CHAPTER 4. County Peace Officers Retirement Law [31900. - 32063.]

Chapter 4 added by Stats. 1947, Ch. 424.

§§ 31900–32063 · 82 sections

1. ARTICLE 1. General §§ 31900–31913 · 15 sections

   • § 31900 This chapter may be cited as the County Peace Officers’ Retirement Law.
   • § 31901 The purpose of this chapter is to recognize a public obligation to employees in the public service whose duties expose them to more than ordinary risks and to…
   • § 31902 This chapter shall be given a liberal interpretation with a view of carrying out its purpose and shall not be construed as a local measure or one intended as a…
   • § 31903 Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter.
   • § 31904 “County peace officers” includes: (a) All sheriffs, undersheriffs, chief deputy sheriffs, jailers, turnkeys, deputy sheriffs, bailiffs, process servers,…
   • § 31904.5 “County peace officers” also includes detectives and investigators in the office of the district attorney whose duties are substantially similar to those of…
   • § 31905 “Terminal salary” means the average salary earnable by any member during (a) the last three years, or (b) the last five years prior to the date of his…
   • § 31906 “Pensioner” means a retired peace officer who is entitled, because of his former service as a member, to receive a pension pursuant to this chapter.
   • § 31907 “Member” means any person included in the membership of the system who has not retired and is not receiving any pension or other benefits provided by the…
   • § 31908 “Beneficiary” means any person in receipt of a pension, or other benefit provided by the retirement system.
   • § 31909 “System” means the retirement system provided for in this chapter or its predecessor. The retirement system for county peace officers created by Chapter 268 of…
   • § 31910 “Board” means the board of retirement.
   • § 31911 “Fund” means the County Peace Officers’ Retirement Fund.
   • § 31912 The title to all property acquired pursuant to this chapter shall be taken in the name of the county. The title to any money which becomes due to any peace…
   • § 31913 That portion of the wages of any peace officer deducted or to be deducted under this chapter, the right of a peace officer or other person to an annuity or…
2. ARTICLE 2. Retirement System §§ 31930–31932 · 3 sections

   • § 31930 This chapter shall become effective in any county upon its acceptance by ordinance passed by four-fifths vote of its board of supervisors, and becomes…
   • § 31931 By the adoption of an ordinance by a four-fifths (4/5) vote, the board of supervisors may abolish the system theretofore established in the county pursuant to…
   • § 31932 If the system is abolished in any county, each active member as of the date of the abolishment shall be paid a refund of all contributions made by him to the…
3. ARTICLE 3. Retirement Board §§ 31950–31967 · 18 sections

   • § 31950 The management of the system is vested in a board of retirement, consisting of five members, one of whom shall be the county treasurer acting in an exofficio…
   • § 31951 The first persons elected or appointed as the second and fourth members shall serve for two years from the date the system becomes operative, and the third and…
   • § 31952 Neither the enactment of this chapter nor any amendment of its predecessor shortens the term of any member of the board who was lawfully elected or appointed,…
   • § 31953 A pensioner is eligible for membership on the board to the same extent as if he were a member.
   • § 31954 The members of the board, except the fourth and fifth members, shall serve without compensation. The fourth and fifth members of the board shall receive ten…
   • § 31955 The board shall organize by choosing one of its number as chairman. Thereafter the officers shall be chosen biennially by the board.
   • § 31956 The board shall meet for the transaction of business at least once every three months in each calendar year and at other times as it or a majority of its…
   • § 31957 A majority of the members may transact any business of the board.
   • § 31958 The board may compel witnesses to attend and testify before it upon all matters connected with the operation of this chapter in the same manner as is provided…
   • § 31959 The board may appoint a secretary and provide for the payment from the fund of all its necessary expenses, including secretary hire and printing.
   • § 31960 The board may make regulations not inconsistent with this chapter. The regulations shall become effective when approved by the board of supervisors.
   • § 31961 The board shall report annually in January to the board of supervisors the condition of the fund and the receipts and disbursements on account of the fund with…
   • § 31962 The board shall annually prepare a budget of the cost of maintaining the pension fund. For this purpose it may employ an actuary to assist it in preparing the…
   • § 31963 The board shall cause an actuarial investigation and valuation of the system to be made immediately after the first year of operation and thereafter at not to…
   • § 31964 After the receipt of the recommendations the board of supervisors shall promptly adjust the rate of interest, the rates of contributions of members, and county…
   • § 31965 The board has charge and control of the funds of the system, and shall administer them and order payments therefrom in accordance with this chapter.
   • § 31966 The board shall invest and reinvest the funds of the system, and may from time to time sell any securities held by it and invest and reinvest the proceeds…
   • § 31967 Whenever securities belonging to or held for the system are sold, the county treasurer shall deliver the securities sold upon receiving the proceeds and may…
4. ARTICLE 4. Membership §§ 31980–31985 · 6 sections

   • § 31980 The system established under this chapter or its predecessor is exclusive, and persons entitled to membership in this system shall not participate in any other…
   • § 31981 Except as provided in this article, all county peace officers shall be included in and be subject to this chapter on the first day of the calendar month…
   • § 31982 Any county peace officer may elect to be excluded from this chapter at any time within 30 days after it becomes operative in any county as to his position, or…
   • § 31983 In any county in which the predecessor of this chapter has become operative prior to August 4, 1943, the persons employed in positions included in the…
   • § 31984 Any person who is eligible to participate in this system and who is a member of or participant in, or is eligible for membership or participation in, any other…
   • § 31985 In any county in which the predecessor of this chapter has become operative prior to the effective date of this chapter, the persons employed in positions…
5. ARTICLE 5. Retirement Fund §§ 32000–32003 · 4 sections

   • § 32000 For the purpose of providing and maintaining a fund to meet the payments of demands drawn for the payment of pensions and the expenses of the board, a trust…
   • § 32001 All transfers or payments to the fund and all withdrawals and other cash transactions shall be accounted upon the books of the auditor and treasurer in and out…
   • § 32002 All warrants drawn on the fund shall be signed by the treasurer and at least one other member of the board, who shall be designated by the board. No warrant is…
   • § 32003 Payments provided for in this chapter shall be made monthly upon proper vouchers.
6. ARTICLE 6. Contributions §§ 32020–32040 · 21 sections

   • § 32020 The normal rates of contribution of members shall be based on age at the nearest birthday at the time of entrance into the system.
   • § 32021 The normal rates of contribution shall be such as will provide an average annuity at the lowest age at which the respective members are eligible for service…
   • § 32022 Until revised pursuant to Sections 31963 and 31964, the rate of contribution of each member is that percentage of the salary actually paid to him, disregarding…
   • § 32023 The normal rate of contribution established for age 40 is the rate for any member who has attained a greater age before entrance into the system, and that…
   • § 32024 The rate of contribution of any member shall apply only to so much of the salary actually paid to him, plus the monetary value as determined by the board of…
   • § 32025 Payment of salaries and wages less the contribution is full and complete discharge and acquittance of all claims and demands whatsoever for service rendered by…
   • § 32026 Upon election by any person to come within this chapter, any sums due him or to his credit under any other system shall be transferred to this system to his…
   • § 32027 Upon election by any person to come within this chapter any sums due him under any other system shall be paid to him as in the case of separation from the…
   • § 32028 Any person electing to come within this chapter who elects to secure credit for prior service as a county peace officer under this chapter, if he has to his…
   • § 32029 The board of supervisors shall determine and appropriate each year an amount sufficient, together with the contributions of the peace officers, to meet all of…
   • § 32030 The board of supervisors may appropriate an additional amount, not to exceed the sum which would result from a tax levy on all of the property in the county…
   • § 32031 In the preparation and adoption of the county budget, the board of supervisors shall add to and include in the appropriation for salaries and wages an…
   • § 32032 The county auditor shall certify to the board of supervisors at the end of each month the total amount of contributions paid by members to the fund, and the…
   • § 32033 All contributions and deposits shall bear simple interest at a rate to be fixed by the board of retirement with the approval of the board of supervisors, not…
   • § 32034 If any officer or employee of the county or of any district not previously included within the field of membership in the system is brought within the field of…
   • § 32035 Any member who enters or has entered the armed forces of the United States after June 1, 1940, during war or national emergency proclaimed by the President or…
   • § 32036 If any member of the system is separated from the service of the county before retirement for any cause other than for death or permanent disability, any…
   • § 32037 Upon the death before retirement of any member from any cause other than injury received during the performance of his duty or sickness caused by the discharge…
   • § 32038 If any member is compelled to be absent from his employment because temporarily incapacitated for the performance of duty as the result of injury or disease…
   • § 32039 Notwithstanding the provisions of this article, the board of supervisors may elect to contribute for each member of this system who has entered the armed…
   • § 32040 If the board of supervisors elects to contribute as provided in Section 32039: (a) Any such member who exercises or did exercise the right to contribute to the…
7. ARTICLE 7. Benefits §§ 32050–32063 · 15 sections

   • § 32050 The board shall, upon application of a member who has served for 20 years or more in the aggregate as a county peace officer, and who has attained age 55, and…
   • § 32050.5 In computing the time of service of any county peace officer as defined in Section 31904, subdivision (a), there shall be included all time served as a…
   • § 32051 Any person retiring for service shall receive a pension payable in monthly installments during his lifetime, equal to one-half of his terminal salary, not to…
   • § 32052 After 20 years of service any motorcycle police officer may be retired by the board for service, if in the judgment of three physicians appointed by the board…
   • § 32053 Any member shall be retired for disability regardless of age or amount of service, if incapacitated for the performance of duty as the result of an injury or…
   • § 32054 If a member who has served 15 years or more develops heart trouble, it shall be presumed in any proceeding under this chapter, by the board and by the court,…
   • § 32055 Upon retirement of a member for service connected disability, he shall receive an annual pension, payable in monthly installments, equal to one-half of his…
   • § 32056 Whenever any member or pensioner is killed, or dies as a result of any injury received during the performance of his duty, or from sickness caused by the…
   • § 32057 Upon retirement of a member for nonservice connected disability, he shall receive an annual pension, payable in monthly installments, dependent upon the…
   • § 32058 The board may require any pensioner retired for disability, under age 50, to undergo medical examination. The examination shall be made by a physician,…
   • § 32059 If the board determines that the pensioner is not so incapacitated, his pension shall be canceled forthwith, and pursuant to regulations adopted by the county…
   • § 32060 If a pension is canceled, there shall be immediately paid to the pensioner out of the fund the amount of his accumulated contributions as of the date of his…
   • § 32061 If the pensioner reenters county service and is eligible for membership in this system, his rate of contribution for future years is that established for his…
   • § 32062 At any time before the first payment of any pension is made, a member or pensioner may elect to receive the actuarial equivalent at that time of his pension in…
   • § 32063 Any member may file with the board a written statement nominating one or more beneficiaries, jointly, contingently, or both. If joint beneficiaries are named,…