31620-31630
GOVERNMENT CODE
SECTION 31620-31630
31620. The normal rates of contribution of members shall be based
on age at the nearest birthday at the time of entrance into the
retirement system.
Nothwithstanding any provisions of this chapter to the contrary,
separate rates of contribution, allowances, or benefits for male and
female members shall not be maintained or established.
31621. The normal rates of contribution except for members covered
by Article 6.8 shall be such as will provide an average annuity at
age 60 equal to one one-hundred-twentieth of the final compensation
of members not covered by Article 6.8, according to the tables
adopted by the board of supervisors, for each year of service
rendered after entering the system.
31621.1. In counties adopting Section 31676.11 the normal rates of
contribution except for members covered by Article 6.8 shall be such
as will provide an average annuity at age 55 equal to 1/120 of the
final compensation of members not covered by Article 6.8, according
to the tables adopted by the board of supervisors for each year of
service rendered after entering the system.
31621.2. In counties adopting Section 31676.12, the normal rates of
contribution, except for members covered by Article 6.8 (commencing
with Section 31639) of this chapter, shall be such as will provide an
average annuity at age 60 equal to one one-hundredth of the final
compensation of members not covered by Article 6.8 according to
tables adopted by the board of supervisors, for each year of service
rendered after entering the system.
31621.3. In counties adopting Section 31676.11, 31676.13, or
31676.14, or adopting one of such sections and then subsequently
adopting another of such sections, the normal rate of contribution,
except for members covered by Article 6.8 (commencing with Section
31639) of this chapter shall be such as will provide an average
annuity at age 55 equal to one two-hundred-fortieth of the final
compensation of members not covered by Article 6.8, according to the
tables adopted by the board of supervisors, for each year of service
rendered after entering the system.
This section may be made applicable in such counties on the first
day of the month after the board of supervisors of such county
adopts, by majority vote, a resolution providing that this section
shall become applicable in such county.
31621.4. The normal rates of contribution except for members
covered by Article 6.8 shall be such as will provide an average
annuity at age 60 equal to one two-hundred-fortieth of the final
compensation of members not covered by Article 6.8 (commencing with
Section 31639) of this chapter, according to the tables adopted by
the board of supervisors, for each year of service rendered after
entering the system.
This section may be made applicable in such counties on the first
day of the month after the board of supervisors of such county
adopts, by majority vote, a resolution providing that this section
shall become applicable in such county.
31621.5. In counties adopting Section 31676.12, the normal rates of
contribution, except for members covered by Article 6.8 (commencing
with Section 31639) of this chapter, shall be such as will provide an
annual annuity at age 60 equal to one two-hundredth of the final
compensation of members not covered by Article 6.8, according to
tables adopted by the board of supervisors, for each year of service
rendered after entering the system.
This section may be made applicable in such counties, on the first
day of the month after the board of supervisors of such county
adopts, by majority vote, a resolution providing that this section
shall become applicable in such county.
31621.6. In counties adopting Section 31676.15, the normal rates of
contribution, except for members covered by Article 6.8 (commencing
with Section 31639) of this chapter, shall be such as to provide an
average annuity at age 55 equal to one one-hundredth of the final
compensation of members not covered by Article 6.8, according to the
tables adopted by the board of supervisors, for each year of service
rendered after entering the system.
31621.7. The normal rates of contribution for members covered by
Section 31751 shall be such as will provide an average annuity at age
55 equal to one-three hundredth of the member's final compensation,
according to the tables adopted by the board of supervisors, for each
year of service rendered after entering the system.
Until revised pursuant to Sections 31453 and 31454, the normal
rate of contribution of each member is that percentage of the member'
s earnable compensation, shown in the following table according to
the member's age at the time of entry into the retirement system:
Age of entry Percentage
into system of contribution
16......................... 2.93
17......................... 2.93
18......................... 2.93
19......................... 2.93
20......................... 2.93
21......................... 2.93
22......................... 2.93
23......................... 2.94
24......................... 2.94
25......................... 2.95
26......................... 2.96
27......................... 2.97
28......................... 2.98
29......................... 3.00
30......................... 3.02
31......................... 3.04
32......................... 3.06
33......................... 3.08
34......................... 3.10
35......................... 3.12
36......................... 3.15
37......................... 3.17
38......................... 3.20
39......................... 3.22
40......................... 3.25
41......................... 3.28
42......................... 3.31
43......................... 3.34
44......................... 3.37
45......................... 3.40
46......................... 3.43
47......................... 3.46
48......................... 3.50
49......................... 3.54
50......................... 3.57
51......................... 3.61
52......................... 3.65
53......................... 3.69
54 and over................ 3.72
31621.8. In counties adopting Section 31676.17, 31676.18, or
31676.19, the normal rates of contribution, except for members
covered by Article 6.8 (commencing with Section 31639), shall be
rates that provide an average annuity at the age of 55 years equal to
one one-hundredth of the final compensation of members not covered
by Article 6.8, according to the tables adopted by the board of
supervisors, for each year of service rendered after entering the
system.
31621.9. In counties adopting Section 31676.14, the normal rates of
contribution, except for members covered by Article 6.8 (commencing
with Section 31639), shall be that which will provide an average
annuity at age 55 equal to 1/120 of the final compensation of members
not covered by Article 6.8 (commencing with Section 31639),
according to the tables adopted by the board of supervisors, for each
year of service rendered after entering the system.
This section may be made applicable in counties on the first day
of the month after the board of supervisors of the county adopts, by
majority vote, a resolution adopting this section.
This section shall apply only to a county of the 10th or 20th
class, as provided by Sections 28020, 28031, and 28041.
31621.11. Instead of the normal rates of contribution required by
Section 31621, 31621.1, 31621.2, or 31621.8 the board may, upon
actuarial advice, establish a single rate of contributions applicable
to all persons becoming members after this section is made operative
in that county by the board. However, this rate shall be such as to
provide the average annuity described in Section 31621, 31621.1,
31621.2, or 31621.8.
31622. Until revised pursuant to Sections 31453 and 31454, the rate
of contribution of each member not covered by Article 6.8 is that
percentage of his earnable compensation shown in the following tables
according to age and sex at the time of entry into the retirement
system:
Percentage Percentage
Age of
entry of con- of con-
into system tribution, tribution,
Male Female
16................ 6.55 7.02
17................ 6.59 7.07
18................ 6.63 7.13
19................ 6.67 7.19
20................ 6.71 7.25
21................ 6.75 7.31
22................ 6.80 7.38
23................ 6.85 7.45
24................ 6.90 7.52
25................ 6.96 7.61
26................ 7.01 7.69
27................ 7.07 7.78
28................ 7.14 7.87
29................ 7.20 7.96
30................ 7.27 8.06
31................ 7.34 8.16
32................ 7.42 8.26
33................ 7.49 8.37
34................ 7.58 8.48
35................ 7.66 8.58
36................ 7.75 8.69
37................ 7.84 8.80
38................ 7.93 8.92
39................ 8.02 9.03
40................ 8.12 9.15
41................ 8.22 9.27
42................ 8.33 9.38
43................ 8.43 9.51
44................ 8.54 9.63
45................ 8.64 9.75
46................ 8.75 9.88
47................ 8.86 10.00
48................ 8.97 10.13
49................ 9.08 10.26
50................ 9.20 10.39
51................ 9.31 10.52
52................ 9.42 10.65
53................ 9.54 10.79
54................ 9.65 10.93
55................ 9.76 11.07
56................ 9.88 11.21
57................ 10.00 11.35
58................ 10.12 11.49
59................ 10.25 11.64
60................ _____ _____
31623. The normal rate of contribution established for age 59 is
the rate for any member not covered by Article 6.8 who has attained a
greater age before entrance into the retirement system, and that
established for age 16 is the rate for any member not covered by
Article 6.8 who enters the retirement system at a lesser age.
31625. Except as provided in Section 31625.1, unless otherwise
provided by the regulations of the board the contribution shall be
deducted by the county auditor or other officer charged with the duty
of drawing salary or wage warrants from the first salary or wage
warrant drawn in each month in favor of each member and shall be paid
to the county treasurer and placed to the credit of each individual
member's account.
31625.1. In those counties in which salary or wage warrants are
drawn semimonthly, not to exceed one-half the contribution shall be
deducted by the county auditor or other officer charged with the duty
of drawing salary or wage warrants from the first salary or wage
warrant drawn in each month in favor of each member, and not to
exceed one-half of such deduction shall be deducted from the second
salary or wage warrant drawn in each month in favor of each member.
Such deductions shall be paid to the county treasurer and placed to
the credit of each individual member's account.
31625.2. (a) Notwithstanding any other provisions of this chapter,
contributions shall not be deducted from the salary of any member
having credit for 30 years' service providing the member was a member
on March 7, 1973, and remained in membership continuously until
credited with 30 years' service.
(b) Notwithstanding subdivision (a), contributions shall not be
deducted from the salary of any member having credit for 30 years' of
continuous service in the retirement association of a county of the
seventh class as established by Sections 28020 and 28028.
31625.3. Notwithstanding any other provision of this chapter,
contributions shall not be deducted from the salary of any member who
was a member before or after March 7, 1973, of the retirement
association, another county retirement system established under this
chapter, or the Public Employees' Retirement System, and has total
reciprocal service credit of not less than 30 years in the retirement
association, or in the retirement association and another county
retirement system established under this chapter, or the Public
Employees' Retirement System, or a combination thereof.
This section shall not apply in any county unless and until it is
adopted by a majority vote of the board of supervisors.
31626. 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 members during the period covered
by such payment, except the benefits afforded by this chapter.
31627. Subject to the regulations prescribed by the board, any
member may elect to make additional contributions at rates in excess
of his or her normal contributions, for the purpose of providing
additional benefits. The exercise of this privilege by a member does
not require the county or district to make any additional
contributions. Upon application, the board shall furnish to the
member information concerning the nature and amount of additional
benefits to be obtained by the additional contributions.
31627.1. A member who has additional contributions under Section
31627 of the Government Code, or under Section 31504 of the
Government Code, may, within 30 days prior to retirement, elect in
writing to have all or any part of his accumulated additional
contributions returned to him. The portion returned shall not be
included in the calculation of the member's annuity.
31627.2. In any county in which the provisions of Section 31676.1
apply, any member who has additional contributions under Section
31504 of the Government Code, or under Section 31627 of the
Government Code, may elect in writing to have all or any part of his
accumulated additional contributions returned to him. The portion
returned shall not be included in the calculation of the member's
annuity. The board may order payment in whole or in part withheld for
a period not to exceed 90 days after receipt of such written
election.
31627.6. Whenever any member elects to receive credit for any time
during which he was employed by a district and was not a member,
under any provision of this chapter, such district shall make an
additional appropriation equal to the amount which it would have
appropriated had such member been a member during the time for which
he has elected to obtain credit.
31628. If the service of a member is discontinued other than by
death or retirement, upon proper application submitted to the
retirement board, he or she shall be paid all of his or her
accumulated contributions, in accordance with this chapter, minus a
withdrawal charge, if a withdrawal charge has been provided for by
the regulations of the board. The board may order payment in whole or
in part withheld for a period not to exceed six months after date of
separation. If a member does not file the proper application, the
board shall send to the member, not more than 90 days after
termination of service, at his or her last known address, a
registered or certified letter, return receipt requested, stating
that he or she has money to his or her credit on the books of the
retirement system and that if he or she does not claim the money
within 10 years after date of notice, in the case of persons first
employed before January 1, 1976, or within five years in the case of
persons first employed on and after January 1, 1976, the money will
be deposited in and become a part of the current pension reserve
fund.
31629. If a former member does not file proper application for the
return of his accumulated contributions within five years after date
of such notice to him, such accumulated contributions shall be
deposited in and become a part of the current pension reserve fund,
and thereafter the fund shall not be liable to such member for any
portion of his accumulated contributions.
However, notwithstanding the fact that such an application has not
been filed, the board of retirement may, in its sound discretion
authorize the return of any deposit account 90 days after the 90-day
notice referred to in Section 31628, provided that the former
employee had less than five years' service credit with the county.
No return of any deposit account may be made by mail pursuant to
this section unless the letter provided for in Section 31628 was
receipted for by the former member and the signed receipt is in the
possession of the board of retirement or the county treasurer.
The amendment of this section enacted during the 1975-76 Regular
Session shall be effective with respect to persons first becoming
members of a retirement system on and after January 1, 1976.
31629.5. (a) Notwithstanding Sections 31628 and 31629, on and after
January 1, 2003, a member who is credited with less than the number
of years of service required for vesting shall have the right to
elect to leave accumulated contributions on deposit in the retirement
fund. Failure to make an election to withdraw accumulated
contributions shall be deemed an election to leave accumulated
contributions on deposit in the retirement fund.
(b) An election to allow accumulated contributions to remain in
the retirement fund may be revoked by the member at any time except:
(1) while the member is employed in county service in a position in
which the member is not excluded from membership in this system with
respect to that service; (2) while the member is in service as a
member of a public retirement system supported, in whole or in part,
by state funds; or (3) while the member is in service, entered within
six months after discontinuing county service, as a member of a
reciprocal retirement system. All accumulated contributions
contributed up to the time of revocation may then be withdrawn.
(c) A member whose membership continues under this section is
subject to the same age, service, and disability requirements that
apply to other members for service or disability retirement. After
the qualification of the member for retirement by reason of age,
which shall be the lowest age applicable to any membership category
in which the member has credited service, or disability, the member
shall be entitled to receive a retirement allowance based upon the
amount of the member's accumulated contributions and service standing
to the member's credit at the time of retirement and on the employer
contributions held for the member and calculated in the same manner
as for other members.
(d) Service, solely for purposes of meeting minimum service
qualifications for service or disability retirement, shall also
include service credited as an employee of a reciprocal system when
the member retires concurrently from all reciprocal retirement
systems. A member whose combined service from all reciprocal
retirement systems does not meet the minimum service qualifications
may not receive a service or disability retirement from this system.
(e) Notwithstanding Section 31467, for purposes of this section,
"accumulated contributions" means the sum of all member contributions
standing to the credit of a member's individual account, and
interest thereon.
31630. Notwithstanding any other provisions in this chapter, the
South Coast Air Quality Management District and in any county which
has adopted Section 31676.1, 31676.11, 31676.12, 31676.13, 31676.14,
31676.15, or 31751, the board of supervisors or district board, as
the case may be, may agree to pay any portion of the members' normal
contributions to the system. All the contributions paid by the county
or district, as the case may be, shall remain its contributions, and
no right therein shall accrue to any employee prior to the employee'
s election to take a regular, deferred, or disability retirement.
Any contributions paid by the board of supervisors or the district
board on behalf of the members shall be as determined by upon
actuarial advice, and approved by the board of retirement.