ARTICLE 1. General

Article 1 added by Stats. 1947, Ch. 424.

§§ 31450–31485.22 · 113 sections

§ 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…
§ 31452 The right of a person to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance, any optional…
§ 31452.5 (a) 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…
§ 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…
§ 31452.61 (a) (1) This section applies only to a retirement system in a county of the first class, as described in Sections 28020 and 28022. (2) The board shall comply…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 31454.7 The Legislature affirms the ruling of Mijares v. Orange County Employees’ Retirement System (2019) 32 Cal.App.5th 316, with respect to a board’s plenary…
§ 31455 Unless the context otherwise requires, or unless superseded by any provision of the California Public Employees’ Pension Reform Act of 2013, the definitions…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 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,…
§ 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…
§ 31461 (a) (1) “Compensation earnable” by a member means the average compensation as determined by the board, for the period under consideration upon the basis of the…
§ 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…
§ 31461.2 “Compensation earnable” by a public administrator, coroner or coroner-public administrator member compensated by means of fees means the average compensation…
§ 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…
§ 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…
§ 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…
§ 31461.5 Notwithstanding any other provision of law, salary bonuses or any other compensation incentive payments for regular duties or for additional services outside…
§ 31461.6 (a) “Compensation earnable” shall not include overtime premium pay other than premium pay for hours worked within the normally scheduled or regular working…
§ 31462 (a) “Final compensation” means the average annual compensation earnable by a member during any three years elected by a member at or before the time the member…
§ 31462.05 (a) For a member who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of…
§ 31462.1 (a) (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 or she…
§ 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…
§ 31462.2 (a) “Final compensation” for members whose service is on a tenure that is temporary, seasonal, intermittent, or for part time only means one-third of the total…
§ 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…
§ 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…
§ 31465 “Additional contributions” means contributions made by members in addition to normal contributions under Section 31627.
§ 31466 “Accumulated additional contributions” means the sum of all additional contributions standing to the credit of a member’s individual account and regular…
§ 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”…
§ 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…
§ 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…
§ 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:…
§ 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…
§ 31469.4 “Safety member” means persons employed as probation officers, juvenile hall or juvenile home group counselors, and group supervisors who are primarily engaged…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 31470.2 (a) All sheriffs, undersheriffs, chief deputies sheriff, jailers, turnkeys, deputies sheriff, bailiffs, constables, deputies constable, motorcycle officers,…
§ 31470.25 (a) All sheriffs, undersheriffs, assistant sheriffs, chief deputy sheriffs, captains, lieutenants, sergeants, jailers, turnkeys, deputy sheriffs, bailiffs,…
§ 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…
§ 31470.4 All county foresters, county firewardens, deputies or assistant county foresters, deputies or assistant county firewardens, firefighters, fire apparatus…
§ 31470.5 Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call firemen, and firefighters whose principal duties clearly do not…
§ 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…
§ 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…
§ 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…
§ 31470.10 Notwithstanding Section 31470.2, all welfare fraud investigators and administrators budgeted within Orange County shall be eligible, regardless of which county…
§ 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…
§ 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…
§ 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…
§ 31470.14 (a) Local prosecutors, local public defenders, and local public defender investigators are eligible. (b) Except as provided in subdivision (c) and…
§ 31471 “Pension” means payments for life derived from contributions made from funds controlled by the board of supervisors, or from funds of a district.
§ 31471.5 “Recognized retiree organization” means an organization in which a majority of the members of the organization are retired members of the system and which the…
§ 31472 “Regular interest” means interest at 21/2 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…
§ 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…
§ 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…
§ 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…
§ 31479.1 (a) (1) Notwithstanding Section 31479, an elective or appointive county official may receive credit for service rendered as a city council member even though…
§ 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…
§ 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…
§ 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…
§ 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…
§ 31482 Notwithstanding any other provision of law, a participant in a deferred compensation plan established pursuant to Chapter 8 (commencing with Section 18310) of…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 31485.17 (a) In accordance with Section 401(a)(37) of Title 26 of the United States Code, if a member dies while performing qualified military service, as defined in…
§ 31485.18 (a) Notwithstanding any other provision of this chapter, in a county of the eighth class, as defined in Sections 28020 and 28029, as amended by Chapter 1204 of…
§ 31485.19 Notwithstanding any other provision of this chapter, the rights of each member to his or her accrued retirement benefits under the retirement system shall be…
§ 31485.20 Notwithstanding any other provision of this chapter, no amount shall be distributed from a retirement system established under this chapter prior to the time…
§ 31485.21 (a) A member who has not attained normal retirement age shall have a bona fide separation from service to the extent required by Section 401(a) of Title 26 of…
§ 31485.22 (a) A member who, while currently employed, has reached normal retirement age, as defined by the retirement system, and has met the benefit commencement…