2009 California Government Code - Section 31550-31567 :: Article 4. Membership

31550.  Whenever this chapter becomes operative in any county a
retirement association shall be organized.

31551.  The persons expressly declared to be ineligible to
membership by this article shall not become members of the retirement
association, and, except as expressly excluded, the persons
enumerated in this article shall become members of the association.
   Persons employed as participants in a program of, and whose wages
are paid in whole or in part by federal funds in accordance with, the
Comprehensive Employment and Training Act of 1973 (Public Law
93-203), as amended, are excluded from membership. This exclusion
shall not apply to active fire suppression personnel who are safety
members pursuant to Sections 31469.3 and 31470.4.

31552.  All existing officers and employees of the county become
members of the association on the day the retirement system becomes
operative, and thereafter each person entering the county employ
becomes a member on the first day of the calendar month after his
entrance into the service, unless otherwise provided by regulations
adopted by the board. Such regulations may provide for waiver of
membership by the prospective employee in the case of newly hired
employees who have attained the age of 60. In all cases where there
is such a waiver, said employee upon attaining the age of 70 shall
thereafter be employed from year to year at the discretion of the
county.

31552.1.  On the first day of the calendar month after this section
takes effect all existing officers and employees of the county, who,
because of the provisions of Section 31552 prior to its amendment in
1953, were not members, become members on that day.

31552.2.  All existing officers and employees of the county, now
members of the retirement system, and who became employed by the
county during that interim period when the law did not allow
membership into the retirement system until the first day of the
calendar month following the expiration of 180 days after his
entrance into service, shall be allowed to make contributions and
receive credit for that period of time as prior county service. The
contribution rate shall be as prescribed in Section 31641.5 and
election to receive credit for such service shall be available until
time of filing of notice of retirement from county service.

31553.  Elective officers become members of the retirement
association on the first day of the calendar month following the
filing of a declaration with the board to become a member, provided,
however, that any such elective officer may, within 60 days after the
expiration of the officer's term of office or within 60 days after
the officer ceases to hold the office, rescind the declaration and
withdraw from the retirement association. In such cases, all
contributions paid by the member shall be refunded in the same manner
as applicable to members terminating service.

31554.  All officers and attaches of the superior court established
within the county, except judges and participants in any other
pension system, become members of the association on the first day of
the calendar month after the board of supervisors adopts by
four-fifths vote a resolution providing for their inclusion.
Thereafter each person entering such employ becomes a member on the
first day of the calendar month following his entrance into the
service of the court.
   In this section "officer or attache of the superior court"
includes all commissioners, phonographic reporters who are paid
salaries or per diems by the county and whose contributions are based
upon such salaries or per diems, secretaries, stenographers,
investigators, messengers, or other employees of the court.

31556.  The board of supervisors and all other county officers shall
make the appropriations and perform the duties specified in this
chapter with reference to court officers and attaches in the same
manner as specified for county or district officers or employees. The
deductions provided for in this chapter shall be made from the
salaries of such officers or attaches in the same manner as for
officers or employees of the county or districts.

31557.  All officers and employees of any district become members of
the association on the first day of the calendar month after:
   (a) In the case of districts for which the board of supervisors is
the governing body, such body adopts by four-fifths vote a
resolution providing for the inclusion of the district in the
retirement association.
   (b) In the case of districts for which the board of supervisors is
not the governing body, the governing body adopts by a two-thirds
vote, a resolution providing for the inclusion of the district in the
retirement association and the board, by majority vote, consents
thereto. Thereafter, each person entering such employment becomes a
member on the first day of the calendar month following his entrance
into the service. However, if prior to January 1, 1976, the governing
body and the board of retirement have executed an agreement
providing for the purchase of prior service, the agreement may be
amended to provide that the date of membership in the retirement
association for any officer or employee shall be the first day of the
calendar month following the officer's or employee's entrance into
district service.
   Members may be withdrawn from the association in the manner
provided in Section 31564.

31557.1.  Officers and employees of a district as defined in
subdivision (g) of Section 31468, become members on the date
specified in the agreement between the regents and the board of
supervisors relating to the transfer to the regents of the hospital
in which they are employed or of the obligation to provide
professional medical services at the hospital in which they are
employed. Notwithstanding Section 31564, if the agreement so
provides, those employees shall cease to be members on the date of a
referendum relating to coverage of those members under the Federal
Old Age, Survivors, Disability, and Health Insurance Program in which
less than a majority of those eligible employees voted in favor of
that coverage.

31557.2.  Any action heretofore taken by the governing body of a
district under Section 31557, or under color of that section, is
hereby confirmed and validated and made fully effective. Membership
in the association of any officers and employees of any district who
were included in the association by such action of the governing
body, is hereby validated and confirmed and made fully effective as
of the time of such inclusion.

31557.3.  On the date a district, as defined in subdivision (l) of
Section 31468, is included in the retirement system, any personnel
appointed pursuant to Section 31522.5 who had previously been in
county service shall continue to be members of the system without
interruption in service or loss of credit. Thereafter, each person
entering employment with the district shall become a member of the
system on the first day of the calendar month following his or her
entrance into service.

31558.  All existing members of a pension system established
pursuant to either Chapter 4 (commencing with Section 31900) or
Chapter 5 (commencing with Section 32200) of this part and all
employees eligible as safety members who at the time of entering
service elected to become safety members, or who subsequently became
members, shall become safety members and thereafter each person
employed in a position, the principal duties of which consist of
active law enforcement or active fire suppression or juvenile hall
group counseling and group supervision, as defined in Sections
31469.3, 31469.4, 31470.2 and 31470.4, shall become a safety member
on the first day of the calendar month following his or her entrance
into the service. The sheriff and undersheriff shall become safety
members on the first day of the calendar month following their
entrance into the service. The marshal and assistant marshal shall
become safety members on the first day of the calendar month
following their appointment.

31558.1.  Notwithstanding any of the provisions of Section 31558 to
the contrary, each person who, prior to July 1, 1969, was employed in
a position, the principal duties of which consist of active law
enforcement as defined in Section 31469.3 or active fire suppression
as defined in Section 31470.4, who has continuously since his or her
employment made the salary contributions required of a safety member,
and who has continuously since his or her employment been employed
in a position which would make such person eligible to become a
safety member if he or she had not been over the age of 35 years at
the time of his or her employment, shall become a safety member as of
the first day of the calendar month following his or her original
entrance into the service.
   A member who meets the requirements of the preceding paragraph,
except that he or she has not made the contributions required of a
safety member, may receive credit for such service, as a safety
member, when he or she has contributed, with interest to the date
paid, the difference between contributions made and those which would
have been required if he or she had been a safety member. Such
additional contributions are to be made prior to retirement and
notice of election to receive credit for service, as a safety member,
pursuant to this section, shall be made to the retirement board
prior to April 1, 1975.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance, make the provisions
of the section applicable in that county.

31558.2.  Notwithstanding any of the provisions of Section 31558 to
the contrary, each person who, prior to the effective date of this
section was employed in positions the principal duties of which
consist of active law enforcement for not less than 10 years and who
is employed by a county in a position which would make such person
eligible to become a safety member at the time of his or her
employment, may, if he or she so elects, become a safety member as of
the first day of the calendar month following his or her entrance
into county service.
   A member may receive credit for such service, as a safety member,
when he or she has contributed, with interest to the date paid, the
difference between contributions made and those which would have been
made by the member if he or she had been a safety member. Such
additional contributions shall be made prior to retirement.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in that county.

31558.5.  All members employed by a county having a population in
excess of 2,000,000 who are employed on and prior to January 1, 1958,
whose duties are described in Section 31470.6 and who prior to that
date file with the board a written election to become safety members,
shall become safety members on January 1, 1958.
   All members employed by a county having a population of 2,000,000
or less and in excess of 500,000, who are employed on and prior to
January 1, 1960, whose duties are described in Section 31470.6 and
who prior to that date file with the board a written election to
become safety members, shall become safety members on January 1,
1960.
   After January 1, 1958, each person not over 35 years of age when
employed by a county having a population in excess of 2,000,000 in a
position the principal duties of which are described in Section
31470.6, shall become a safety member on the first day of the
calendar month following his entrance into the service.
   After January 1, 1960, each person not over 35 years of age when
employed by a county having a population of 2,000,000 or less and in
excess of 500,000 in a position the principal duties of which are
described in Section 31470.6, shall become a safety member on the
first day of the calendar month following his entrance into the
service.

31558.6.  Notwithstanding any of the provisions of Section 31558 to
the contrary, each person who is employed in a position, the
principal duties of which consist of juvenile hall group counseling
and group supervision as defined in Section 31469.4, on the date the
provisions of Section 31469.4 are made applicable in a county by the
board of supervisors and who files with the board written election to
become a safety member on or prior to one year after the date the
provisions of Section 31469.4 are made applicable in a county by the
board of supervisors, shall become a safety member.
   Thereafter each person when employed in such position, shall
become a safety member on the first day of the calendar month
following his or her entrance into the service.

31558.8.  Notwithstanding any of the provisions of Section 31558 to
the contrary, a person over 35 years of age who is employed by a
county of the third class, as established by Sections 28020 and
28024, as amended in 1971, as a detective or investigator in the
office of the district attorney, which would make the person eligible
to become a safety member if he or she had not been over the age of
35 years at the time of his or her employment, may, if he or she so
elects, become a safety member as of the first day of the calendar
month following his or her entrance into county service regardless of
age.
   A member may receive credit for that service, as a safety member,
when he or she has contributed, with interest to the date paid, the
difference between contributions made and those which would have been
made by the member if he or she had been a safety member. The
additional contributions shall be made prior to retirement.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make this section applicable in the county.

31559.  Whenever a county or district subject to the provisions of
this chapter takes over and assumes any of the functions of any other
public agency, and because of such assumption all or any employees
of such other public agency become employees of such county or
district, any such employee whose principal duties consist of active
law enforcement or active fire suppression, as defined in Sections
31469.3, 31470.2 and 31470.4, who, because of such transfer of
functions, is employed in such a position in such county or district,
shall become a safety member on the first day of the calendar month
following his entrance into service.

31560.  A safety member shall remain a safety member only while the
principal duties of his position consist of active law enforcement,
active fire suppression or active lifeguard service as defined in
Section 31469.3. While holding any other position in county service
he shall remain a member but not a safety member.

31561.  Any person employed under contract for temporary services
requiring professional or highly technical skill is ineligible for
membership.

31562.  Any elective officer who does not declare his intention to
become a member of the retirement association as required by this
chapter is ineligible to membership.

31563.  Notwithstanding any other provision of law, a person ceases
to be a member for any portion of his or her service as an elected
public officer that is forfeited pursuant to Section 1243.

31564.  All officers and employees of any district who have become
members of the association as provided in Section 31557, may be
withdrawn by a resolution of the governing body declaring all of the
district's employees withdrawn from the association; provided, the
governing body has first received a written petition signed by a
majority of its officers and employees requesting that the district's
officers and employees be withdrawn from the association.
   Upon the adoption of any resolution to withdraw its members, all
accumulated contributions held in the association shall be refunded
to the district's employees upon the effective date of their
withdrawal and in the same manner as the accumulated contributions
would be refunded upon the termination of their employment by the
district.
   Upon the adoption of any resolution to withdraw its members and
where there are no existing retirees from the district, the district'
s contributions shall be refunded to the district, or shall, upon the
election of and designation by the governing body of the district,
be transferred to another public retirement system.
   In the event of the transfer of district contributions to another
public retirement system, the employee contributions shall also be
transferred to the other public retirement system.
   The effective date of withdrawal of any resolution adopted
pursuant to this section shall be at the end of the calendar month
during which such resolution is adopted.

31564.2.  (a) If a district's participation in the retirement system
is terminated pursuant to the provisions of Section 31564, the
district shall remain liable to the retirement system for the
district's share of any unfunded actuarial liability of the system
which is attributable to the officers and employees of the district
who either have retired or will retire under the retirement system.
   (b) Unless otherwise developed by an actuarial source and approved
by the board of retirement, the amount of the district's liability
shall be the unfunded actuarial liability of the entire system,
computed as described below, multiplied by a fraction:
   (1) The numerator of which is the total amount required to be
contributed to the plan by the withdrawing district for the last five
years ending prior to the withdrawal date.
   (2) The denominator of which is the total amount required to be
contributed to the plan by all participating employers for the last
five years.
   The plan's total unfunded actuarial liability for this purpose
shall be calculated on the basis of the actuarial assumptions used in
the plan's most recent actuarial valuation, except that all district
members shall be assumed to terminate as of the date of withdrawal.
   (c) The district's liability shall be paid in accordance with a
schedule determined by the retirement board over a period no longer
than the period over which the plan's remaining unfunded actuarial
liability is being amortized.
   (d) The funding of the retirement benefits for the employees of a
withdrawing agency is solely the responsibility of the withdrawing
agency or the board of supervisors. Notwithstanding any other
provision of law, no contracting agency shall fail or refuse to pay
the employer's contribution required by this chapter or to pay the
employer's contribution required by this chapter within the
applicable time limitations. In dealing with a withdrawing district,
the board of retirement shall take whatever action needed to ensure
the actuarial soundness of the retirement system.
   (e) The Legislature finds and declares that this section is
declaratory of existing law, to the extent this section provides that
upon withdrawal from the retirement system, a district shall remain
liable for its share of the unfunded actuarial liability of the
system. This section is intended to define the method of calculating
the district's share of that unfunded actuarial liability.

31564.5.  Whenever the governing body of a district for which the
board of supervisors is not the governing body adopts a resolution
for the inclusion of such district in the retirement association, if,
in the opinion of the board because of conditions peculiar to such
district the contributions required from such district by this
chapter are insufficient to pay the same proportion of the costs of
the system as will be paid by the county, the board may require that
such district contract with the board to appropriate additional sums.
If, because of conditions peculiar to such district the
contributions required from such district by this chapter are greater
than necessary to pay the same proportion of the costs of the system
as will be paid by the county, the board and such district may
contract for lesser sums. Either of such contracts may provide, among
other things, that whenever the board of supervisors makes an
additional appropriation pursuant to Section 31454.5, the district
also will make an additional appropriation calculated by a formula
specified in such contract. All such districts are hereby authorized
to enter into and perform such contracts.

31565.  Any member of a system established under this chapter who is
employed in a status requisite for membership in the State Teachers'
Retirement System, may elect to transfer his membership to that
system. Any member who elects to transfer his membership pursuant to
this section may also elect in writing to withdraw his accumulated
contributions, and in such event he shall be paid all of his
accumulated contributions in the county retirement system.

31565.5.  Any member of a system established under this chapter who
ceases to be an employee of the county under the provisions of
Education Code Section 873 may elect as authorized in Education Code
Section 873.1 to remain a member of such system.

31567.  Any member of a retirement system established under this
chapter who is employed in a position, the principal duties of which
consist of active law enforcement or active fire suppression as
defined under Sections 31469.3, 31470.2 and 31470.4, and who, prior
to 1955, had the right to elect to become a safety member of such
system shall again have the right to elect to become a safety member.
Notice of such election shall be given in writing to the board of
retirement administering the system.
   The member's status as a safety member shall be effective on the
first day of the second month following that in which the notice of
election is received by the board of retirement.
   Such a member may elect to receive credit for service rendered as
a member of such system, as if he had been a safety member commencing
in 1955. Notice of such election shall be given in writing to the
board of retirement no less than 30 days prior to the member's
retirement. The member shall receive credit for such service, as a
safety member, if he contributes the difference between the member
contributions actually made for that period of service and the
contributions that he would have been required to make if he had been
a safety member during that period. The member shall also contribute
interest on the difference at the rates at which interest was
credited on member contributions for each year of the period for
which credit is sought.
   An election under this section shall be irrevocable, and the
additional contribution payments hereunder required, if not completed
as specified, shall be forfeited to the retirement fund, and a
forfeiting member shall then receive only general membership
benefits. Additional contributions shall be made by lump sum payment
or in such monthly payroll deduction amounts as determined by the
board, but must be made prior to the member's retirement.