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2009 California Government Code - Section 31450-31485.16 :: Article 1. General
GOVERNMENT CODESECTION 31450-31485.16
31450. This chapter may be cited as the County Employees Retirement
Law of 1937.
31451. The purpose of this chapter is to recognize a public
obligation to county and district employees who become incapacitated
by age or long service in public employment and its accompanying
physical disabilities by making provision for retirement compensation
and death benefit as additional elements of compensation for future
services and to provide a means by which public employees who become
incapacitated may be replaced by more capable employees to the
betterment of the public service without prejudice and without
inflicting a hardship upon the employees removed.
31452. The right of a person to a pension, annuity, retirement
allowance, return of contributions, the pension, annuity, or
retirement allowance, any optional benefit, any other right accrued
or accruing to any person under this chapter, the money in the fund
created or continued under this chapter, and any property purchased
for investment purposes pursuant to this chapter, are exempt from
taxation, including any inheritance tax, whether state, county,
municipal, or district. They are not subject to execution or any
other process of court whatsoever except to the extent permitted by
Section 31603 of this code and Section 704.110 of the Code of Civil
Procedure, and are unassignable except as specifically provided in
this chapter.
31452.5. The board may comply with and give effect to a revocable
written authorization signed by a retired member or beneficiary of a
retired member entitled to a retirement allowance or benefit under
this chapter, authorizing the treasurer or other entity authorized by
the board to deduct a specified amount from the retirement allowance
or benefit payable to any retired member or beneficiary of a retired
member for the purpose of paying premiums on any policy or
certificate of group life insurance or group disability insurance
issued by an admitted insurer, for any prepaid group medical or
hospital service plan, or both, for any vision care program or dental
plan, approved by the board, for the benefit of the retired member
or his or her dependents, for the payment of premiums on national
service life insurance or United States government converted
insurance, for the purchase of shares in or the payment of money to
any regularly chartered credit union, for charitable organizations or
federally chartered veterans' organizations as approved by both the
board of retirement and the board of supervisors, or for the purchase
of United States Savings Bonds, or for the payment of personal
income taxes to the government of the United States or of the State
of California, and each month shall draw his or her order in favor of
the insurer, institution, credit union, or government named in the
written authorization for an amount equal to the deductions so
authorized and made during the month. The board may charge a
reasonable fee for the making of the deductions and payments.
31452.6. (a) The board shall comply with and give effect to a
revocable written authorization signed by a retired member or
beneficiary of a retired member entitled to a retirement allowance or
benefit under this chapter, authorizing the treasurer or other
entity authorized by the board to deliver the monthly warrant, check,
or electronic fund transfer, for the retirement allowance or benefit
to any specified bank, savings and loan institution, or credit union
to be credited to the account of the retired member or survivor of a
deceased retired member. That delivery is full discharge of the
liability of the board to pay a monthly retirement allowance or
benefit to the retired member or survivor of a deceased retired
member.
(b) Any payments directly deposited by electronic fund transfer
following the date of death of a person who was entitled to receive a
retirement allowance or benefit under this chapter shall be refunded
to the retirement system.
(c) In order to obtain information from a financial institution
following the death of a retired member or the beneficiary of a
retired member, as provided in subdivision (o) of Section 7480, the
board may certify in writing to the financial institution that the
retired member or the beneficiary of a retired member has died and
that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement
system occurred after the date of death of the retired member or the
beneficiary of a retired member.
31452.65. Upon receipt of proof, satisfactory to the board, that a
warrant or check drawn in payment of a retirement allowance or in
payment of any other account due from the retirement system has been
lost or destroyed, the treasurer or other entity authorized by the
board upon request of the board of retirement shall as provided by
Section 31590 issue a duplicate warrant or check bearing the same
date as the original in payment of the same amount, without requiring
a bond from the payee, and the treasurer or other entity authorized
by the board shall pay the duplicate in lieu of the original warrant
or check and any losses incurred by reason of the issuance of
duplicate warrants or checks shall be a charge against the account
from which the payment is derived.
This section shall not be operative in any county until the time
as the board of supervisors shall, by resolution, make this section
applicable in the county.
31452.7. (a) Upon the death of any member after retirement, any
retirement allowance earned but not yet paid to the member shall,
notwithstanding any other provision of law, be paid to the member's
designated beneficiary.
(b) Upon the death of any person receiving a survivor's allowance
under this chapter, any allowance earned but not yet paid to the
survivor shall, notwithstanding any other provision of law, be paid
to the survivor's designated beneficiary.
31453. (a) An actuarial valuation shall be made within one year
after the date on which any system established under this chapter
becomes effective, and thereafter at intervals not to exceed three
years. The valuation shall be conducted under the supervision of an
actuary and shall cover the mortality, service, and compensation
experience of the members and beneficiaries, and shall evaluate the
assets and liabilities of the retirement fund. Upon the basis of the
investigation, valuation, and recommendation of the actuary, the
board shall, at least 45 days prior to the beginning of the
succeeding fiscal year, recommend to the board of supervisors the
changes in the rates of interest, in the rates of contributions of
members, and in county and district appropriations as are necessary.
With respect to the rates of interest to be credited to members and
to the county or district, the board may, in its sound discretion,
recommend a rate that is higher or lower than the interest assumption
rate established by the actuarial survey. No adjustment shall be
included in the new rates for time prior to the effective date of the
revision.
(b) (1) Upon the basis of the investigation, valuation, and
recommendation of the actuary, the board shall, at least 45 days
prior to the beginning of the succeeding fiscal year, recommend to
the governing body of a district within the county system that is not
governed by the board of supervisors the changes in the rates of
contributions of district members and in district appropriations as
are necessary.
(2) This subdivision shall not be operative in any county until
the board of supervisors, by resolution adopted by majority vote,
makes the provision applicable in that county.
31453.5. Notwithstanding Section 31587, and in accordance with
Section 31453 or 31510.1, the board may determine county or district
contributions on the basis of a normal contribution rate which shall
be computed as a level percentage of compensation which, when applied
to the future compensation of the average new member entering the
system, together with the required member contributions, will be
sufficient to provide for the payment of all prospective benefits of
such member. The portion of liability not provided by the normal
contribution rate shall be amortized over a period not to exceed 30
years.
31453.6. Notwithstanding any other provision of this chapter, the
board of retirement may, at the request of the board of supervisors,
adopt a funding period of 30 years to amortize unfunded accrued
actuarial obligations, as determined by their actuary or by an
actuary employed by the board of investments, for benefits applicable
to all membership categories for the purpose of determining employer
contribution rates for counties and districts. The board of
retirement shall approve a new amortization period based upon a
request from the board of supervisors that demonstrates a financial
necessity. The board of retirement may deny a request when the
request would subject the fund to an unsound financial risk.
A board of retirement may take an action pursuant to this section
only once.
31454. (a) The board of supervisors shall, not later than 90 days
after the beginning of the immediately succeeding fiscal year, adjust
the rates of interest, the rates of contributions of members, and
county and district appropriations in accordance with the
recommendations of the board, but shall not fix them in amounts that
reduce the individual benefits provided in this chapter.
(b) (1) The governing body of a district within the county system
that is not governed by the board of supervisors shall, not later
than 90 days after the beginning of the immediately succeeding fiscal
year, adjust the rates of contributions of district members and in
district appropriations in accordance with the recommendations of the
board, but shall not fix them in amounts that reduce the individual
benefits provided in this chapter.
(2) This subdivision shall not be operative in any county until
the board of supervisors, by resolution adopted by majority vote,
makes the provision applicable in that county.
31454.1. (a) The independent assumptions and calculations of an
actuary contained in the actuarial valuation required by Section
31453 shall not be subject to the "meet and confer" provisions of the
Meyers-Milias-Brown Act; however, it is recognized that those
provisions require that the board or the board of supervisors meet
and confer with representatives of recognized employee organizations
prior to determining a course of action with respect to the
recommendations contained in the actuarial valuation.
(b) (1) The independent assumptions and calculations of an actuary
contained in the actuarial valuation required by Section 31453 shall
not be subject to the "meet and confer" provisions of the
Meyers-Milias-Brown Act; however, it is recognized that those
provisions require that the governing body of a district within the
county system that is not governed by the board of supervisors meet
and confer with representatives of recognized employee organizations
prior to determining a course of action with respect to the
recommendations contained in the actuarial valuation.
(2) This subdivision shall not be operative in any county until
the board of supervisors, by resolution adopted by majority vote,
makes the provision applicable in that county.
(c) The intent of the Legislature, in enacting this section, is to
insure the solvency and actuarial soundness of the retirement
systems governed by this chapter by preserving the independent nature
of the actuarial evaluation process.
31454.5. In any county subject to the provisions of Section
31676.1, 31676.11, 31676.12, or 31695.1 the board of supervisors may,
by vote entered in the minutes of the board, make an additional
appropriation sufficient to fund over a period of 30 years any
deficit which may result to the system because of the adoption of
Section 31676.1, 31676.11, 31676.12, or 31695.1 or by the adoption of
Articles 6.8, 7.5 and 8.7. The board of supervisors may make such
additional appropriation whether recommended by the board or not.
31454.6. Whenever, in any county subject to the provisions of
Section 31676.1 the board of supervisors makes any additional
appropriations pursuant to Section 31454.5, the governing body of
every district, including the board of supervisors where it is the
governing body, also shall make an additional appropriation in the
amount to which it has agreed, otherwise in the same proportion as
the total pay roll deductions from the salaries of all members
employed by such district for the latest pay roll period bear to the
total pay roll deductions from the salaries of all members employed
by the county for the same pay roll period.
31455. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.
31455.5. (a) It is unlawful for a person to do any of the
following:
(1) Make, or cause to be made, any knowingly false material
statement or material representation, to knowingly fail to disclose a
material fact, or to otherwise provide false information with the
intent to use it, or allow it to be used, to obtain, receive,
continue, increase, deny, or reduce any benefit accrued or accruing
to a person under this chapter.
(2) Present, or cause to be presented, any knowingly false
material statement or material representation for the purpose of
supporting or opposing an application for any benefit accrued or
accruing to a person under this chapter.
(3) Knowingly accept or obtain payment from a retirement system
with knowledge that the recipient is not entitled to the payment
under the provisions of this chapter and with the intent to retain
the payment for personal use or benefit.
(4) Knowingly aid, abet, solicit, or conspire with any person to
do an act prohibited by this section.
(b) For purposes of this section, "statement" includes, but is not
limited to, any oral or written application for benefits, report of
family relationship, report of injury or physical or mental
limitation, hospital records, test results, physician reports, or
other medical records, employment records, duty statements, reports
of compensation, or any other evidence material to the determination
of a person's initial or continued eligibility for a benefit or the
amount of a benefit accrued or accruing to a person under this
chapter.
(c) A person who violates any provision of this section is
punishable by imprisonment in a county jail not to exceed one year,
or by a fine of not more than five thousand dollars ($5,000), or by
both that imprisonment and fine.
(d) A person violating any provision of this section may be
required by the court in a criminal action to make restitution to the
retirement system, or to any other person determined by the court,
for the amount of the benefit unlawfully obtained, unless the court
finds that restitution, or a portion of it, is not in the interests
of justice. Any restitution order imposed pursuant to this section
shall be satisfied before any criminal fine imposed under this
section may be collected.
(e) The provisions provided by this section are cumulative and
shall not be construed as restricting the application of any other
law.
31456. "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of the mortality tables adopted by the board
of supervisors and regular interest thereon.
31457. "Annuity" means payment for life derived from contributions
made by a member.
31458. "Beneficiary" means any person in receipt of a pension,
annuity, retirement allowance, death benefit, or any other benefit.
31458.2. If, after December 31, 1957, and either before or after
retirement a member dies leaving a spouse and has not designated a
beneficiary, and, prior to the payment of any portion of the death
benefit, such spouse files with the board written evidence,
satisfactory to the board, that she or he is the surviving spouse and
the date of the marriage, such surviving spouse shall be deemed, for
the purposes of this chapter, to have been nominated as the
beneficiary by such member.
31458.3. (a) A member's ex-spouse who is receiving or is entitled
to receive payments from the system, including a portion of the
surviving spouse's allowance, pursuant to an order of the court
dividing the community property interest in the member's retirement
allowance may designate one or more beneficiaries who shall receive
those payments following the death of the ex-spouse. If there is no
designated beneficiary, payment shall be made to the estate of the
ex-spouse. Those payments shall terminate upon the death of the
member or the surviving spouse.
(b) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31458.4. (a) A member's ex-spouse who is receiving or is entitled
to receive payments from the system, including a portion of the
surviving spouse's allowance, pursuant to an order of the court
dividing the community property interest in the member's retirement
allowance may designate one or more beneficiaries who shall receive
those payments following the death of the ex-spouse. If there is no
designated beneficiary, payment shall be made to the estate of the
ex-spouse. Those payments shall terminate upon the death of the
member or the surviving spouse.
(b) This section shall not be operative in any county until the
board of supervisors, by resolution, makes this section applicable in
the county.
31459. (a) In a county in which a board of investments has been
established pursuant to Section 31520.2:
(1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5,
31472, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9,
31596, 31596.1, 31601.1, 31607, 31611, 31616, 31625, 31784, and
31872, "board" means a board of investments.
(2) As used in the first paragraph of Section 31592.2, "board"
means a board of investments.
(3) Sections 31510.4, 31522, 31523, 31524, 31525, 31528, 31529,
31529.5, 31595, 31618, 31680, and 31680.1 apply to both the board of
retirement and board of investments, and "board" means both "board of
retirement" and "board of investments."
(b) In Article 17 (commencing with Section 31880), "board" means
the Board of Administration of the Public Employees' Retirement
System.
(c) In all other cases, "board" means the board of retirement.
31459.1. (a) In a county in which a board of investments has been
established pursuant to Section 31520.2:
(1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5,
31472, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9,
31596, 31596.1, 31601.1, 31607, 31610, 31611, 31612, 31613, 31616,
31618, 31621.11, 31625, 31639.26, 31784, and 31872, "board" means
board of investments.
(2) As used in the first paragraph of Section 31592.2 and the
first paragraph and subdivision (c) of the second paragraph of
Section 31595, "board" means a board of investments.
(3) Sections 31521, 31522, 31522.1, 31522.2, 31523, 31524, 31525,
31528, 31529, 31529.5, 31580.2, 31614, 31680, and 31680.1, apply to
both the board of retirement and board of investments, and "board"
means either or both the board of retirement and board of
investments.
(4) Subdivision (a) of Section 31526 and subdivisions (a) and (b)
of the second paragraph of Section 31595 apply to both the board of
retirement and board of investments, and "board" means either or both
the board of retirement and board of investments.
(b) In Article 17 (commencing with Section 31880) of this chapter,
"board" means the Board of Administration of the Public Employees'
Retirement System.
(c) In all other cases, "board" means the board of retirement.
(d) This section shall apply only in a county of the first class,
as defined in Section 28020, as amended by Chapter 1204 of the
Statutes of 1971, and Section 28022, as amended by Chapter 43 of the
Statutes of 1961.
31460. "Compensation" means the remuneration paid in cash out of
county or district funds, plus any amount deducted from a member's
wages for participation in a deferred compensation plan established
pursuant to Chapter 8 (commencing with Section 18310) of Part 1 of
Division 5 of Title 2 or pursuant to Article 1.1 (commencing with
Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, but
does not include the monetary value of board, lodging, fuel, laundry,
or other advantages furnished to a member.
31461. "Compensation earnable" by a member means the average
compensation as determined by the board, for the period under
consideration upon the basis of the average number of days ordinarily
worked by persons in the same grade or class of positions during the
period, and at the same rate of pay. The computation for any absence
shall be based on the compensation of the position held by the
member at the beginning of the absence. Compensation, as defined in
Section 31460, that has been deferred shall be deemed "compensation
earnable" when earned, rather than when paid.
31461.1. (a) This section applies only to a county of the first
class, as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971, and Section 28022, as amended by Chapter 43 of the
Statutes of 1961.
(b) Notwithstanding Sections 31460 and 31461, neither
"compensation" nor "compensation earnable" shall include any of the
following: cafeteria or flexible benefit plan contributions,
transportation allowances, car allowances, or security allowances, as
enumerated in a resolution adopted pursuant to subdivision (c).
(c) Except as provided in subdivision (d), this section shall not
be operative until the board of supervisors, by resolution adopted by
a majority vote, makes this section operative with respect to any
employee who becomes a member after the effective date of the
resolution.
(d) Regardless of whether it has acted pursuant to subdivision
(c), at any time the board of supervisors, by separate resolution
adopted by a majority vote, may make this section operative with
respect to any member not represented by a certified employee
organization who makes an irrevocable election to become subject to
this section.
(e) Nothing in this section shall be construed to affect any
determination made by the board of retirement, pursuant to Section
31461, prior to the effective date of this section.
(f) Nothing in this section shall be construed to affect the
validity of any memorandum of understanding or similar agreement that
has been executed prior to the effective date of this section.
31461.2. "Compensation earnable" by a public administrator, coroner
or coroner-public administrator member compensated by means of fees
means the average compensation as determined by the board, for the
period under consideration, upon the basis of the average amount of
fees received each month by such member.
31461.3. (a) The average compensation during any period of service
as a member of the Public Employees' Retirement System, a member of a
retirement system established under this chapter in another county,
a member of the State Teachers' Retirement System, or a member of a
retirement system of any other public agency of the state that has
established reciprocity with the Public Employees' Retirement System
subject to the conditions of Section 31840.2 shall be considered
compensation earnable by a member for purposes of computing final
compensation for that member provided:
(1) The period intervening between active memberships in the
respective systems does not exceed 90 days, or six months if Section
31840.4 applies.
(2) He or she retires concurrently under both systems and is
credited with that period of service under the other system at the
time of retirement.
(b) This section shall be applied retroactively under this chapter
in favor of any member whose membership in the Public Employees'
Retirement System or in a retirement system established under this
chapter in any county terminated prior to October 1, 1957, provided
that he or she was eligible to and elected deferred retirement
therein within 90 days after eligibility for reciprocity, the period
intervening between active memberships in the respective systems did
not exceed 90 days, or six months if Section 31840.4 applies, and he
or she retires concurrently under both systems and is credited with
that period of service under the other system at the time of
retirement. The limitation of the 90-day or six-month period between
the active membership in the two retirement systems shall not apply
to an employee who entered the employment in which he or she became a
member of the State Employees' Retirement System prior to July 18,
1961; provided he or she entered that employment within 90 days, or
six months if Section 31840.4 applies , after the termination of
employment in the county system, whether that employment is with the
state or with a county, a city, or other public agency that contracts
with the Public Employees' Retirement System, the State Teachers'
Retirement System, or a retirement system of any other public agency
of the state that has established reciprocity with the Public
Employees' Retirement System subject to the conditions of Section
31840.2.
31461.4. (a) This section applies only to a county of the first
class, as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971, and Section 28022, as amended by Chapter 43 of the
Statutes of 1961.
(b) Notwithstanding Sections 31460 and 31461, neither
"compensation" nor "compensation earnable" shall include any
increase, made on or after January 1, 1996, in cafeteria or flexible
benefit plan contributions for any member represented by a certified
employee organization, nor shall they include any increase in
cafeteria or flexible benefit plan contributions made on or after
January 1, 1995, for any member not represented by a certified
employee organization, provided that the nonrepresented member waives
the applicability of Sections 31460 and 31461 in writing prior to
receiving any cash payment based on the increase.
(c) This section shall not be operative in the county until the
time as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions of this section applicable in the
county.
31461.45. (a) This section applies only to a county of the first
class, as defined by Section 28020.
(b) "Compensation earnable" in a county of the first class shall
include only those items of remuneration specifically included as a
result of the court-approved settlement in (1) the consolidated cases
of Los Angeles County Professional Peace Officers' Association, et
al. v. Board of Retirement, Los Angeles County Employees' Retirement
Association (Los Angeles County Superior Court, Case No. BS 051355)
and Milton Cohen v. Board of Retirement, Los Angeles County Employees'
Retirement Association (Los Angeles County Superior Court, Case No.
BS 051774), (2) the case of Los Angeles County Fire Department
Association of Chiefs, et al. v. Board of Retirement, Los Angeles
County Employees' Retirement Association, County of Los Angeles (Los
Angeles County Superior Court, Case No. BS 057432), and (3) the case
of Cecil Bugh v. Board of Retirement, Los Angeles County Employees'
Retirement System (Los Angeles County Superior Court, Case No. BS
055611), all of which were included in Coordination Proceeding
Special Title (Rule 1550(b)), Retirement Cases, Judicial Council
Coordination Proceeding No. 4049, even if a final judicial
determination in that coordinated case, or any subsequent case,
should conclude that any additional item of remuneration must be
included in that definition with respect to any other county. Those
items of remuneration in addition to base salary and the pensionable
portion, if any, of cafeteria plan contributions, are set forth in
Resolution No. 01-001, adopted by the board of retirement on or
before the effective date of this section and shall include only the
following:
Earnings
Code No. Title
099 Patrol Station Retention Bonus
358 Temporary Promotion Bonus
359 Lifeguard Paramedic, Catalina
503 Uniform Allowance
504 Night Shift Differential
505 Coroner's Inquest Reporter
507 Cogeneration or Hydroelectric Ops
and Mtce
508 Henninger Flats Watchman
509 Freezer Work
510 Department Head Merit
511 Board of Supervisors Performance
Lump Sum
512 Fire Suppression Transportation
Truck Driver
514 Backhoe Operator
516 Explosives Work
517 Evening Shift Differential
518 Power Equipment Repair, Snow
Conditions
519 Engineering Employees, Hazard Pay
520 Home Care Compensation
522 Custodian Acting as Watchman
523 DPD Deputy Director Recruitment
Incentive
Contracting and Productivity
525 Improvement Incentive for
Managers
528 WEBCOM Press Operator
529 Power Equipment Operator, Fire
Suppression
530 RN Extra Weekends Worked
531 Standby
532 Additional Responsibilities or
Exceptional Performance
533 Power Sweeper Operator in
Emergency Conditions
534 Power Plant Relief Engineer
535 Clinic Physician, First Hour and
One-Half
Consulting Specialist, MD, &
536 Mental Health Consultant,
MD, First and Fifth Hours
538 RN Assigned as Acting or Relief
Charge Nurse
539 RN Weekend Differential
540 Relief Nurse Holiday Differential
(Hourly Item)
541 Relief Nurse Weekend Differential
(Hourly Item)
544 Appraisers Laundry and Dry
Cleaning Allowance
545 Heavy Duty Tow Truck Driver
546 Slurry Seal Truck Driver
547 Lifeguard Paramedic-Shift
548 Lifeguard Paramedic-Hourly
Incentive Awards for Medi-Cal
550 Reimbursements, Health
Services
551 Group Incentive Award, Treasurer
Tax Collector
Pioneer Excavation, Tunnel
Operations, Fire Suppression and
553 Snow Removal--Construction
Inspection and Surveying
Groups
Pioneer Excavation, Tunnel
554 Operations, Fire Suppression and
Snow Removal
555 Scaffold or Swing Stage, 30 Feet
Above Grade
556 High Scale and Rigging Operations,
General
557 Evening Shift, Med Tech
558 Night Shift, Med Tech
565 Paramedic Recertification Bonus
567 Deputy Sheriff Reserve Annual
Compensation
570 Home Care Program Standby
571 CSW Licensure Supervision
572 MOU Lump Sum Bonus
601 Lifeguard Paramedic, Relief
Supervising Transportation Deputy
602 Performing Dispatcher
Duties
603 Automotive Service Excellence
Certificates
604 RN Mobile Intensive Care
Certification
605 Custodian Floor Waxing Bonus
606 Fire Equipment Mechanic Assigned
Field Repair Duties
607 SDPO Assigned Acting Director In A
Camp
608 Bilingual Bonus
609 RN Assigned to Emergency Room
610 Antelope Valley Firefighting Crew
611 Tree Trimmer Supervisor, Power
Operations
612 Shooting Bonus, Expert
613 Shooting Bonus, Distinguished
Expert
614 Shooting Bonus, Marksman
615 Shooting Bonus, Sharpshooter
616 Antelope Valley Quarters, On Fire
Call
617 Clinic Nurse Assigned to Probation
Camp
618 Transportation Bus Driver, Sheriff
619 Lifeguard Paramedic
620 San Gabriel Dam Operator
621 Nurse Retention Incentive
622 Advanced Appraiser Certification
623 Probation Transcriber Typist
Production Incentive
624 Bilingual Additional Bonus
Children's Social Workers
625 Agriculture Inspectors Assigned to
Standardization
626 Firefighter Paramedic not Assigned
to a Paramedic Post
628 Bilingual Bonus for Other Than
Monthly Employees
629 Mortuary Attendant at LAC/USC MC
630 Safety Police
Educational/Longevity Incentive
Mental Health Workers Assigned to
632 Sheriff's Detention
Facilities
634 Supervising Detention Services
Officer of the Day
635 Transportation Deputy Bus Driver,
Probation
636 Sheriff's Station Commander
Expenses
637 Professional Development Expenses
638 Probation Telecom Equipment Bonus
639 Intern Housing Allowance LAC/USC
Med. Center
640 Children's Services ERCP Retention
641 Shooting Bonus, Expert-Reserve
642 Shooting Bonus, Distinguished
Expert-Reserve
643 Shooting Bonus, Marksman-Reserve
644 Shooting Bonus, Sharpshooter-
Reserve
645 Welder Certification Bonus
FLSA Premium Pay for Regularly
782 Scheduled Work
Assignment
903 Non-Elective Leave Buyback
910 Sick Buyback
911 Vacation Buyback
912 Holiday Buyback
913 Sick Pre-71 Buyback
914 Sick Buyback-Probation 56 Hour
915 Vacation Buyback-56 Hour
930 Special Paid Leave Buyback
931 Appraisers Leave Buyback
932 Intern/Resident Leave Buyback
None Emp Suggest
None Park, Nontaxable
None Park, Taxable
None Prior Salary
None Transportation Allowance
None Traffic Mitigation
Any additional item of remuneration may subsequently be included
in "compensation earnable" pursuant to a memorandum of understanding
between a county of the first class and any of its recognized
employee organizations or a resolution adopted by its board of
supervisors.
(c) No item of remuneration included in "compensation earnable" as
a result of the court-approved settlement and as set forth in the
resolution described above in subdivision (b) may be removed
therefrom as a result of any subsequent judicial determination,
except that a county of the first class and a recognized employee
organization may agree only through a memorandum of understanding to
exclude the item of remuneration from "compensation earnable" or the
board of supervisors may adopt a resolution excluding the item of
remuneration from "compensation earnable" with respect to
nonrepresented employees.
(d) This section shall not be operative in the county until the
board of supervisors, by resolution adopted by a majority vote, makes
the provisions of this section applicable in the county.
31461.5. Notwithstanding any other provision of law, salary bonuses
or any other compensation incentive payments for regular duties or
for additional services outside regular duties received under the
program known on April 1, 1997, as the Executive and Unclassified
Management Operational Incentive Plan or any successor program that
is substantially similar by any members who are in positions
identified as executive or unclassified management shall be excluded
from all retirement benefit calculations.
31461.6. "Compensation earnable" shall not include overtime premium
pay other than premium pay for hours worked within the normally
scheduled or regular working hours that are in excess of the
statutory maximum workweek or work period applicable to the employee
under Section 201 and following of Title 29 of the United States
Code.
31462. "Final compensation" means the average annual compensation
earnable by a member during any three years elected by a 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. If a member has less than three years of service, his
final compensation shall be determined by dividing his total
compensation by the number of months of service credited to him and
multiplying by 12.
31462.1. "Final compensation" means the average annual compensation
earnable by a member during any year elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the year immediately preceding his retirement.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions of this section applicable in such
county.
31462.11. In any county subject to the provisions of Section
31462.1, every retirement allowance, optional death allowances, or
annual death allowance, payable to or on account of any member,
granted prior to the effective date of Section 31462.1 in such
county, shall be recalculated as though Section 31462.1 had been in
force in such county on the effective date of such allowance.
Any increased allowances resulting from such recalculation shall
be payable only prospectively on and after the operative date of this
section in that county.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions of this section applicable in such
county.
31462.2. "Final compensation" for members whose service is on a
tenure which is temporary, seasonal, intermittent, or for part time
only means one-third of the total compensation earned for that period
of time during which the member rendered the equivalent of three
years of full-time service.
The member may elect at or before the time he files an application
for retirement the period of time during which he has earned three
full years of credit upon which final compensation shall be
calculated. If he does not so elect, such period of time immediately
preceding his retirement shall be used.
31462.3. (a) For members participating in the designated plans who
are employed by the County of Los Angeles on or after October 1,
2000, and who retire or die on or after July 1, 2001, "final
compensation" means the average annual compensation earnable by a
member during any year elected by the member at or before the time he
or she files an application for retirement or, if the member fails
to elect, during the year immediately preceding his or her
retirement.
(b) As used in this section, the "designated plans" means the
retirement plans sponsored by the County of Los Angeles that are
commonly known as Retirement Plans B, C, and D for general members
and Retirement Plan B for safety members.
(c) This section shall only be applicable to Los Angeles County
and shall not become operative until the board of supervisors of that
county elects, by resolution adopted by a majority vote, to make
this section operative.
31463. "Normal contributions" means contributions by a member at
the normal rates of contributions, but does not include additional
contributions by a member.
31464. "Accumulated normal contributions" means the sum of all
normal contributions standing to the credit of a member's individual
account and regular interest thereon.
31465. "Additional contributions" means contributions made by
members in addition to normal contributions under Sections 31504 and
31627.
31466. "Accumulated additional contributions" means the sum of all
additional contributions standing to the credit of a member's
individual account and regular interest thereon.
31467. "Accumulated contributions" means accumulated normal
contributions plus any accumulated additional contributions standing
to the credit of a member's account.
31468. (a) "District" means a district, formed under the laws of
the state, located wholly or partially within the county other than a
school district.
(b) "District" also includes any institution operated by two or
more counties, in one of which there has been adopted an ordinance
placing this chapter in operation.
(c) "District" also includes any organization or association
authorized by Chapter 26 of the Statutes of 1935, as amended by
Chapter 30 of the Statutes of 1941, or by Section 50024, which
organization or association is maintained and supported entirely from
funds derived from counties, and the board of any retirement system
is authorized to receive the officers and employees of that
organization or association into the retirement system managed by the
board.
(d) "District" also includes, but is not limited to, any sanitary
district formed under Part 1 (commencing with Section 6400) of
Division 6 of the Health and Safety Code.
(e) "District" also includes any city, public authority, public
agency, and any other political subdivision or public corporation
formed or created under the constitution or laws of this state and
located or having jurisdiction wholly or partially within the county.
(f) "District" also includes any nonprofit corporation or
association conducting an agricultural fair for the county pursuant
to a contract between the corporation or association and the board of
supervisors under the authority of Section 25905.
(g) "District" also includes the Regents of the University of
California, but with respect only to employees who were employees of
a county in a county hospital, who became university employees
pursuant to an agreement for transfer to the regents of a county
hospital or of the obligation to provide professional medical
services at a county hospital, and who under that agreement had the
right and did elect to continue membership in the county's retirement
system established under this chapter.
(h) "District" also includes the South Coast Air Quality
Management District, a new public agency created on February 1, 1977,
pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code.
(1) Employees of the South Coast Air Quality Management District
shall be deemed to be employees of a new public agency occupying new
positions on February 1, 1977. On that date, those new positions are
deemed not to have been covered by any retirement system.
(2) No retirement system coverage may be effected for an employee
of the South Coast Air Quality Management District who commenced
employment with the district during the period commencing on February
1, 1977, and ending on December 31, 1978, unless and until the
employee shall have elected whether to become a member of the
retirement association established in accordance with this chapter
for employees of Los Angeles County or the retirement association
established in accordance with this chapter for employees of San
Bernardino County. The election shall occur before January 1, 1980.
Any employee who fails to make the election provided for herein shall
be deemed to have elected to become a member of the retirement
association established in accordance with this chapter for the
County of Los Angeles.
(3) The South Coast Air Quality Management District shall make
application to the retirement associations established in accordance
with this chapter for employees of Los Angeles County and San
Bernardino County for coverage of employees of the South Coast Air
Quality Management District.
(4) An employee of the South Coast Air Quality Management District
who commenced employment with the district during the period
commencing on February 1, 1977, and ending on December 31, 1978, and
who has not terminated employment before January 1, 1980, shall be
covered by the retirement association elected by the employee
pursuant to paragraph (2). That coverage shall be effected no later
than the first day of the first month following the date of the
election provided for in paragraph (2).
(5) Each electing employee shall receive credit for all service
with the South Coast Air Quality Management District. However, the
elected retirement association may require, as a prerequisite to
granting that credit, the payment of an appropriate sum of money or
the transfer of funds from another retirement association in an
amount determined by an enrolled actuary and approved by the elected
retirement association's board. The amount to be paid shall include
all administrative and actuarial costs of making that determination.
The amount to be paid shall be shared by the South Coast Air Quality
Management District and the employee. The share to be paid by the
employee shall be determined by good faith bargaining between the
district and the recognized employee organization, but in no event
shall the employee be required to contribute more than 25 percent of
the total amount required to be paid. The elected retirement
association's board may not grant that credit for that prior service
unless the request for that credit is made to, and the required
payment deposited with, the elected retirement association's board no
earlier than January 1, 1980, and no later than June 30, 1980. The
foregoing shall have no effect on any employee's rights to reciprocal
benefits under Article 15 (commencing with Section 31830).
(6) An employee of the South Coast Air Quality Management District
who commenced employment with the district after December 31, 1978,
shall be covered by the retirement association established in
accordance with this chapter for employees of San Bernardino County.
That coverage shall be effected as of the first day of the first
month following the employee's commencement date.
(7) Notwithstanding paragraphs (2) and (4) above, employees of the
South Coast Air Quality Management District who were employed
between February 1, 1977, and December 31, 1978, and who terminate
their employment between February 1, 1977, and January 1, 1980, shall
be deemed to be members of the retirement association established in
accordance with this chapter for the employees of Los Angeles County
commencing on the date of their employment with the South Coast Air
Quality Management District.
(i) "District" also includes any nonprofit corporation that
operates one or more museums within a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, pursuant to a
contract between the corporation and the board of supervisors of the
county, and that has entered into an agreement with the board and the
county setting forth the terms and conditions of the corporation's
inclusion in the county's retirement system.
(j) "District" also includes any economic development association
funded in whole or in part by a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, and that has entered
into an agreement with the board of supervisors and the county
setting forth the terms and conditions of the association's inclusion
in the county's retirement system.
(k) "District" also includes any special commission established in
the Counties of Tulare and San Joaquin as described by Section
14087.31 of the Welfare and Institutions Code, pursuant to a contract
between the special commission and the county setting forth the
terms and conditions of the special commission's inclusion in the
county's retirement system with the approval of the board of
supervisors and the board of retirement.
(l) (1) "District" also includes the retirement system established
under this chapter in Orange County.
(2) "District" also includes the retirement system established
under this chapter in San Bernardino County at such time as the board
of retirement, by resolution, makes this section applicable in that
county.
31469. (a) "Employee" means any officer or other person employed by
a county whose compensation is fixed by the board of supervisors or
by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attache of any superior
court that has been brought within the operation of this chapter.
(c) "Employee" includes any officer or other person employed by a
district as defined in subdivision (c) of Section 31468 and whose
compensation is paid from funds of the district.
(d) "Employee" includes any member paid from the county school
service fund who elected pursuant to Section 1313 of the Education
Code to remain a member of this system.
(e) "Employee" includes any person permanently employed by a local
agency formation commission including the executive officer thereof.
31469.1. (a) "County peace officer" means the sheriff and any
officer or employee of the sheriff's office of a county employed and
qualifying as a constable or deputy constable or marshal or deputy
marshal or deputy sheriff or equal or higher rank, irrespective of
the duties to which that person may be assigned, excepting, however,
those employees whose principal duties are those of a telephone
operator, clerk, stenographer, machinist or mechanic.
(b) Any other provision in the Government Code to the contrary
notwithstanding, "county peace officer" shall also include and mean
any inspectors, detectives and investigators employed by the district
attorney, whose principal duties are to investigate crime and
criminal cases and to receive regular compensation for that service.
(c) "County peace officer" does not include a local prosecutor,
local public defender, or local public defender investigator, as
defined in Section 31469.2.
31469.2. (a) For purposes of this chapter, "local prosecutor" means
any one of the following:
(1) A county officer or employee who meets all of the following
criteria:
(A) He or she is or, on or after January 1, 2002, was employed in
the office of the district attorney.
(B) His or her job classification is or, on or after January 1,
2002, was district attorney, deputy district attorney, chief deputy
district attorney, senior deputy district attorney, assistant
district attorney, chief assistant district attorney, senior
assistant district attorney, or any other similar classification or
title.
(C) His or her effective date of retirement is on or after the
date Section 31470.14 becomes applicable in the county.
(2) A county officer or employee who meets all of the following
criteria:
(A) He or she was employed in the office of a district attorney
prior to the date the local child support agency transitioned from
the district attorney to a new county department, as specified in
Section 17304 of the Family Code.
(B) His or her job classification was district attorney, deputy
district attorney, chief deputy district attorney, senior deputy
district attorney, assistant district attorney, chief assistant
district attorney, senior assistant district attorney, or any other
similar classification or title.
(C) He or she is or, on or after January 1, 2002, was an attorney
in a local child support agency, as defined in subdivision (h) of
Section 17000 of the Family Code, with no break in service between
employment by a district attorney and the local child support agency.
(D) His or her effective date of retirement is on or after the
date Section 31470.14 becomes applicable in the county.
(3) A city officer or employee who meets all of the following
criteria:
(A) He or she is or, on or after January 1, 2002, was employed in
the office of the city attorney.
(B) He or she is or, on or after January 1, 2002, was primarily
engaged in the active enforcement of criminal laws within any court
operating in a county.
(C) His or her job classification is or, on or after January 1,
2002, was city attorney, deputy city attorney, chief deputy city
attorney, assistant city attorney, chief assistant city attorney, or
any other similar classification or title.
(D) His or her effective date or retirement is on or after the
date Section 31470.14 becomes applicable in the county.
(b) For purposes of this chapter, "local public defender" means a
city or county officer or employee who meets all of the following
criteria:
(1) He or she is or, on or after January 1, 2002, was employed in
the office of the public defender, the alternate public defender, or
any similar office title.
(2) His or her job classification is or, on January 1, 2002, was
public defender, deputy public defender, chief deputy public
defender, senior deputy public defender, assistant public defender,
chief assistant public defender, senior assistant public defender, or
any other similar classification or title.
(3) His or her effective date of retirement is on or after the
date Section 31470.14 becomes applicable in the county.
(c) For purposes of this chapter, "local public defender
investigator" means a city or county officer or employee who meets
all of the following criteria:
(1) He or she is or, on or after January 1, 2002, was employed in
the office of the public defender, the alternate public defender, or
any other similar office title.
(2) His or her job classification is or, on or after January 1,
2002, was inspector, investigator, detective, or any other similar
classification or title.
(3) His or her principal duties are or, on or after January 1,
2002, were to investigate crime and criminal statutes.
(4) His or her effective date of retirement is on or after the
date Section 31470.14 becomes applicable in the county.
31469.3. "Safety member" means any person who is any of the
following:
(a) A member of a pension system established pursuant to either
Chapter 4 or Chapter 5, who elects by written notice filed with the
board, to become a safety member.
(b) Any person employed by a county, subject to Section 31676.1 or
31695.1 or by a district or court organized or existing within such
a county, whose principal duties consist of active law enforcement or
active fire suppression as described in Section 31470.2 and 31470.4,
or active lifeguard service as limited by Section 31470.6 or
juvenile hall group counseling and group supervision if adopted by
the board of supervisors as provided in Section 31469.4.
(c) Any person described in Section 31469.2 in any county in which
Section 31470.14 has become operative.
31469.4. "Safety member" means persons employed as probation
officers, juvenile hall or juvenile home group counselors, and group
supervisors who are primarily engaged in the control and custody of
delinquent youths who must be detained under physical security in
order not to be harmful to themselves or others.
The provisions of this section shall not be applicable in any
county until the board of supervisors by resolution make the
provisions applicable.
31469.5. (a) This section shall be applicable in the retirement
system of any county of the 10th class, as defined by Sections 28020
and 28031, as amended by Chapter 1204 of the Statutes of 1971, if the
board of supervisors executes a memorandum of understanding with the
employee representatives and adopts, by majority vote, a resolution
providing for safety status for probation officers, as provided in
Section 31469.4.
(b) The purpose of this section is to provide optional safety
status for probation officers employed on or before March 1, 1991.
Notwithstanding Section 31558.6, that option shall be exercised
within 120 days from the effective date of the implementation of
Section 31469.4, together with the option to receive credit as a
safety member for all or part of the time during which his or her
duties would have made him or her eligible to become a safety member,
if this section had then been in effect.
(c) Except as otherwise provided in this section, the retirement
benefits of existing probation officers who elect to transfer from
general membership in the county retirement system to safety
membership shall be implemented pursuant to Section 31484.5, except
that:
(1) The definition of final compensation in Section 31462.1 shall
no longer apply to probation officers electing safety status;
instead, the definition of final compensation in Section 31462 shall
apply at the date of retirement to all credited safety service
regardless of previous service under Section 31462.1. However, the
board of supervisors may adopt a resolution providing that the
definition of final compensation contained in Section 31462.1 shall
apply to certain probation officers electing safety status who are
specifically identified in the resolution and who are retiring on or
after the date specified in the resolution.
(2) For employees entitled to a cost-of-living adjustment upon
retirement, Article 16.5 (commencing with Section 31870) shall apply,
except that the increase in the allowance shall not exceed a maximum
of 3 percent in any given year credited as safety membership. An
employee who elects safety retirement under Section 31469.4 and who
thereby waives his or her entitlement to a higher cost-of-living
allowance shall be deemed to have waived the higher cost-of-living
allowance with regard to all previous service credited as safety
service at the date of retirement, regardless of previous service
under any other provision, and shall be deemed to have relinquished
any right to the higher cost-of-living allowance without refund of
contributions therefor, except as determined by the board of
supervisors.
(3) An employee who elects safety retirement under Section 31469.4
may elect to receive credit as a safety member for all or part of
the time during which his or her duties would have made him or her
eligible to become a safety member if this section had then been in
effect as provided in Section 31639.7, except that an election to
receive part credit may be exercised only in multiples of five years
of service. A member who elects to receive credit for only a part of
that county service shall elect that county service latest in time
and may not receive credit for any portion of county service prior in
time to any county service for which he or she does not elect to
receive credit.
(4) A member not previously within the safety membership category
who elects to receive credit for all or part of the time during which
the member's duties would have made him or her eligible to become a
safety member if this section had then been in effect shall pay into
the retirement system the amount that would have had to be
contributed by the employer to fund the employer's liability for
safety membership and an amount equal to the difference between the
employee's contributions actually made during the time for which he
or she claims credit and the contributions the member would have made
during that period if he or she had been in safety status during
that period.
(d) All probation officers in Tier III who elect to transfer from
general membership in the county retirement system to safety
membership pursuant to this section shall be placed in Tier II
regardless of their status prior to selecting Tier III benefits.
(e) All persons hired after the effective date of implementation
of Section 31469.4 shall, upon retirement, have his or her
cost-of-living allowance and final compensation computed in
accordance with this section.
31469.6. Law enforcement employees of a harbor improvement district
are safety members subject to Article 6.8 (commencing with Section
31639) and Article 7.5 (commencing with Section 31662) of this
chapter, and to such other provisions of this chapter as apply to
safety members.
31469.8. (a) In a county of the 18th class, as defined by Sections
28020 and 28039, as amended by Chapter 1204 of the Statutes of 1971,
the board of supervisors may meet and confer pursuant to the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1) with a recognized employee organization that
represents county employees who are not safety members because the
board of supervisors has not made Section 31469.4 applicable in the
county, and endeavor to reach agreement on any conditions to be
required of employees or an employee organization seeking to have
Section 31469.4 made applicable. The conditions shall include, but
not be limited to, whether the employees shall be required to pay all
or part of the following:
(1) The increase in the employer's normal cost contributions.
(2) Any increase of the employer's unfunded actuarial accrued
liability in excess of what it would have accrued if the employees
had remained miscellaneous members.
(3) Any increase in the employer's normal cost contributions or
unfunded actuarial liability attributable to employees who have
become safety members electing to purchase credit as a safety member
pursuant to Section 31639.7 for the time served in an eligible
position prior to becoming a safety member.
(b) Any payments made by employees on behalf of the employer to
cover the increased cost of safety retirement shall be as determined
upon actuarial advice from the retirement board's actuaries, and
shall be approved by the board of retirement.
(c) This section shall not be operative in the county until the
date on which the board of supervisors, by resolution adopted by a
majority vote, makes the provisions of this section applicable in the
county.
31470. "Member" means any person included in the membership of the
retirement association pursuant to Article 4, and includes safety
members as defined in Sections 31469.3, 31470.2, 31470.4 and 31470.6,
or any person who has elected in writing to come within the
provisions of Article 9.
31470.1. "Member" includes "county peace officer member" except in
sections where county peace officer members are specifically
excluded. Anything else in this act to the contrary notwithstanding,
where there is a conflict with the special provisions pertaining to
county peace officer members said special provisions shall apply.
31470.2. (a) All sheriffs, undersheriffs, chief deputies sheriff,
jailers, turnkeys, deputies sheriff, bailiffs, constables, deputies
constable, motorcycle officers, aircraft pilots, heads and assistant
heads of all divisions of the office of the sheriff, detectives and
investigators in the office of the district attorney, marshals, court
service officers only in a county of the third class, as defined in
Sections 28020 and 28024, and all regularly appointed deputy marshals
are eligible.
(b) In a county of the eighth class, as defined in Sections 28020
and 28029, both as amended by Chapter 1204 of the Statutes of 1971,
all peace officers in the Park Ranger class series in the Department
of Regional Parks, Recreation, and Open Space are eligible. This
subdivision shall not be operative until such time as the county
board of supervisors shall, by resolution adopted by a majority vote,
make this subdivision applicable in the county.
(c) Local prosecutors, local public defenders, and local public
defender investigators are eligible if the county board of
supervisors adopts a resolution by a majority vote making this
subdivision and Section 31470.14 applicable in the county.
31470.25. (a) All sheriffs, undersheriffs, assistant sheriffs,
chief deputy sheriffs, captains, lieutenants, sergeants, jailers,
turnkeys, deputy sheriffs, bailiffs, constables, deputy constables,
motorcycle officers, aircraft pilots, detectives, and investigators
in the office of the district attorney, and marshals and all
regularly appointed deputy marshals, who are first so employed on or
after the operative date of this section in a county, are eligible.
This section is an alternative to Section 31470.2.
(b) This section shall apply only in a county of the second class,
as defined by Sections 28020 and 28023, as amended by Chapter 1204
of the Statutes of 1971.
(c) This section shall not be operative in a county unless and
until the board of supervisors, by resolution adopted by a majority
vote, makes this section operative in that county.
31470.3. Clerks, bookkeepers, stenographers, court service
officers, except in a county of the third class, as defined in
Sections 28020 and 28024, and other employees who may have been
appointed as deputies sheriff or deputies marshal but who do not
perform the duties of any peace officers enumerated and honorary
deputies sheriff or other persons holding appointments as deputies
sheriff who receive no compensation therefor who do not regularly
perform official duties and those whose principal duties clearly do
not fall within the scope of active law enforcement, even though such
a person is subject to occasional call, or is occasionally called
upon to perform duties within the scope of active law enforcement are
ineligible.
31470.4. All county foresters, county firewardens, deputies or
assistant county foresters, deputies or assistant county firewardens,
firefighters, fire apparatus engineers, fire prevention inspectors,
forest firemen, fire patrolmen, aircraft pilots, and foremen assigned
to fire suppression crews, all other personnel assigned to active
fire suppression in any county forester's or county firewarden's
department and all officers, engineers, and firemen of any county
fire protection district, and all other personnel assigned to active
fire suppression in any county fire protection district are eligible.
31470.5. Bookkeepers, stenographers, cooks, laborers, county fire
protection district fire foremen, call firemen, and firefighters
whose principal duties clearly do not fall within the scope of active
fire suppression, even though the person is subject to occasional
call, or is occasionally called upon, to perform duties within the
scope of active fire suppression, and volunteer employees, honorary
deputy county foresters, honorary deputy county firewardens, and
voluntary firewardens holding appointments as such who receive no
compensation therefor and who do not regularly perform official
duties, are ineligible.
31470.6. (a) A permanent employee of a county having a population
in excess of 500,000 whose principal duties consist of active
protection, rescue, and rendition of aid or assistance to persons
injured or imperiled in water areas at beaches and lakes, streams,
dams, reservoirs, or other bodies of open water (not including
swimming pools) or in small craft or airplanes at sea near the
shoreline and the recovery from water areas of submerged objects and
bodies of persons drowned or believed to have drowned in those areas,
or the immediate supervision thereof, including persons employed to
perform the duties now performed under the titles of director of
beaches, assistant director of beaches, deputy director of beaches,
chief lifeguard, assistant chief lifeguard, captain lifeguards,
lieutenant rescue boat, lieutenant lifeguards, beach lifeguard, but
who performs additional duties, some of which (including the
maintenance of peace and order and the apprehension of law violators)
are customarily performed by police or peace officers, and whose
other duties (such as resuscitation work involving the use of special
equipment in cases having no connection with their principal duties)
which in other areas are customarily performed by firemen, and other
and further duties (such as the rescue of persons from disabled
aircraft and small boats in inshore or inland waters and the removal
of dangerous obstructions from waters) which do not come directly
within any of the aforesaid classifications but are essential to the
safety and security of the public, excluding those whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise clearly do not fall within the
scope of active lifeguarding or lifesaving service, even though a
person is subject to occasional call, or is occasionally called upon,
to perform duties within the scope of active lifeguarding or
lifesaving service, shall be considered and is hereby classified as
an employee whose principal duties consist in "active law
enforcement."
Persons employed to perform the duties of director of beaches,
assistant director of beaches, or deputy director of beaches shall
not be within the classification of "active law enforcement"
employee, unless those persons have previously been included within
that classification, or have performed duties which would have
qualified such person as an "active law enforcement" employee under
this section.
(b) In a county with a population in excess of four million, the
provisions of subdivision (a) shall also apply to persons employed
under the titles and to perform the duties of division chief-public
safety, assistant division chief-public safety, or district
manager-public safety.
31470.7. The election by a member to receive credit for employment
in public service or in county service pursuant to Section 31641.1 or
31641.5 does not make such person a member during any part of such
public service or county service.
31470.8. In cases of doubt as to whether a person is eligible to
become a safety member, the board shall decide.
31470.9. All public administrators, coroners and coroner-public
administrators, whether compensated on a fee or salary basis, are
eligible, except that the membership of such persons is subject to
the approval of the board of supervisors.
31470.10. Notwithstanding Section 31470.2, all welfare fraud
investigators and administrators budgeted within Orange County shall
be eligible, regardless of which county department actually
supervises or funds them, and shall receive those benefits upon a
majority vote of the board of supervisors.
31470.11. Notwithstanding Section 31470.2, all welfare fraud
investigators and administrators in counties of the 16th class, as
described by Sections 28020 and 28037, as amended by Chapter 1204 of
the Statutes of 1971, shall be ineligible for safety membership,
unless and until the board of supervisors shall elect, by resolution
adopted by a majority vote, to make those investigators and
administrators eligible.
31470.12. Child support investigators and administrators in
counties of the 16th class, as described by Section 28020 and 28037,
as amended by Chapter 1204 of the Statutes of 1971, are eligible.
This section shall not be operative in any county until such time
as the board of supervisors shall elect, by resolution adopted by a
majority vote, to make this section applicable in the county.
31470.13. Officers and employees whose function clearly fall within
the scope of hazardous materials services are eligible.
This section shall not be operative in any county until the time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
31470.14. (a) Local prosecutors, local public defenders, and local
public defender investigators are eligible.
(b) Except as provided in subdivision (c) and notwithstanding
Sections 31639.7 and 31639.75, past service as a general member shall
be converted to safety service if the past service was rendered in a
position that has subsequently been reclassified as a safety
position pursuant to this section. For local prosecutors, as
described in paragraph (2) of subdivision (a) of Section 31469.2,
service in the office of a district attorney and a local child
support agency shall be considered service for the district attorney
for purposes of this section.
(c) Notwithstanding any other provision of this chapter, within 90
days after this section becomes operative in the county, or on the
first day of the calendar month following his or her entrance into
service, whichever is later, a local prosecutor, local public
defender, or local public defender investigator may file a written
election not to become a local safety member pursuant to this
section.
(d) Notwithstanding any other provision of this chapter, local
prosecutors, local public defenders, and local public defender
investigators shall be subject to the benefit formula contained in
Section 31664 or 31664.2, or any other benefit formula applicable to
safety members that does not provide benefits greater than those
benefits provided under Section 31664.2, as designated in the
resolution described in subdivision (e). A local prosecutor, local
public defender, or local public defender investigator shall not be
deemed to be a county peace officer, as defined in Section 31469.1,
for any purpose under this chapter.
(e) This section shall not be operative in a county unless and
until the board of supervisors, by resolution adopted by majority
vote, makes this section operative in the county. A resolution to
make this section operative in the county shall include all local
prosecutors, local public defenders, and local public defender
investigators described in Section 31469.2.
(f) A provision in a memorandum of understanding that an employer
is not obligated to meet and confer regarding wages, hours, or
conditions of employment during the term of the memorandum shall not
be construed to preclude meetings regarding the provisions of this
section between an employer and local prosecutors, local public
defenders, and local public defender investigators prior to the
expiration of the term of the memorandum of understanding.
(g) This section does not apply to any person described in Section
31469.2 who dies prior to the date this section becomes applicable
in the county.
31471. "Pension" means payments for life derived from contributions
made from funds controlled by the board of supervisors, or from
funds of a district.
31472. "Regular interest" means interest at 2 1/2 percent a year
until otherwise determined by the board compounded semiannually on
June 30th and December 31st.
31472.1. "Regular interest" or "interest" when used for purposes of
computing deposits under this chapter, except as otherwise
specifically provided, shall mean that amount of interest which would
have been credited to the account of the member on the amount to be
deposited at the interest rates established for the system if the
contributions required to be deposited had been made in the amounts
and at the times required if the member had been making such deposits
during the time service was rendered until the amount required to be
deposited has been paid. For purposes of this section "deposits"
includes "redeposits".
31473. "Retirement allowance" means the pension plus the annuity.
31474. "Retirement association" means an association of all persons
who may qualify as annuitants or beneficiaries pursuant to this
chapter.
31475. "Retirement fund" means the Employees Retirement Fund.
31476. "Retirement system" means each of the systems created and
established pursuant to this chapter or its predecessor.
The retirement system for county employees created by Chapter 677
of the Statutes of 1937, as amended, is continued in existence under
this chapter.
31477. "Salary fund" means the fund from which salaries are
ordinarily paid.
31478. "Public agency" means the United States of America, this
state, or any department or agency of either, or any county, or any
city, which city or county is within this state, or any public
corporation, municipal corporation, or public district, which public
corporation, municipal corporation, or public district is situated in
whole or in part within the county, and any local agency formation
commission.
Section 31468 does not apply to this section.
31479. "Public service" means service rendered as an officer or
employee of a public agency for which service the officer or employee
received compensation from the public agency and with respect to
which he is not entitled to receive credit in any retirement system
supported wholly or in part by public funds after he becomes a member
of this system.
31479.1. Notwithstanding Section 31479 an elective or appointive
county official may receive credit for service rendered as a city
councilman even though such service was not compensated.
This section shall not be operative in any county until it is
adopted by a majority vote of the board of supervisors.
31479.2. "Public service" also means service rendered as an officer
or employee of a department or agency of the District of Columbia
for which the officer or employee received compensation and with
respect to which he is not entitled to receive credit in any
retirement system supported wholly or in part by public funds after
he becomes a member of this system.
31479.3. "Public service" also means service in the merchant marine
of the United States during the period of December 7, 1941, through
August 15, 1945, whether or not the employee received compensation
from the United States Government and with respect to which he or she
is not entitled to receive credit in any retirement system supported
wholly or in part by public funds after he or she became a member of
this system. This section shall apply to both members and retired
members of a county retirement association subject to this chapter.
Both members and retired members may purchase public service credit
pursuant to Sections 31641.1 and 31641.2. For a retired member the
additional pension amount accruing because of any public service
credit purchased shall be computed as though the service had been
credited on the effective date of retirement and increased by any
cost-of-living increases which may have been granted since the
effective date of retirement and shall begin as of the first of the
month following either the date of receipt of the retired member's
election to purchase the credit pursuant to Section 31641.1 or the
date of receipt of the full cost of the purchase computed pursuant to
Section 31641.2 whichever is later.
This section shall not be operative in any county until the board
of supervisors shall, by resolution adopted by a majority vote, make
this section applicable in the county.
31480. The provisions of this chapter, as they apply to retirement
for service or disability, deferred retirement, and the death
benefit, shall not be applicable to any member claiming public
service pursuant to Section 31478 or to any member claiming service
credit for uncompensated illness leave of absence in excess of 12
consecutive months pursuant to Section 31646.1, unless such member
has rendered service, other than the public service or the
uncompensated illness leave of absence for which the member has
elected to receive credit, sufficient to meet the minimum
requirements of this chapter covering each of the benefits enumerated
in this section.
31481. An amendment either heretofore or hereafter made to this
chapter, unless expressly stated otherwise, does not grant, take
away, or otherwise affect the right to, or the amount of, any
retirement allowance, or other benefit, of:
(a) Any member who has retired or shall retire prior to the
effective date of such amendment.
(b) The spouse, children, beneficiary or coannuitant of any member
if such member has retired or shall retire prior to the effective
date of such amendment.
(c) The spouse, children, beneficiary or coannuitant of any
member, if such member has died or shall die, prior to retirement and
prior to the effective date of such amendment.
31482. Notwithstanding any other provision of law, a participant in
a deferred compensation plan established pursuant to Chapter 8
(commencing with Section 18310) of Part 1 of Division 5 of Title 2 or
pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2
of Part 1 of Division 2 of Title 5, may also participate in a
retirement system of a public agency established pursuant to this
chapter.
31482.5. (a) Notwithstanding any provisions to the contrary in
Section 20894, this section shall apply to all participants in
retirement systems governed by this chapter.
(b) A person shall not receive credit for the same service in two
retirement systems supported wholly or in part by public funds under
any circumstance.
(c) Nothing in this section shall preclude concurrent
participation and credit for service in a public retirement system
and in a deferred compensation plan that meets the requirements of
Section 457 of Title 26 of the United States Code, a tax-deferred
retirement plan that meets the requirements of Section 40l(k) of
Title 26 of the United States Code, or a defined contribution plan
and trust that meets the requirements of Section 401(a), 403(b), or
415(m) of Title 26 of the United States Code.
(d) Nothing in this section shall preclude concurrent
participation and credit for service in the defined benefit plan
provided under this chapter and in a supplemental defined benefit
plan maintained by the employer that meets the requirements of
Section 401(a) of Title 26 of the United States Code, provided all of
the following conditions exist:
(1) The defined benefit plan provided under this chapter has been
designated as the employer's primary plan for the person and the
supplemental defined benefit plan is adopted by the governing body of
the employer.
(2) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer.
(3) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this chapter.
31483. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter applicable in such county or
district through the adoption of an ordinance or resolution, such
governing body may at any time thereafter adopt a further ordinance
or resolution terminating the applicability of such provision or
provisions as to employees of the county or district whose services
commence after a given future date specified in the latter ordinance
or resolution.
31484. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter providing for increased
benefits applicable to such county or district through the adoption
of an ordinance or resolution, such governing body may at any time
thereafter adopt another ordinance or resolution terminating the
applicability of such provision or provisions as to current employees
of the county or district who elect by written notice filed with the
board to have the applicability of such provision or provisions
terminated as to them. This section is intended only to authorize the
termination of those benefits which the governing body of a county
or district elected to increase over the basic benefits or to make
applicable in addition to the basic benefits pursuant to the
provisions of this chapter. Nothing herein shall be construed as
authorizing the governing body of a county or district to terminate
the basic benefits required under the provisions of this chapter.
The governing board of a county or district prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions shall provide oral or written
explanation of the effect and impact of such termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that such member has been fully informed regarding the effect of such
termination, and understands that such termination of a provision or
provisions is irrevocable. Such affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have such provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
Except as otherwise provided herein, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service. Any employee who has made such an
election shall not be eligible for retirement unless the employee
meets the minimum requirements of the provision or provisions
applicable at the date of retirement. Any employee who has made an
election whereby the definition of "final compensation" in Section
31462.1 no longer applies, shall have the definition of "final
compensation" in Section 31462 applied at the date of retirement
regardless of previous service under the provisions of Section
31462.1. Any employee who has made an election whereby a
cost-of-living adjustment provision of Article 16.5 (commencing with
Section 31870) no longer applies shall have the cost-of-living
adjustment provision, if any, specified by the governing body applied
to all previous service at the date of retirement regardless of
previous service under such other provision of Article 16.5. Any
employee who has made an election whereby a death benefit provision
of Article 12 (commencing with Section 31780) no longer applies,
shall have the death benefit provisions specified by the governing
body applied at the date of retirement regardless of previous service
under other provisions of Article 12.
A current employee who has elected to have the applicability of
such provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
This section shall not be applicable to safety members.
This section shall only be applicable to a county of the third
class as described by Section 28024.
31484.5. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter providing for increased
benefits applicable to such county or district through the adoption
of an ordinance or resolution, such governing body may, at any time
thereafter, adopt another ordinance or resolution terminating the
applicability of such provision or provisions as to current employees
of the county or district who elect by written notice filed with the
board to have the applicability of such provision or provisions
terminated as to them. This section is intended only to authorize the
termination of those benefits which the governing body of a county
or district elected to increase over the basic benefits or to make
applicable in addition to the basic benefits pursuant to the
provisions of this chapter. Nothing herein shall be construed as
authorizing the governing body of a county or district to terminate
the basic benefits required under the provisions of this chapter.
The governing board of a county or district, prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions, shall provide written
explanation of the effect and impact of such termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that such member has been fully informed regarding the effect of such
termination, and understands that such termination of a provision or
provisions is irrevocable. Such affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have such provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
Except as otherwise provided herein, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service. Any employee who has made such an
election shall not be eligible for retirement unless the employee
meets the minimum requirements of the provision or provisions
applicable at the date of retirement. Any employee who has made an
election whereby the definition of "final compensation" in Section
31462.1 no longer applies, shall have the definition of "final
compensation" in Section 31462 applied at the date of retirement
regardless of previous service under the provisions of Section
31462.1. Any employee who has made an election whereby a
cost-of-living adjustment provision of Article 16.5 (commencing with
Section 31870) no longer applies shall have the cost-of-living
adjustment provision, if any, specified by the governing body applied
to all previous service at the date of retirement regardless of
previous service under such other provision of Article 16.5. Any
employee making such election shall be refunded all moneys
contributed by that employee for those benefits, and such employee
shall be deemed to thereby have waived and relinquished any right to
such automatic cost-of-living benefits.
A current employee who has elected to have the applicability of
such provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
This section shall only be applicable to a county of the 10th
class as described by Section 28031.
31484.6. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter providing for increased
benefits applicable to that county or district through the adoption
of an ordinance or resolution, the governing body may at any time
thereafter adopt another ordinance or resolution terminating the
applicability of that provision or provisions as to current employees
of the county or district who elect by written notice filed with the
board to have the applicability of the provision or provisions
terminated as to them. This section is intended only to authorize the
termination of those benefits which the governing body of a county
or district elected to increase over the basic benefits or to make
applicable in addition to the basic benefits pursuant to the
provisions of this chapter. Nothing herein shall be construed as
authorizing the governing body of a county or district to terminate
the basic benefits required under the provisions of this chapter.
The governing board of a county or district prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions shall provide an oral or written
explanation of the effect and impact of the termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that the member has been fully informed regarding the effect of the
termination, and understands that the termination of a provision or
provisions is irrevocable. The affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have the provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
Except as otherwise provided herein, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service. Any employee who has made such an
election shall not be eligible for retirement unless the employee
meets the minimum requirements of the provision or provisions
applicable at the date of retirement. Any employee who has made an
election whereby the definition of "final compensation" in Section
31462.1 no longer applies, shall have the definition of "final
compensation" in Section 31462 applied at the date of retirement
regardless of previous service under the provisions of Section
31462.1. Any employee who has made an election whereby a
cost-of-living adjustment provision of Article 16.5 (commencing with
Section 31870) no longer applies shall have the cost-of-living
adjustment provision, if any, specified by the governing body applied
to all previous service at the date of retirement regardless of
previous service under such other provision of Article 16.5. Any
employee who has made an election whereby a death benefit provision
of Article 12 (commencing with Section 31780) no longer applies shall
have the death benefit provisions specified by the governing body
applied at the date of retirement regardless of previous service
under other provisions of Article 12.
A current employee who has elected to have the applicability of
the provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
This section shall not be applicable to safety members.
This section shall only be applicable to a county of the
eighteenth class as described by Section 28039.
31484.7. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter providing for increased
benefits applicable to such county or district through the adoption
of an ordinance or resolution, such governing body may, at any time
thereafter, adopt another ordinance or resolution terminating the
applicability of such provision or provisions as to current employees
of the county or district who elect by written notice filed with the
board to have the applicability of such provision or provisions
terminated as to them. This section is intended only to authorize the
termination of those benefits which the governing body of a county
or district elected to increase over the basic benefits or to make
applicable in addition to the basic benefits pursuant to the
provisions of this chapter. Nothing herein shall be construed as
authorizing the governing body of a county or district to terminate
the basic benefits required under the provisions of this chapter.
The governing board of a county or district, prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions, shall provide written
explanation of the effect and impact of such termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that such member has been fully informed regarding the effect of such
termination, and understands that such termination of a provision or
provisions is irrevocable. Such affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have such provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
Except as otherwise provided herein, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service. Any employee who has made such an
election shall not be eligible for retirement unless the employee
meets the minimum requirements of the provision or provisions
applicable at the date of retirement. Any employee who has made an
election whereby the definition of "final compensation" in Section
31462.1 no longer applies, shall have the definition of "final
compensation" in Section 31462 applied at the date of retirement
regardless of previous service under the provisions of Section
31462.1. Any employee who has made an election whereby a
cost-of-living adjustment provision of Article 16.5 (commencing with
Section 31870) no longer applies shall have the cost-of-living
adjustment provision, if any, specified by the governing body applied
to all previous service at the date of retirement regardless of
previous service under such other provision of Article 16.5
(commencing with Section 31870). Any employee making such election
shall be refunded all moneys contributed by that employee for those
benefits, and such employee shall be deemed to thereby have waived
and relinquished any right to such automatic cost-of-living benefits.
A current employee who has elected to have the applicability of
such provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
This section shall only be applicable to a county of the 25th
class as described by Section 28046.
31484.8. Notwithstanding any other provision of law, whenever the
governing body of a county or district has made a particular
provision or provisions of this chapter providing for increased
benefits applicable to that county or district through the adoption
of an ordinance or resolution, the governing body may at any time
thereafter adopt another ordinance or resolution terminating the
applicability of that provision or provisions as to current employees
of the county or district who elect by written notice filed with the
board to have the applicability of the provision or provisions
terminated as to them. This section is intended only to authorize the
termination of those benefits which the governing body of a county
or district elected to increase over the basic benefits or to make
applicable in addition to the basic benefits pursuant to the
provisions of this chapter. Nothing herein shall be construed as
authorizing the governing body of a county or district to terminate
the basic benefits required under the provisions of this chapter.
The governing board of a county or district prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions shall provide an oral or written
explanation of the effect and impact of the termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that the member has been fully informed regarding the effect of the
termination, and understands that the termination of a provision or
provisions is irrevocable. The affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have the provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
The retirement allowance for service rendered prior to the
effective date of the election shall be calculated on the basis of
the provision or provisions applicable during that period of service.
Any employee who has made such an election shall not be eligible for
retirement unless the employee meets the minimum requirements of the
provision or provisions applicable at the date of retirement.
A current employee who has elected to have the applicability of
the provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
An employee may make the election described herein at any time.
The effective date of the election shall be the first day of the
biweekly payroll period following execution and filing of the
employee's affidavit.
An employee suffering a break in service shall, if he or she
returns to covered employment within three years of the date of
separation, return at the higher level if and only if his or her
prior coverage was at that level. The provision in this paragraph
applies only to separations occurring between June 30, 1983, through
and including June 30, 1988, and further applies only to employees
who were active members on June 30, 1983, and to employees laid off
prior to that date who were on a civil service reemployment list on
June 30, 1983. This provision does not apply to employees leaving the
retirement system because of a change of status from full time to
part time, regular appointment to project appointment and back to
regular appointment, or regular appointment to intermittent
appointment and back to regular appointment.
After June 30, 1988, an employee who is laid off and rehired
within one year from the date of separation shall return at the
higher level if and only if his or her prior coverage was at that
level.
A former employee who has elected deferred retirement from the
higher benefit level and who returns to covered employment shall
return to the higher benefit level.
The benefit levels described in this section are those in
existence on July 1, 1983.
This section shall only be applicable to a county of the fourth
class as described by Sections 28020 and 28025.
31484.9. (a) This section shall apply to the retirement system of
Contra Costa County and only if the board of supervisors of that
county adopts, by majority vote, a resolution making this section
applicable in the county. Notwithstanding any other provision of law,
the board of supervisors may make this section applicable in the
county on a date specified in the resolution, which date may be
different than the date of the resolution.
(b) (1) When the board of supervisors meets and confers pursuant
to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4 of Title 1) with the Contra Costa County Deputy
Sheriffs' Association, the parties may agree, pursuant to a
memorandum of understanding as described in Section 3505.1, that the
provisions of this section shall apply to safety employees
represented by the Contra Costa County Deputy Sheriffs' Association.
(2) The terms of any agreement reached with the Contra Costa
County Deputy Sheriffs' Association pursuant to this subdivision
shall be made applicable by the board of supervisors to unrepresented
county employees who are safety members in the Contra Costa County
Sheriff's Office and in similar job classifications as employees
within applicable bargaining units and the supervisors and managers
of those employees.
(3) An ordinance or resolution adopted pursuant to this section
may establish different retirement benefits for different bargaining
units of safety employees represented by the Contra Costa County
Deputy Sheriffs' Association and the unrepresented groups of safety
employees in similar job classifications and the supervisors and
managers of those employees. The ordinance or resolution may also
establish the time period during which employees may make an election
under this section and the date on which an employee shall be
employed to be subject to this section.
(c) (1) Notwithstanding any other provision of law, if the board
of supervisors makes a particular provision or provisions of this
chapter providing for increased benefits applicable to safety
employees of the county represented by the Contra Costa County Deputy
Sheriffs' Association through the adoption of an ordinance or
resolution, the board of supervisors may at any time thereafter adopt
another ordinance or resolution terminating the applicability of
that provision or provisions as to current employees of the county
who elect by written notice filed with the board to have the
applicability of the provision or provisions terminated as to those
employees. This section is intended only to authorize the termination
of those benefits that the board of supervisors elected to increase
over the basic benefits or to make applicable in addition to the
basic benefits pursuant to the provisions of this chapter. The
termination of benefits shall be consistent with the memorandum of
understanding described in subdivision (b). Nothing in this section
shall be construed as authorizing the board of supervisors to
terminate the basic benefits required under the provisions of this
chapter.
(2) The board of supervisors, prior to adopting an ordinance or
resolution allowing the termination of the applicability of any
increased benefit provisions shall provide a written explanation of
the effect and impact of the termination for each member requesting
termination of the applicability of any provisions.
(3) The board of supervisors shall require members requesting
termination of the applicability of any provisions to sign an
affidavit stating that the member has been fully informed regarding
the effect of the termination, and understands that the termination
of a provision or provisions is irrevocable. The affidavit shall also
state that the employee has chosen termination of the provision or
provisions of the employee's own free will and was not coerced into
termination of any provision by the employer or any other person and
shall waive and release any right to a benefit under the terminated
provision or provisions for the period of service following the
election.
(4) The board of supervisors shall, in the ordinance or resolution
granting current employees the option of electing to have the
applicability of the provision or provisions terminated, and
consistent with the memorandum of understanding described in
subdivision (b), specify the provision or provisions that shall be
applicable to current employees making the election. More than one
optional set of provisions may be made available for election,
including, but not limited to, the "3 Percent at 55" retirement
formula, a cost-of-living adjustment, and the definition of final
compensation pursuant to Section 31462 or 31462.1.
(5) Employees who elect to have the provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the board of supervisors. Except
as otherwise provided in this section, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service and the retirement allowance for
service rendered on or after the effective date of the election shall
be calculated on the basis of the provision or provisions applicable
during that period of service. The total retirement allowance for an
employee subject to this section shall be the sum of the retirement
allowance calculated for service rendered prior to the effective date
of the election and the retirement allowance calculated for service
rendered on or after the effective date of the election. Any employee
who has made an election shall not be eligible for retirement unless
the employee meets the minimum requirements of the provision or
provisions applicable at the date of retirement.
(6) Any employee who has made an election that the definition of
"final compensation" in Section 31462.1 no longer applies, shall have
the definition of "final compensation" in Section 31462.1 applied to
all service rendered prior to the effective date of the election and
the definition of "final compensation" in Section 31462 applied to
all service rendered on or after the effective date of the election.
For purposes of applying Section 31835 to a retirement system other
than the retirement system in Contra Costa County, the highest
average compensation described in this paragraph shall apply.
(7) Any employee who has made an election that a cost-of-living
adjustment provision of Article 16.5 (commencing with Section 31870)
no longer applies shall have the cost-of-living adjustment provision,
if any, for service rendered prior to the effective date of the
election calculated on the basis of the cost-of-living adjustment
provision applicable during that period of service. Any
cost-of-living adjustment provision specified by the board of
supervisors for service rendered after the effective date of the
election shall apply solely to that service. A termination of
benefits shall be consistent with the memorandum of understanding
described in subdivision (b).
(8) A current employee who has elected to have the applicability
of the provision or provisions terminated may not rescind that
election, unless the board of supervisors again makes the particular
provision or provisions applicable to the employees who are
represented by the Contra Costa County Deputy Sheriffs' Association,
through the adoption of a subsequent ordinance or resolution pursuant
to a memorandum of understanding as described in Section 3505.1.
(9) An election made by a current employee shall be binding upon
the employee's spouse and all others claiming benefits under that
employee's entitlement.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section shall have no effect on actions
taken under this section prior to the repeal of this section.
31485. Notwithstanding any other provision of law, whenever the
governing body of a county or district following meet and confer has
made a particular provision or provisions of this chapter providing
for increased benefits applicable to such county or district through
the adoption of an ordinance or resolution, such governing body may
at any time thereafter adopt another ordinance or resolution
terminating the applicability of such provision or provisions as to
current employees of the county or district who elect by written
notice filed with the board to have the applicability of such
provision or provisions terminated as to them. This section is
intended only to authorize the termination of those benefits which
the governing body of a county or district elected to increase over
the basic benefits or to make applicable in addition to the basic
benefits pursuant to the provisions of this chapter. Nothing herein
shall be construed as authorizing the governing body of a county or
district to terminate the basic benefits required under the
provisions of this chapter.
The governing board of a county or district prior to adopting an
ordinance or resolution allowing the termination of the applicability
of any increased benefit provisions shall provide oral and written
explanation of the effect and impact of such termination for each
member requesting termination of the applicability of any such
provisions.
The governing board shall require members requesting termination
of the applicability of any provisions to sign an affidavit stating
that such member has been fully informed regarding the effect of such
termination and understands that such termination of a provision or
provisions is irrevocable. Such affidavit shall also state that the
employee has chosen termination of the provision or provisions of the
employee's own free will and was not coerced into termination of any
provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting
current employees the option of electing to have the applicability of
such provision or provisions terminated, specify the provision or
provisions which shall be applicable to current employees making the
election. Employees who elect to have such provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the governing body.
Except as otherwise provided herein, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service. Any employee who has made such an
election shall not be eligible for retirement unless the employee
meets the minimum requirements of the provision or provisions
applicable at the date of retirement. Any employee who has made an
election whereby the definition of "final compensation" in Section
31462.1 no longer applies, shall have the definition of "final
compensation" in Section 31462 applied at the date of retirement
regardless of previous service under the provisions of Section
31462.1. Any employee who has made an election whereby a
cost-of-living adjustment provision of Article 16.5 (commencing with
Section 31870) no longer applies shall have the cost-of-living
adjustment provision, if any, specified by the governing body applied
to all previous service at the date of retirement regardless of
previous service under such other provision of Article 16.5. Any
employee making such election shall be refunded all moneys
contributed by that employee for those benefits, and such employee
waives and relinquishes all rights to such automatic cost-of-living
benefits.
A current employee who has elected to have the applicability of
such provision or provisions terminated may not rescind such an
election unless the governing body of the county or district again
makes the particular provision or provisions applicable to the county
or district through the adoption of a subsequent ordinance or
resolution. Any such election made by a current employee shall be
binding upon the employee's spouse and all others claiming benefits
under such employee's entitlement.
This section shall not be applicable to safety members.
This section shall only be applicable to a county of the
thirteenth class as described by Section 28034.
31485.5. It is the intent of the Legislature that counties that are
considering the adoption of defined contribution plans, also
consider having those plans administered by their county retirement
systems.
31485.6. "Treasurer" as used in Sections 31595.9, 31625, 31625.1,
31629, and 31706 means the county treasurer or any other entity
authorized by the board.
31485.7. (a) Notwithstanding any other provision of this chapter, a
member who elects to purchase retirement service credit under
Section 31486.3, 31486.35, 31499.3, 31499.13, 31641.1, 31641.5,
31641.55, 31646, 31652, or 31658, or under the regulations adopted by
the board pursuant to Section 31643 or 31644 shall complete that
purchase within 120 days after the effective date of his or her
retirement.
(b) This section is not operative in any county until the board of
supervisors, by resolution, makes this section applicable in the
county.
31485.8. (a) Notwithstanding any other provision of this chapter, a
member who elects to purchase retirement service credit under
Section 31490.5, 31490.6, 31494.3, 31494.5, 31641.1, 31641.5, 31646,
31652, or 31658, or under the regulations adopted by the board
pursuant to Section 31643 or 31644 shall complete that purchase
within 120 days after the effective date of his or her retirement.
(b) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
31485.9. (a) Notwithstanding any other provision of law, including,
but not limited to, Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1, no resolution, ordinance, contract, or
contract amendment under this chapter adopted on or after January 1,
2004, may provide any retirement benefits for some, but not all,
general members of a county or district.
(b) No resolution, ordinance, contract, or contract amendment
under this chapter adopted on or after January 1, 2004, may provide
different retirement benefits for any subgroup of general members
within a membership classification, including, but not limited to,
bargaining units or unrepresented groups, unless benefits provided by
statute for members hired on or after the date specified in the
resolution are adopted by the county or district governing board, 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). All
nonrepresented employees within similar job classifications as
employees in a bargaining unit subject to a memorandum of
understanding, or supervisors and managers thereof, shall be subject
to the same formula for the calculation of retirement benefits
applicable to the employees in the bargaining unit. No retirement
contract amendment may be imposed by the employer in absence of a
memorandum of understanding under the Meyers-Milias-Brown Act.
(c) This section does not preclude changing membership
classification from one membership classification to another
membership classification.
(d) This section shall not apply to retirement benefits for a
member described in paragraph (2) of subdivision (d) of Section
31676.15.
31485.10. (a) Notwithstanding any other provision of law, in a
county of the 10th class, as defined in Sections 28020 and 28031, the
board of supervisors may, by resolution, ordinance, contract, or
contract amendment under this chapter, provide any retirement
benefits for some, but not all, general members or safety members of
a county.
(b) The resolution, ordinance, contract, or contract amendment
described in subdivision (a) may provide a different formula for
calculation of retirement benefits, by making any section of this
chapter applicable to any subgroup of members within a membership
classification, including, but not limited to, bargaining units, or
unrepresented groups, 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.
(c) A resolution adopted pursuant to this section may 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 (b), 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. For those
members who are represented by a bargaining unit, the payment
requirement shall be approved in a memorandum of understanding
executed by the board of supervisors and the employee
representatives.
(d) This section shall only apply to members who retire on or
after the effective date of the resolution described in subdivision
(a) or (b).
(e) This section shall not become operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.
31485.12. (a) Notwithstanding any other provision of law, in a
county of the 16th class, as defined in Sections 28020 and 28037, or
a county of the 22nd class, as defined in Sections 28020 and 28043,
each as amended by Chapter 1204 of the Statutes of 1971, the board of
supervisors may, by resolution, ordinance, contract, or contract
amendment under this chapter, provide different retirement benefits
for some safety member bargaining units within the safety member
classification of a county retirement system.
(b) The resolution, ordinance, contract, or contract amendment
described in subdivision (a) may provide a different formula for
calculation of retirement benefits by making any section of this
chapter that is applicable to different safety member bargaining
units within the safety member classification 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.
The terms of an agreement or memorandum of understanding reached with
a recognized employee organization, pursuant to this subdivision,
may be made applicable by the board of supervisors to any
unrepresented group within the same or similar membership
classification as the employees represented by the recognized
employee organization or bargaining unit.
(c) A resolution, ordinance, contract, or contract amendment
adopted pursuant to this section may 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 (b), as adopted by the board or governing body, had been
in effect during the period of time designated in the resolution,
ordinance, contract, or contract amendment. The payment by a member
shall become part of the accumulated contributions of the member. For
those members who are represented by a bargaining unit, the payment
requirement shall be approved in a memorandum of understanding
executed by the board of supervisors and the employee
representatives.
(d) This section shall only apply to members who retire on or
after the effective date of the resolution, ordinance, contract, or
contract amendment described in subdivision (a) or (b), or on or
after the date provided in the memorandum of understanding described
in subdivision (c).
(e) The board of supervisors, in the resolution, ordinance,
contract, or contract amendment described in subdivision (a), shall
not require that a bargaining unit be divided solely for the purpose
of providing different retirement benefits. However, if the members
of a bargaining unit within the same or similar membership
classification so elect, retirement benefits may be separately
negotiated with that bargaining unit.
(f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
31485.13. In accordance with Section 401(a)(8) of Title 26 of the
United States Code, a forfeiture of benefits under this chapter shall
not be applied to increase benefits that a member would otherwise
receive under this chapter.
31485.14. All distributions of benefits provided under this chapter
shall comply with the requirements of Section 401(a)(9) of Title 26
of the United States Code that are applicable to public employee
plans, including, but not limited to, requirements relating to the
following:
(a) The time that benefit payments begin, including benefit
payments paid after the death of a member.
(b) The form of distribution of benefits.
(c) Incidental death benefits.
31485.15. In accordance with Section 401(a)(31) of Title 26 of the
United States Code, a person who is entitled to a distribution under
this chapter that is an eligible rollover distribution may elect to
have all or a part of that distribution paid directly to an eligible,
specified plan, subject to terms and conditions established by the
board. If a person elects to have the eligible rollover distribution
paid to an eligible, specified plan, the payment, when it is
distributable, shall be made in the form of a direct
trustee-to-trustee transfer to the eligible retirement plan.
31485.16. (a) Notwithstanding any other provision of this chapter,
in a county of the fourth class, as defined in Sections 28020 and
28025, as amended by Chapter 1204 of the Statutes of 1971, the board
of supervisors may, by resolution adopted by majority vote, as part
of any negotiated memorandum of understanding with a bargaining unit
that represents safety employees, require a safety employee of that
bargaining unit or unrepresented safety employee hired after approval
of the resolution, to elect in writing, either the pension
calculation stated in Section 31664 or the pension calculation stated
in Section 31664.2. The election shall be made within 45 calendar
days of beginning employment with the county. If a new safety
employee does not elect the pension calculation stated in Section
31664.2 within 45 days of beginning employment, the new safety
employee shall be deemed to have elected the pension calculation
stated in Section 31664. Once made, a safety employee under this
section shall not be permitted to rescind his or her election.
(b) The resolution described in subdivision (a) may provide a
different formula or calculation of retirement benefits for new
members of other safety bargaining units or other unrepresented
safety employees hired after approval of the resolution, by making
any section of this chapter applicable to those different safety
bargaining units or unrepresented employees, within the safety member
classification, pursuant to a negotiated memorandum of understanding
as described in Section 3505.1.
(c) The resolution described in subdivision (a) may provide a
different formula or calculation of safety retirement benefits for
new safety members in one bargaining unit than that which is provided
for new safety members of other bargaining units or new
unrepresented safety members.
(d) A resolution adopted pursuant to this section or previously
adopted resolutions of the board may 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 within
this chapter were or have been adopted by resolution. The payment by
a member shall become part of the accumulated contributions of the
member. For those members who are represented by a bargaining unit,
the payment requirement shall be approved in a memorandum of
understanding executed by the board of supervisors and the employee
representatives.
(e) The board of supervisors, in a resolution described in
subdivision (a), shall not require that a bargaining unit be divided
solely for the purpose of providing different retirement benefits.
However, if the members of a bargaining unit within the same or
similar membership classification so elect, retirement benefits may
be separately negotiated with that bargaining unit.
(f) Notwithstanding any other provision of law, the effective date
of a resolution described in subdivision (a) may be different than
the date of the resolution.
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