This section shall not be operative in any county until the
board of supervisors, by resolution adopted by a majority vote, makes
this section and Section 31680.4 operative in that county.
31680.6. (a) Notwithstanding Section 31680.2, any county subject to
Section 31680.2 may, upon adoption of a resolution by a majority
vote by the board of supervisors, extend the period of time provided
for in Section 31680.2 for which a person who has retired may be
employed in a position requiring special skills or knowledge, as
determined by the county or district employing him or her, to not to
exceed 120 working days or 960 hours, whichever is greater, in any
one fiscal year or any other 12-month period designated by the board
of supervisors and may be paid for that employment. That employment
shall not operate to reinstate the person as a member of this system
or to terminate or suspend his or her retirement allowance, and no
deductions shall be made from his or her salary as contributions to
this system.
(b) (1) This section shall not apply to any retired person who is
otherwise eligible for employment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.
(2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment.
31680.7. (a) Notwithstanding any other provision of law, any person
who has been retired for service may be reemployed by the county or
district from which he or she has been retired. Upon reemployment,
the member's retirement allowance shall be discontinued. The
retirement allowance may be reinstated upon the discontinuance of
reemployment, as specified in this section.
(b) (1) For purposes of this section, "original period of
employment" means the period of service with the county or district
upon which the member's original retirement allowance was based.
(2) For purposes of this section, "period of reemployment" means
the service subsequently rendered by the member after he or she has
been reemployed by the county or district.
(c) During the period of reemployment, the member shall accrue
retirement service credit at the same tier or benefit level which was
applicable to the member during his or her original period of
employment. The member's contribution rate shall be based on the
same age at entry, and the same statutory formula, which was used in
calculating the member's contribution rate during his or her original
period of employment.
(d) Upon termination of the member's period of reemployment for
other than death or disability, the member shall begin receiving a
monthly service retirement allowance which is the sum of all of the
following:
(1) The monthly retirement allowance the member had been receiving
immediately prior to the time the member was reemployed by the
county or district.
(2) Any cost-of-living increases that would have been added to the
monthly retirement allowance if the member's allowance had not been
discontinued by reason of reemployment.
(A) A retirement allowance based on the amount of service credit
the member accrued during the period of reemployment. This
additional retirement allowance shall be calculated using the same
benefit formula and tier upon which the member's original retirement
allowance was calculated, but shall be based on the member's age upon
termination of the period of reemployment and the member's final
compensation during that period.
(B) The retirement allowance otherwise payable under this section
to a member whose allowance prior to reinstatement was paid pursuant
to an election under Section 31810 shall be reduced as provided in
that section. However, for a member reinstated pursuant to Section
31680.4 prior to attaining age 62, the reduction required by Section
31810 shall be the amount that is the actuarial value of the increase
in the allowance from the date of retirement to the date of
reinstatement.
(e) If, after reemployment pursuant to this section, the member
becomes disabled and is granted a service-connected or
non-service-connected disability retirement by the board, the member'
s disability retirement allowance shall be the greater of either of
the following:
(1) The disability retirement allowance the member would have been
entitled to receive if all of the member's service during his or her
original period of employment and subsequent period of reemployment
had been continuous.
(2) The service retirement allowance the member would have been
entitled to receive if the member had not become disabled and had
voluntarily terminated his or her period of reemployment.
(f) (1) If the member dies during his or her period of
reemployment, and leaves an eligible survivor or survivors entitled
to receive a survivor's allowance, the allowance shall be the same
amount that it would have been if all of the member's service during
his or her original period of employment and subsequent period of
reemployment had been continuous. If a lump sum death benefit is
payable to the member's designated beneficiary instead of a survivor'
s allowance, the member's accumulated retirement contributions for
purposes of computing the death benefit shall be the sum of the
contributions made by the member during the period of reemployment,
plus interest credited thereon, and the excess, if any, of the member'
s total contributions during the original period of employment,
including interest credited thereon, over the total amount of
retirement benefits paid to the member between the member's original
retirement from the county or district and the member's reemployment
pursuant to this section.
(2) Upon or after service retirement, the continuance shall be
paid upon the member's death to the respective elected beneficiaries
from each of the separate retirement period elections.
(g) This section shall not apply to an employee who receives an
additional retirement benefit as an inducement to retire early.
(h) This section shall not be operative in any county until the
board of supervisors of that county, by resolution adopted by a
majority vote, makes this section applicable in that county.
31680.8. (a) Notwithstanding any other provision of law, a safety
member who was required to retire for service because of age during
the operative dates of, and as described in, Section 31662.4,
31662.6, 31662.8, or 31663, may be reemployed by the county in the
same position that he or she retired from and be reinstated to active
membership upon all of the following:
(1) His or her application to the board for reinstatement to
active membership.
(2) The determination of the board, based on medical advice, that
the member is not incapacitated for the duties of the position
assigned to him or her.
(b) The member shall be reinstated to active membership in the
plan or tier that he or she retired from, effective the first day of
the month following the date of reemployment, and his or her
membership shall be the same as if unbroken by retirement.
Notwithstanding any other provision of law, the credited service of
the member rendered both before and after reinstatement shall be
included for the purpose of determining the eligibility of the member
for benefits under this chapter.
(c) Upon reemployment pursuant to this section, the retirement
allowance of the member shall be cancelled. Upon the subsequent
termination of the member from employment, the retirement allowance
of the member shall be recalculated on the basis of the credited
service rendered both before and after reinstatement pursuant to the
formula applicable to the member prior to reinstatement.
Notwithstanding any other provision of law, the reinstatement rights
conferred by this section shall not entitle a person to a retirement
right or benefit that exceeds the limitations in the Internal Revenue
Code that apply to public retirement systems.
(d) Upon reinstatement pursuant to this section, the rate of
contribution of the member shall be based on the same age at entry
that was used in calculating the contribution rate of the member
during his or her original period of employment.
(e) This section shall apply only to a county of the first class
as described in Section 28020 and shall not become operative in that
county until the board of supervisors, by resolution adopted by
majority vote, makes this section operative in that county.
31681. In every county having a population in excess of 2,000,000,
the minimum retirement allowance for every member who has heretofore
or who shall be hereafter retired at compulsory retirement age and
who is credited with 15 or more years of service, including prior
service, or at age 65 with 20 years of service, shall receive a total
retirement allowance of not less than one thousand two hundred
dollars (,200) per year, exclusive of any annuity based on
additional contributions. This section shall be retroactively
operative as of September 22, 1951.
31681.1. (a) Notwithstanding any other provisions of this chapter,
every retirement allowance payable for time commencing on the
effective date of this section to any previously retired member of a
superseded system not established pursuant to either Chapter 4 or
Chapter 5 is hereby increased, by increase of the pension portion
thereof, to the amount it would be if the previously retired member
of such superseded system had been retired under the provisions of
this chapter, and the provisions of this chapter, as they are in
effect on the effective date of this section, had been in effect at
the time of the retirement of the previously retired member, assuming
that all of the service with which he was credited at the time of
his actual retirement constituted prior service under this chapter.
(b) However, if such retirement allowance payable for time after
the effective date of this section, as increased by subdivision (a)
of this section, is less than one thousand two hundred dollars
(,200) a year, and if the previously retired member of the
superseded system (not established pursuant to either Chapter 4 or
Chapter 5) was credited at the time of his retirement with 20 or more
years of service, or was retired after attaining the compulsory age
of retirement, an additional amount provided by contributions of the
county shall be added to his retirement allowance which will cause
his total retirement allowance to amount to one thousand two hundred
dollars (,200) a year.
(c) This section does not authorize any decrease in any such
retirement allowance, nor does this section give any such previously
retired member of such superseded retirement system, or his
successors in interest, any claim against the county for any increase
in any retirement allowance paid or payable for time prior to its
effective date. Calculations of retirement allowances under this
section shall be made on the basis of current interest rate and
mortality tables.
31681.2. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system or of a superseded system, who was retired prior to
January 1, 1948, is hereby increased by twenty-five dollars () per
month if the retired member is entitled to be credited with 20 years
or more of service, or, if the retired member is entitled to be
credited with less than 20 years of service, by an amount which bears
the same ratio to twenty-five dollars () as the member's
completed years of service with which the member is entitled to be
credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31681.4. Every retirement allowance for time commencing on the
effective date of this section to or on account of any member of this
system or of a superseded system, who was retired or died on or
after January 1, 1948 but prior to February 1, 1955, or such other
date prior to February 1, 1955, as the board of supervisors in any
county shall specify by resolution, is hereby increased by
twenty-five dollars () per month if the retired member is entitled
to be credited with 20 years or more of service, or, if the retired
member is entitled to be credited with less than 20 years of service,
by an amount which bears the same ratio to twenty-five dollars ()
as the member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31681.5. Every retirement allowance payable for time commencing on
the effective date of this section to, or on account of any member of
this system or of a superseded system, who has been retired for
service, is hereby increased as follows:
Percentage of
increase in
Period during which monthly retirement
retirement became effective allowance
On or prior to June 30, 1956 ............. 10%
Twelve months ended June 30, 1957 ........ 8%
Twelve months ended June 30, 1958 ........ 6%
Twelve months ended June 30, 1959 ........ 4%
Twelve months ended June 30, 1960 ........ 2%
In no event shall any allowance be increased by an amount greater
than fifty dollars () a month nor less than ten dollars () a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31681.51. Every retirement allowance or optional death allowance
(including an allowance payable to a survivor of a member) payable to
or on account of any member of this system or of a superseded system
who has been or was retired for service is hereby increased as
follows:
Period during which Percentage of increase
in
retirement became monthly retirement
effective allowance
On or prior to June 30, 1962 ............... 10%
12 months ended June 30, 1963 .............. 8%
12 months ended June 30, 1964 .............. 6%
12 months ended June 30, 1965 .............. 4%
12 months ended June 30, 1966 .............. 2%
In no event shall any allowance be increased by an amount greater
than fifty dollars () a month nor less than ten dollars () a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31681.52. Every retirement allowance or optional death allowance,
including an allowance payable to a survivor of a member, payable to
or on account of any member of this system or of a superseded system
who has been or was retired for service is hereby increased as
follows:
Percentage of increase
in
Period during which monthly retirement
retirement became allowance
effective
On or prior to June 30, 1967 ................ 10%
12 months ended June 30, 1968 ............... 8%
12 months ended June 30, 1969 ............... 6%
12 months ended June 30, 1970 ............... 4%
12 months ended June 30, 1971 ............... 2%
In no event shall any allowance be increased by an amount greater
than seventy-five dollars () a month. A member with credit for 10
or more years of service in the system shall receive not less than
twenty-five dollars () a month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by a majority
vote, make the provisions of this section applicable in such county.
31681.53. (a) Except as provided in subdivision (b), a retirement
allowance or optional death allowance, including an allowance payable
to a survivor of a member, payable to or on account of any member of
this system or of a superseded system who has been or was retired
for service which did not on July 1, 1976 exceed five hundred dollars
(0) per month is hereby increased as follows:
Number of years of Percentage of increase in
county or district monthly retirement
service allowance
25 or more years ...................... 10%
20-25 years ........................... 8%
15-20 years ........................... 6%
(b) No allowance shall be increased to more than five hundred
dollars (0) per month pursuant to subdivision (a).
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31681.54. (a) Except as provided in subdivision (b) of this
section, a retirement allowance or optional death allowance,
including an allowance payable to a survivor of a member, payable to
or on account of any member of this system, or of a superseded
system, who retired for service on or before December 31, 1971, is
hereby increased as follows:
Number of Years of Percentage of Increase in
County or District Monthly Retirement
Service Allowance
25 or more years ................. 10%
20-25 years ...................... 8%
15-20 years ...................... 6%
10-15 years ...................... 4%
(b) No allowance shall be increased to more than five hundred
dollars (0) per month pursuant to subdivision (a) of this section.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31681.55. Effective the first day of the first month after adoption
of this section by the board of supervisors, the allowance paid with
respect to any member of this system who retired or died prior to
January 1, 2001, shall be increased by the percentage set forth
opposite the year of retirement or death in the following schedule:
Period during which retirement
or death occurred: Percentage:
January 1, 1998, or later 0.0%
12 months ending Dec. 31, 1997 1.0%
24 months ending Dec. 31, 1996 2.0%
60 months ending Dec. 31, 1994 3.0%
60 months ending Dec. 31, 1989 4.0%
120 months ending Dec. 31, 1984 5.0%
12 months ending Dec. 31, 1974,
or earlier 6.0%
The percentage shall be applied to the allowance payable on the
effective date, and the allowance as so increased shall be paid for
time on and after that date and shall be subject to annual
cost-of-living adjustments.
(b) This section shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by
majority vote, make the provisions of this section applicable in that
county.
31681.6. In any county which made Section 31676.1 of the Government
Code applicable effective July 1, 1962, the board of supervisors may
by resolution make the benefits provided by Section 31676.1
applicable to employees who retired prior to July 1, 1962, and after
the board of supervisors first adopted a resolution providing that
Section 31676.1 would become applicable provided that such employees'
retirement was by reason of having reached the age of compulsory
retirement prior to July 1, 1962. In such instance the employees
shall be entitled to the benefits provided by Section 31676.1 as of
July 1, 1962.
31681.7. Every retirement allowance payable during the time this
section is operative in any county to, or on account of any member of
this system or of a superseded system, who has been retired for
service shall be increased by an amount equal to the product one
dollar () times years of service, not to exceed 20 years, times the
number in the following table:
Period during which retirement
became effective Multiply by
On or prior to June 30, 1957 ............. 2
Twelve months ended June 30, 1958 ........ 1.5
Twelve months ended June 30, 1959 ........ 1
Twelve months ended June 30, 1960 ........ 0.5
This section shall not be operative in any county except as follows:
The board of supervisors of a county at any time and from time to
time may find that economic conditions are such as to require either
that this entire section, or this section as applied to one or more
categories of members in the above table be applicable in such
county. The board of supervisors of such county from time to time
may either rescind or modify such finding and either find that
economic conditions do not require that this section be applicable at
all in such county or be applicable to a greater, lesser, or
different extent than previously found. This section or this section
as applied to one or more categories of members in the above table,
as the case may be, shall be applicable in such county when and only
during the time when such finding is in effect. The giving of
additional retirement benefits pursuant to this section shall create
no additional contractual rights and shall not preclude the
withdrawal of such benefits either by action of the board of
supervisors or of the Legislature.
31681.8. (a) The board of supervisors in any county under the
County Employees Retirement Law of 1937 may provide, effective on a
date determined by the board, for cost-of-living payments, in
addition to those payable under Articles 16.5 and 16.6, to members of
this system or a superseded system who retired and to their
surviving beneficiaries who are receiving allowances under this
system, provided the following conditions are met:
(1) On January 1 of the year of adoption or readoption of this
section, the accumulations established by Section 31870, 31870.1, or
31870.2, as applicable, shall, for any member, equal or exceed 25
percent in order for that member to be eligible for such
cost-of-living payment.
(2) The payments shall be made either quarterly or monthly to
those members and survivors eligible for the first payment.
(3) The amount of each payment is equal to the product of a sum
determined by the board of supervisors, but not to exceed fifteen
dollars () times the member's full years of county service not
exceeding 30 years.
(b) The payments made pursuant to this section and Section 31739.5
shall be made only during the lifetimes of the members or their
survivors receiving allowances and to no other person.
(c) The payments made pursuant to this section and Section 31739.5
shall not be considered as a part of the monthly retirement
allowance, optional death allowance, or annual death allowance, nor
shall any such payments be construed as guaranteeing any similar
payments in any subsequent year.
(d) Notwithstanding subdivision (a), the payments to beneficiaries
of members pursuant to Section 31760.1, 31765.1, 31781.1, or 31785
or to beneficiaries who elected a combined benefit pursuant to
Section 31781.3 shall be 60 percent of the payments which otherwise
would have been payable under subdivision (a) to the members.
(e) Notwithstanding subdivision (a), the payments to beneficiaries
of members who elected optional settlement 3 pursuant to Section
31763 shall be 50 percent of the payments which otherwise would have
been payable under subdivision (a) to the member.
(f) This section shall not be operative in any county in any year,
unless it is adopted or readopted in any year by the board of
supervisors. Any such adoption or readoption in any particular year
shall not be construed to require any adoption or readoption in any
subsequent year.
Before adoption by the board of supervisors in any year, the cost
of the payments authorized by this section and Section 31739.5 shall
be determined by a qualified actuary and the board of supervisors
shall, with advice of the actuary, provide for the payment of such
cost in such manner as to fully fund the benefits on a sound
actuarial basis, including use of available funds in the reserves
provided in Section 31592.2 with the approval of the retirement
board, or an increase in the employer rates of contributions, or a
combination of these sources of payments. This actuarial
determination shall be made only upon authorization by the board of
supervisors.
Upon adoption by any county providing benefits pursuant to this
section, of Article 5.5 (commencing with Section 31510) of this
chapter, the board of retirement shall, instead, pay those benefits
from the Supplemental Retiree Benefits Reserve established pursuant
to Section 31510.8.
31682. The board of retirement of a county of the 13th class, as
defined by Sections 28020 and 28034, as amended by Chapter 1204 of
the Statutes of 1971, may elect to provide, by resolution, a vested
supplemental retirement benefit of one hundred eight dollars and
forty-four cents (8.44) per month to all current and future
retired members and their survivors eligible for an optional
settlement or a survivors allowance under this chapter.
Prior to the adoption of a resolution by the board of retirement
to provide the supplemental retirement benefit provided for in this
section, the cost of funding this supplemental retirement benefit
into perpetuity shall be determined by a qualified actuary.
This section shall not be operative until such time as the board
of supervisors shall, by majority vote, adopt a resolution making the
provisions of this section applicable.
31682.2. If the board of retirement of a county of the 13th class
adopts, or has adopted, a resolution pursuant to Section 31682, then
for those persons who are first employed by an employer of the system
on or after January 1, 2006, the vested supplemental benefit shall
be paid only to a retiree who has accrued a minimum of five years'
service credit in the system as a result of employment with the
employer, except that a member who receives a disability retirement
that is service connected is not subject to the five-year service
requirement.
31683. (a) The board of supervisors in a county of the ninth class,
as defined in Sections 28020 and 28030, may elect to provide an
additional benefit to members who retired and to their surviving
beneficiaries who are receiving allowances under this system, if the
following conditions are satisfied:
(1) A qualified actuary determines the cost of the payments
authorized by this section.
(2) The board of retirement fully funds the costs of the payments
by this section through a transfer of funds from the reserves as
provided in Section 31592.2.
(b) The payments shall be made monthly only to those members and
their surviving beneficiaries who are receiving allowances under this
system on a date established by the board of retirement.
(c) The first payment shall be effective on the first day of the
first full month that occurs after adoption of this section by the
board of supervisors.
(d) The amount of each additional monthly benefit to a retired
member shall be two hundred dollars (0).
(e) Notwithstanding subdivision (d), the monthly payments to
beneficiaries of members pursuant to Section 31760.1, 31765.1,
31781.1, or 31785, or to beneficiaries who elect a combined benefit
pursuant to Section 31781.3 shall be one hundred twenty dollars
(0).
(f) Notwithstanding subdivision (d), the monthly payments to
beneficiaries of members who elected optional settlement three
pursuant to Section 31763 shall be one hundred dollars (0).
(g) The payments made pursuant to this section shall be considered
a part of the monthly allowance and shall be increased by any
subsequent cost-of-living allowance under Article 16.5 (commencing
with Section 31870).
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