31640-31658
GOVERNMENT CODE
SECTION 31640-31658
31640. "County service" means the employment of a person by a
county, district, municipal court, or superior court.
31640.5. Where service for which a member receives credit, either
prior to or during membership, is on a tenure which is temporary,
seasonal, intermittent, or part time only, the member shall receive
credit as continuous service for that proportion of the time he or
she held the position as the time he or she actually was engaged in
the performance of the duties of the position bears to the time
required to perform the same duties in a full-time position.
A "year of service" in the position shall be construed to mean the
time during which the member has earned one full year of credit,
calculated as provided in this section.
31640.7. (a) A member of a retirement system shall not receive
credit for service or contributions for credit for service in
violation of the prohibitions provided in Section 23007.5 or 50033.
(b) Nothing in this section shall prohibit an elective officer
from purchasing service credit pursuant to Section 31658.
31641. "Service" means uninterrupted employment of any person
appointed or elected for that period of time:
(a) For which deductions are made from his earnable compensation
from the county or district for such service while he is a member of
the retirement association.
(b) In military service for which the county or district or member
is authorized by other provisions of this chapter to make, and does
make, contributions.
(c) For which he receives credit for county service or for public
service or for both pursuant to the provisions of this article.
(d) Allowed for prior service.
31641.01. In any county of the eighth or ninth class as established
in Sections 28020, 28029 and 28030 as amended by Chapter 1204 of the
Statutes of 1971, the board of supervisors may provide by ordinance
that each member shall be credited, at the rate of one day for each
one day earned, with sick leave accumulated as of the date of his
retirement and that sick leave credit shall be in addition to service
credit. The additional cost to the retirement system shall be borne
by the county or district.
31641.02. In any county of the third class as established in
Section 28024, the board of supervisors may provide by ordinance that
members specified in the ordinance shall be credited, for up to the
full amount of sick leave accumulated as of the date of their
retirement, and that sick leave credit shall be in addition to
service credit. The additional cost to the retirement system shall be
borne by the county or district.
31641.03. In any county the board of supervisors may provide by
ordinance that members specified in the ordinance shall be credited,
for up to 100 percent of sick leave accumulated as of the date of
their retirement, and that sick leave credit shall be in addition to
service credit. The additional cost to the retirement system shall be
borne by the county or district.
This section shall not apply to members who are employed by a
district unless the governing board of the district provides by
resolution for its application to such members.
31641.04. (a) When the board of supervisors, by resolution,
determines that because of an impending curtailment of service or
change in the manner of performing service, savings of money, or
other economic benefit resulting to the county, the best interests of
the county would be served, a member shall be eligible to receive
additional service credit if the following conditions exist:
(1) The member is employed in a job classification, county
department, or other county organizational unit included in the
resolution adopted by the board of supervisors.
(2) The member retires on or between dates specified by the board
of supervisors in its resolution. In no event shall the specified
period exceed 180 days.
(3) The county transmits to the retirement fund an amount
determined by the board of retirement which is equal to the actuarial
equivalent of the difference between the allowance the member
receives after the receipt of service credit under this section and
the amount he would have received without such service credit. The
transfer to the retirement fund shall be made in a manner and time
period acceptable to the county and the board of retirement.
(b) The amount of service credit shall be that amount as the board
of supervisors determines but shall not be more than two years
regardless of credited service and shall not exceed the number of
years intervening between the date of the member's retirement and the
date the member would be required to be retired because of age.
(c) A county which elects to make the payment prescribed by
subdivision (a) shall make such payment with respect to all eligible
employees who retire during the period specified by the board of
supervisors.
(d) This section shall not be applicable to any member otherwise
eligible if such member receives any unemployment insurance payments
during the period six months prior to the period specified pursuant
to subdivision (a). This section shall not be applicable to any
member if the member is not eligible to retire without the additional
credit available under this section.
(e) This section shall not be applicable in any county until it is
adopted by ordinance of the board of supervisors. Any county may
adopt or readopt this section from time to time as conditions may
warrant. This section shall not be applicable in any district whose
employees are members of the system pursuant to Section 31557 until
it is adopted by ordinance by the governing body of the district. Any
district whose employees are members of the system pursuant to
Section 31557 may adopt or readopt this section from time to time as
conditions warrant.
(f) Any member who qualifies under this section upon subsequent
reentry to county employment shall forfeit the service credit
acquired under this section, unless the reentry is a result of a
temporary callback limited to a maximum of 720 hours of service in
any one year.
(g) This section shall not be subject to the provisions of Chapter
10 (commencing with Section 3500) of Division 4 of Title 1.
31641.05. (a) Notwithstanding Section 31641.04 or any other
provision of this part, for only the 1994-95, 1995-96, 1996-97,
1997-98, and 1998-99 fiscal years, when the board of supervisors, by
resolution, determines that because of an impending curtailment of
service or change in the manner of performing service, savings of
money, or other economic benefit resulting to the county, the best
interests of the county would be served, a member shall be eligible
to receive additional service credit if all of the following
conditions exist:
(1) The member is employed in a job classification, county
department, or other county organizational unit included in the
resolution adopted by the board of supervisors.
(2) The member is credited with 10 or more years of service and
retires on or between dates specified by the board of supervisors in
its resolution. In no event shall the specified period exceed 120
days.
(3) The county transmits to the retirement fund an amount
determined by the board of retirement that is equal to the actuarial
equivalent of the difference between the allowance the member
receives after the receipt of service credit under this section and
the amount he or she would have received without that service credit.
The transfer to the retirement fund shall be made in a manner and
time period acceptable to the county and the board of retirement.
However, the payment period shall not exceed five years.
(b) The amount of service credit shall be the amount that the
board of supervisors determines, but shall not be more than four
years regardless of credited service and shall not exceed the number
of years intervening between the date of the member's retirement and
the date the member would be required to be retired because of age
and shall not be combined with any additional service credit granted
under Section 31641.04.
(c) The resolution described in subdivision (a) shall either
identify sufficient deleted positions whose total cost equals or
exceed the lump-sum actuarial cost of the additional service credit
granted or proclaim that all positions vacated due to the additional
service credit granted pursuant to this section shall remain vacant
for at least five years and until the lump-sum actuarial cost of the
additional service credit granted has been recaptured from position
vacancy salary savings.
(d) The board of supervisors shall certify to the board of
retirement the extent to which savings will exceed necessary payments
to the board of retirement, and the specific measures to be taken to
assure that outcome. The board of retirement may require the board
of supervisors to provide verification of its certification through
independent review.
(e) At the time the county has achieved savings that are more than
adequate to meet necessary payments to the board of retirement, or
five years after commencement of the retirement period specified in
paragraph (2) of this section, whichever occurs first, the board of
supervisors shall certify to the retirement board the amount of
actual savings and the measures taken to achieve the savings. The
board of supervisors shall maintain records for each worker retiring
pursuant to this section. The board of retirement may require the
board of supervisors to provide verification of its certification
through independent review. The board of supervisors shall report
these certifications to the Controller, who should summarize the cost
and savings information therein in his or her annual report prepared
pursuant to Sections 7501 through 7504. The Controller shall perform
a postaudit to verify that the savings equal or exceed the lump-sum
actuarial cost of the additional service credit granted pursuant to
this section. The county shall pay the cost of the postaudit.
(f) A county that elects to make the payment prescribed by
subdivision (a) shall make the payment with respect to all eligible
employees who retire during the period specified by the board of
supervisors.
(g) This section shall not be applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
during the period six months prior to the period specified pursuant
to subdivision (a). This section shall not be applicable to any
member if the member is not eligible to retire without the additional
credit available under this section.
(h) This section shall not be applicable in any county until it is
adopted by ordinance of the board of supervisors. Any county may
adopt or readopt this section from time to time as conditions
warrant.
(i) Any member who qualifies under this section upon subsequent
reentry to county employment shall forfeit the service credit
acquired under this section, unless the reentry is a result of a
temporary callback pursuant to Section 31680.2, 31680.3, or 31680.6.
Any member who receives credit under this section shall not be
temporarily employed as an annuitant pursuant to Section 31680.2,
31680.3, or 31680.6 for five years following the date of retirement.
(j) The board of supervisors shall certify to the retirement board
that the county has complied with Section 7507.
(k) This section shall not be subject to Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1.
(l) No additional service credit shall be granted pursuant to this
section on or after July 1, 1999.
31641.1. A member who was in public service before becoming a
member may elect by written notice filed with the board to make
contributions pursuant to Section 31641.2 and to receive credit in
the retirement system for all allowed public service time. Credit for
part-time service shall be calculated as provided in Section
31641.5.
31641.2. Any member of the retirement system who elects pursuant to
Section 31641.1 to make contributions and receive credit as service
for time for which he or she claims credit because of public service
shall contribute to the retirement fund, prior to the effective date
of his or her retirement, by lump sum payment or by installment
payments over a period not to exceed five years, an amount equal to
the sum of:
(a) Twice the contributions he or she would have made to the
retirement fund if he or she had been a member during the same length
of time as that for which he or she has elected to receive credit as
service, computed by applying the rate of contribution first
applicable to him or her upon commencement of his or her membership
in this system to the monthly compensation first earnable by him or
her at the time as provided in Section 31641.3, multiplied by the
number of months for which he or she has elected to receive credit
for county service, including time, if any, prior to the
establishment of the system, and which will constitute current
service under this system.
(b) The "regular interest" that would have accrued to the member
contributions if they had been made on the date used to determine on
what earnable compensation contributions pursuant to this section
shall be based, from that date until the completion of payment of
those contributions, computed at the current interest rate.
(c) Except as prohibited by Section 31640.7, the governing body by
a four-fifths vote may provide that it shall make on behalf of
officers and employees eligible to receive credit for prior service
under this chapter, and who so elect prior to filing an application
for retirement, part of the contributions specified in paragraphs (a)
and (b) of this section. The contributions made by a governmental
agency pursuant to this section shall be available only for purposes
of retirement for service or for disability and a member resigning
from county service shall be entitled to withdraw only that portion
of his or her accumulated contributions made by him or her.
31641.20. Any member of the retirement system who elects pursuant
to Section 31641.1 to make contributions and receive credit as
service for time for which he or she claims credit because of public
service shall contribute to the retirement fund, prior to the
effective date of his or her retirement, by lump-sum payment or by
installment payments over a period not to exceed five years, an
amount equal to the sum of:
(a) Twice the contributions he or she would have made to the
retirement fund if he or she had been a member during the same length
of time as that for which he or she has elected to receive credit as
service, computed by applying the rate of contribution at the time
of the election to the monthly compensation earnable by him or her at
the time of the election pursuant to Section 31641.1, multiplied by
the number of months for which he or she has elected to receive
credit for county service, including time, if any, prior to the
establishment of the system, and which will constitute current
service under this system.
(b) The "regular interest" which would have accrued to the member
contributions if they had been made on the date used to determine on
what earnable compensation contributions pursuant to this section
shall be based, from that date until the completion of payment of
those contributions, computed at the current interest rate.
(c) The governing body by a four-fifths vote may provide that it
shall make on behalf of officers and employees eligible to receive
credit for prior service under this chapter, and who so elect prior
to filing an application for retirement, part of the contributions
specified in paragraphs (a) and (b) of this section. The
contributions made by a governmental agency pursuant to this section
shall be available only for purposes of retirement for service or for
disability and a member resigning from county service shall be
entitled to withdraw only that portion of his or her accumulated
contributions made by him or her.
(d) This section shall only apply in counties of the third class,
as established by Sections 28020 and 28024, as amended by Chapter
1204 of the Statutes of 1971, but it shall not apply in those
counties unless and until it is adopted by a majority vote of the
board of supervisors.
31641.21. Regular interest computed at the current interest rate as
used in subdivision (b) of Section 31641.2 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 contribution required by that section had been on
deposit from the date used to determine the earnable compensation on
which such contributions are based until the amount required to be
deposited has been paid.
31641.3. In Section 31641.2 compensation first earnable shall be
that earnable by the member at the time of the commencement of his
membership in the retirement system, except that if a member who,
prior to January 1, 1952, was a member of any retirement system in
the same county which was superseded by a system established under
this act, if such member so requests, the compensation first earnable
by him at the later of the following times shall be used:
(a) The commencement of his membership in such superseded
retirement system.
(b) The date on which this retirement system first became
operative.
31641.4. A member shall receive credit for employment in public
service only for such service as he is not entitled to receive a
pension or retirement allowance from such public agency. The service
for which he elects to contribute and the fact that no pension or
retirement allowance will accrue to such member by virtue of his
employment in such public agency must be certified to by an officer
of the public agency where he rendered such public service or must be
established to the satisfaction of the board.
Notwithstanding any other provision of law, a safety member who
receives credit for prior employment in public service, the principal
duties of which consisted of active law enforcement or active fire
suppression, or active service in the armed services of the United
States during time of war or national emergency, shall have his
pension or retirement allowance for such service calculated on the
same basis as the calculation of the retirement allowance such member
would receive as a safety member under Section 31664.
A safety member who entered the service as a peace officer prior
to the establishment of the safety membership provisions in his
county shall be considered a safety member from his initial hiring
date, for the purposes of this section, notwithstanding any other
provision of law.
31641.45. Whenever a member is entitled to redeposit funds
previously withdrawn from a retirement system and thereby becomes
eligible to receive a pension or retirement allowance for the service
for which he was granted public service credit as authorized in
Section 31641.1, regardless of whether or not the member elects to
exercise such entitlement, the member shall be refunded the amount
deposited by him in accordance with Section 31641.2 plus interest
which has been credited to such amount and shall receive no credit in
the system for such service.
This section applies only to a member who would be eligible to
receive the benefit of Section 31835 or 20023.1 on making the
redeposit.
31641.5. A member who prior to his entrance into the retirement
system held a position in the county service the tenure of which was
such as to exclude him from membership, or a coroner, public
administrator or coroner-public administrator who was excluded
because of the means by which he was compensated, shall have the
right to receive credit in the retirement association for all or any
part of the county service he rendered, whether interrupted or not,
during the time he was in county service before becoming a member if
he elects to pay, and thereafter pays, in accordance with such
election, and prior to retirement, into the retirement fund an amount
equal to the contributions he would have made to the retirement fund
if he had been a member during the time for which he has elected to
receive credit, computed by applying the contribution rate first
applicable to him upon becoming a member to the aggregate
compensation he actually received during the time he was in county
service and for which he has elected to receive credit, together with
interest at the current rate on that amount from the time he became
a member until completion of payment. Such payment may be made by
lump sum or by installment payments over a period not to exceed the
length of time for which the member has elected to receive credit, in
such manner and at such times as the board may by rule prescribe. No
member shall receive credit under this section for any service for
which he has not completed payment pursuant to this section before
the effective date of his retirement. A member who has elected to
make such payment in installments may complete payment thereof by
lump sum at any time prior to the effective date of his retirement.
Any sums paid by a member pursuant to this section shall be
considered to be and administered as normal contributions by the
member.
Where county service prior to membership was rendered on a
part-time basis, the member may receive credit for such proportion of
the time he held the part-time position as the time he was actually
engaged in the performance of the duties of such position bears to
the time required to perform the same duties in a full-time position.
A member who elects to receive credit for only a part of such
county service shall elect that county service latest in time and may
not receive credit for any portion of such county service prior in
time to any county service for which he does not elect to receive
credit.
31641.51. "Interest at the current rate" means 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 contribution required by that section had been on
deposit from the time he became a member of the system until the
amount required to be deposited has been paid.
31641.55. (a) A member described in Section 31470.4 who was in
public service before becoming a member, and that service was
terminated as a consequence of the closure, downsizing, or
realignment of a federal military installation, may elect by written
notice filed with the board to make contributions pursuant to
subdivision (b) and to receive credit in the retirement system for
all allowed public service time.
(b) Any member described in subdivision (a) who elects pursuant to
subdivision (a) to make contributions and receive service credit for
time for which he or she claims credit because of public service
shall contribute to the retirement fund, prior to the effective date
of his or her retirement, by lump-sum payment or by installment
payments over a period not to exceed 10 years, an amount equal to the
sum of the following:
(1) The contributions he or she would have made to the retirement
fund if he or she had been a member during the same length of time as
that for which he or she has elected to receive service credit,
computed by applying the rate of contribution first applicable to him
or her upon commencement of his or her membership in this system to
the monthly compensation first earnable by him or her at the time,
multiplied by the number of months for which he or she has elected to
receive service credit for public service.
(2) Interest at the current rate, as defined in Section 31641.51,
from the date of his or her first membership in the system until the
completion of payment of those contributions.
(c) The governing body by a majority vote may provide that it
shall make part of the contributions specified in paragraphs (1) and
(2) of subdivision (b) on behalf of its members eligible to receive
credit for public service under this section who so elect prior to
filing an application for retirement.
(d) A member who has elected to make the payment in installments
may complete payment by lump sum at any time prior to the effective
date of his or her retirement. Any contributions made by a member
pursuant to this section shall be considered and administered as
normal contributions by the member.
(e) For purposes of this section, the following definitions shall
apply:
(1) Notwithstanding Section 31478, "public agency" means the
United States of America, this state, or any department or agency of
either, or any city, county, city and county, special district, or
other public or municipal corporation or political subdivision that
is within this state or is situated in whole or in part within a
county.
(2) Notwithstanding Sections 31479, 31479.2, and 31479.3, "public
service" means service as a permanent career civilian federal
firefighter or permanent career state firefighter in a position whose
principal duties consist of active fire suppression or law
enforcement, for which the officer or employee received compensation
from the public agency, 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 becomes a member of this
system.
(f) This section shall apply only to a county or district
beginning on the first day of the month after the board of
supervisors for that county or the governing body of a district
adopts a resolution, by majority vote, that provides that this
section shall apply to the county or district.
31641.56. A member who returns to county service after having been
on deferred status while rendering county service in a position
excluded from membership, shall have the right to receive credit in
the retirement association for all or any part of the county service
he or she rendered during the time he or she was on deferred status
if he or she elects to pay, and thereafter pays, in accordance with
the election, and prior to retirement, into the retirement fund an
amount equal to the contributions he or she would have made to the
retirement fund if he or she had not been on deferred status during
the time for which he or she has elected to receive credit, computed
by applying the contribution rate first applicable to him or her upon
returning to county service to the aggregate compensation he or she
actually received during the time he or she was in county service and
for which he or she has elected to receive credit, together with
regular interest on that amount from the time he or she was on
deferred status until completion of payment. The payment may be made
by lump sum or by installment payments over a period not to exceed
the length of time for which the member has elected to receive
credit, in the manner and at the times as the board may by rule
prescribe. No member shall receive credit under this section for any
service for which he or she has not completed payment pursuant to
this section before the effective date of his or her retirement. A
member who has elected to make payment in installments may complete
payment by lump sum at any time prior to the effective date of his or
her retirement. Any sums paid by a member pursuant to this section
shall be considered to be administered as normal contributions by the
member.
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 that county service for which
he or she does not elect to receive credit.
This section shall not be operative in any county until the time
that the board of supervisors shall, by resolution adopted by
majority vote, make the provisions of this section applicable in the
county.
31641.6. An employee of a city who has become a county employee
upon the assumption by the county of the functions of the city
department in which he was employed, may, if he is not covered by the
city under a contract with the Public Employees' Retirement System,
elect to receive credit in the county retirement system for service
for the city prior to the cessation of his employment by the city.
When such person elects to receive credit, membership in the
retirement system shall commence with the first day of the month in
which credit is granted.
Any such person shall be entitled to credit in the county
retirement system for service performed for the city when and if (a)
the board of retirement receives certification from the city of the
city service and earnable compensation of the employee; and (b) the
employee deposits into the employees' retirement system the amount of
contributions he would have made had he been a county employee
during his city employment; and (c) there is also deposited in the
employees' retirement system by the city, the employee, or both, the
amount that the county would have been required to deposit to the
employees' retirement fund based on the city salary paid to such
employee.
Upon deposit of such funds, the employee's age at entry shall be
considered to be his age at time of employment with the city or at
the time this chapter was effective in the county whichever is later.
Such money deposited under (b) above shall be considered as
accumulated normal contributions of the employee and any such money
deposited under (c) above shall be considered as contributions of the
employer county.
If all of the money called for under (b) above is not paid within
90 days after employment by the county, only the part of city
employment latest in date covered by such deposit shall be credited
and the age at entry and the amount under (c) above shall be adjusted
accordingly.
An employee shall receive credit for city employment prior to his
employment by the county only for such service for which he is not
entitled to receive a pension or retirement from such city.
This section shall become operative in any county on the first day
of the calendar month after the board of supervisors adopts by
four-fifths vote a resolution making it operative in the county.
31641.7. If the member is unable to furnish the information
necessary to establish his aggregate compensation for the period of
service for which he seeks credit pursuant to Section 31641.5, then
the rate of compensation applicable to him at the time he first
became a member of this system after the period to be credited shall
be used in making the computation required by Section 31641.5.
31641.8. Any member who has elected to make contributions pursuant
to this chapter by installment payments may, at any time prior to the
effective date of his retirement, complete payment thereof by lump
sum.
31641.9. All contributions made by a member, pursuant to Sections
31641.1, 31641.2, 31641.3 and 31641.4 shall be considered to be, and
shall be administered as, normal contributions but shall not be
matched by the county upon retirement of the member.
31641.95. Sections 31470.7, 31478, 31479, 31480, 31641.1, 31641.2,
31641.3, 31641.4, 31641.8, and 31641.9 may only be applicable in any
county or district on the first day of the month after the governing
board of such county or district adopts, by majority vote, a
resolution providing that those sections shall become applicable in
such county or district. Such resolution may limit the applicability
of such sections to any one or more of the public agencies as defined
by Section 31478.
At any time after such a resolution has been adopted, the
governing board of the county or district, by majority vote, may
adopt a further resolution declaring that from and after a future
date stated further in the resolution, the benefits of the resolution
described in the first paragraph of this section shall not be
available to any employees who are hired by the county or district
after that date.
31641.96. Notwithstanding any other provisions of this chapter,
Section 31641. 9 shall not be applicable to any county subject to the
provisions of Section 31676.1, 31676.11, 31676.12, 31676.13,
31676.14, or 31676.15.
31641.97. (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 adopts, by majority vote, a resolution
implementing this section.
(b) The purpose of this section is to authorize persons hired by
the county before January 1, 1993, and employed by the county on
December 31, 1992, to receive credit in the retirement system for
prior military service by contributing to the retirement system an
amount equal to the full cost, including interest, of the employee
and county liability for the additional credit.
(c) Notwithstanding any other provision of this chapter, an
eligible person must meet the following requirements in order to
receive credit for prior military service:
(1) The person must have been hired by the county before January
1, 1993, and must have been an active employee on December 31, 1992.
(2) The person must file written notice with the retirement board
before January 1, 1995, electing to receive credit and providing such
information as the board may require.
(3) The person must contribute to the retirement system prior to
the effective date of his or her retirement, by lump-sum payment or
by installment payments over a period not to exceed five years, an
amount equal to the full cost, including interest, of the employee
and county liability for the additional credit.
(4) The person must not be entitled to receive a pension or
retirement allowance for the prior military service and must provide
the certification required by Section 31641.4.
(5) A person who was hired by the county before January 1, 1993,
who was actively employed by the county on December 31, 1992, and who
retired or elected deferred retirement after December 31, 1992, and
before December 31, 1993, may also elect to receive credit under this
section by filing the written notice and making the entire
contribution before July 1, 1994, less whatever additional amounts
would have been paid to that person by the retirement system if the
person had made the entire contribution prior to retirement.
(d) The board of supervisors may include additional terms and
conditions in the resolution implementing this section, provided the
terms and conditions do not include the system paying for any of the
employee or county cost of the military service credit.
(e) The full cost, including interest, of the employee and county
liability for the additional credit under this section shall be
determined by the board of retirement on actuarial advice, and shall
be the actuarial equivalent of the difference between the retirement
benefits the person will receive after receipt of credit for prior
military service under this section and the retirement benefits the
person would have received without that credit.
31642. The following shall not be considered as breaking the
continuity of service:
(a) A temporary layoff because of illness or for purposes of
economy, suspension, or dismissal, followed by reinstatement or
re-employment within one year.
(b) A leave of absence followed by reinstatement or re-employment
within one year after the termination of the leave of absence.
(c) A resignation to enter, followed by entrance into, the armed
forces of the United States, followed by re-employment by the county
or district within six months after the termination of such service.
(d) Resignation of a member who has elected in writing to come
within the provisions of Article 9 followed by re-employment before
withdrawal of any accumulated contributions.
The withdrawal of accumulated contributions followed by the
redeposit of the contributions upon re-entrance into service does not
constitute a break in the continuity of service.
31643. Unless otherwise provided in the regulations of the board,
"prior service" means service prior to the date of entry of a member
into the retirement system.
31644. In its regulations the board may provide what service shall
constitute prior service. Such service may include employment which
is not service as defined in Sections 31641 and 31642.
31645. Except as provided in Sections 31641.5 or 31648 credit for
prior service, whether interrupted or not, shall be granted to each
person who has rendered such service as defined in or pursuant to
this chapter, and who has become a member of the retirement system
within one year after it becomes operative or at any time prior to
October 1, 1953, whichever is the later, or within six months after
discharge from military service.
One who performed service otherwise qualifying for credit under
this section, who re-entered county employment subsequent to
September 1, 1953 and prior to December 31, 1953, shall receive
credit for such service, subject to Section 31648, provided such
person is employed, as of the effective date of this section, in a
position for which service credit is given under this article.
31645.5. Prior service includes service rendered for a district as
defined by subdivisions (i) and (j) of Section 31468 at any time
after the date of execution of the first contract between the county
and the nonprofit corporation relative to the operation of one or
more museums or after the date of employment with the economic
development association.
31646. A member who returns to active service following an
uncompensated leave of absence on account of illness may receive
service credit for the period of such absence upon the payment of the
contributions that the member would have paid during such period,
together with the interest that such contributions would have earned
had they been on deposit, if the member was not absent. The
contributions may be paid in a lump sum or may be paid on a monthly
basis for a period of not more than the length of the period for
which service credit is claimed. Credit may not be received for any
period of such absence in excess of 12 consecutive months.
31646.1. A member who returns to active service following an
uncompensated leave of absence on account of illness or injury
arising out of and in the course of employment which exceeds 12
consecutive months and for which the member receives temporary
disability benefits pursuant to the Labor Code during the absence may
receive service credit for the full period in excess of 12
consecutive months during which the member received temporary
disability benefits pursuant to the Labor Code upon the payment of
the contributions which the member would have paid during that
period, together with the interest which the contributions would have
earned had they been on deposit, if the member was not absent,
provided, that the member has rendered sufficient service, other than
the service for which credit in excess of 12 consecutive months is
to be purchased pursuant to this section, to meet the minimum service
credit requirements for benefits. The contributions may be paid in a
lump sum or may be paid on a monthly basis for a period of not more
than the length of the period for which service credit is claimed.
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 this section applicable in the county.
31646.5. (a) A member who wishes to apply for a
nonservice-connected disability retirement allowance may, to the
extent necessary to qualify for that allowance, receive service
credit for a period of continuous, uncompensated leave immediately
preceding the filing of the application upon satisfaction of all of
the following:
(1) The member has exhausted all compensated leave, including any
catastrophic leave to which the member may be eligible.
(2) The leave of absence was due to the member's medical condition
that has been determined by the board to be a terminal illness.
(3) Payment by the member of the contributions the member would
have paid during the leave of absence, together with interest those
contributions would have earned had they been on deposit if the
member were not absent. The contributions may be paid in a lump sum,
or may be paid on a monthly basis for a period of not more than the
length of the period for which service credit is claimed; provided,
however, that payment shall be completed prior to the effective date
of the member's retirement, or in accordance with Section 31485.7 or
31485.8 if either section has been adopted by the board of
supervisors.
(b) Credit may not be received pursuant to this section for a
period in excess of 12 consecutive months.
(c) This section shall not apply in any county unless and until it
is adopted by a majority vote of the board of supervisors.
31647. A person is not entitled to credit as prior service for time
during which he was not in service as defined in this chapter.
31648. If any officer or employee not previously included within
the field of membership of the association is brought within the
field of membership or if any elected official chooses to come within
the field of membership subsequent to the establishment of the
association, he shall not receive credit for service or for prior
service unless either (1) he elects to and does pay into the
association within one year thereafter, or within such longer time as
is provided in the regulations of the board, and before an
application for retirement is filed, an amount equal to the
contributions he would have made if he had been a member of the
association from the date of its organization, or from the date of
his entry into county service, whichever is the later, together with
regular interest thereon or (2) the governing body, by a four-fifths
vote, provides that it shall make, on behalf of all such officers or
employees eligible to receive credit for prior service under this
section and who so elect subsequent to the effective date of the
amendment to this section at the 1963 Session of the Legislature, all
or a part of the contributions to the association that the officer
or employee would be required to make for his prior service, except
that the contributions made by the governmental agency pursuant to
this section shall be available only for the purpose of retirement
for service or for disability and a member resigning from county
service shall be entitled to withdraw only that portion of his
accumulated contributions made by him.
31648.2. In any county in which the board of supervisors has
entered into an agreement as permitted by Section 20569.1, the
governing body of the contracting agency from which the firemen were
transferred or the governing body of the district to which the
firemen were transferred may pay all or part of the cost, as
determined by the board, of the liabilities which were assumed by the
county system under Section 20569 and which exceed the value of the
cash or securities or both transferred by the Public Employees
Retirement System to the county system. The governing bodies of the
contracting agency and of the district may determine the proportion
of the liabilities each pays.
31648.3. A member who is a full-time employee and returns within 12
months of the date of layoff to full-time service following a period
of layoff commencing on or after January 1, 1981, but not to exceed
12 months, may receive service credit for the period of the absence,
but not to exceed one year, upon the payment of the contributions
that the member would have paid during that period, together with the
interest that the contributions would have earned had they been on
deposit, if the member was not absent. The contributions may be paid
in lump sum or may be paid on a monthly basis for a period of not
more than the length of the period for which service credit is
claimed. The service credit provided by this section shall be
provided only to persons who have returned to employment under the
procedures of the employer for returning laid-off employees to work
and shall not exceed one year of service credit for each layoff
period. The decision of the member to redeposit withdrawn
contributions shall be made within five years from the date the
member is rehired or the effective date of the adoption by the county
board of supervisors of this section. Upon completion of the
redeposit with interest, the entry age of the member shall be
adjusted to the original age of entry and membership is reestablished
to that date.
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 this section applicable in the county.
31648.4. In any county in which the board of supervisors has
entered into an agreement as permitted by Section 20569.2, the
governing body of the contracting agency from which the employees
were transferred or the governing body of the district or the county
service area to which the employees were transferred may pay all or
part of the cost, as determined by the board, of the liabilities
which were assumed by the county system under Section 20569 and which
exceed the value of the cash or securities of both transferred by
the Public Employees' Retirement System to the county system. The
governing bodies of the contracting agency and of the district or the
county service area may determine the proportion of the liabilities
each pays.
31648.5. Any elective officer (a) who has filed a declaration of
election to become a member of a county retirement association
established pursuant to this chapter and (b) who rendered any county
service after the effective date of the system so established and
prior to the effective date of his membership in the association and
(c) who would not otherwise be entitled to credit for such service,
shall be entitled to credit for such service as current service if he
contributes to the retirement association the contributions which he
would have made if he had been a member of the association during
the time such service was rendered, together with regular interest
thereon.
31648.55. Any member who is an elective officer, and who has had a
break in service, may receive credit for the previous service as
current service, if all of the following conditions are met:
(a) The member serves in the same office.
(b) The service is not a basis for any other present or future
public retirement benefits.
(c) The member, prior to the effective date of retirement, by
lump-sum payment or by installment over a period not to exceed five
years, (1) contributes an amount equal to twice the contributions the
members would have made to the retirement fund if the member had
been a member during the same length of time as that for which the
member has elected to receive credit as service, computed by applying
the rate of contribution first applicable to the member upon
commencement of membership and (2) pays any interest that would have
accrued to that amount.
This section shall not be operative in any county, until adopted
by resolution of the board of supervisors.
31648.6. Any elective officer whose term of office expires at a
time when the total period of his incumbency divided into months
results in a fractional month greater than 20 days shall be deemed to
have rendered service sufficient to receive credit for a full month
provided that such officer contributes to the retirement association
prior to the receipt of the first payment of his retirement allowance
the contributions required for that month.
31649. (a) Any member who resigns to enter and does enter the armed
forces of the United States on a voluntary or involuntary basis, and
within 90 days after the termination of that service under honorable
conditions, reenters county service, or
(b) Any member who obtains a leave of absence to enter and does
enter the armed forces of the United States on a voluntary or
involuntary basis, and within one year after the termination under
honorable conditions of leave of absence reenters county service, if
he or she has not contributed to the retirement fund the total
percentage of his or her compensation earnable due pursuant to
Section 31461 due under this chapter for the entire period during
which he or she was out of county service and in military service,
may, not more than 90 days after his or her reentrance into county
service, file with the board his or her election that no further
contributions be deducted from his or her compensation except
contributions due because of current service.
(c) A member who reenters county service under either (a) or (b)
above may be allowed up to five years credit for vesting in the
system.
31649.1. Any employer who reemploys a member who is subject to the
provisions of Chapter 43 (commencing with Section 4301) of Title 38
of the United States Code, shall, within 30 days after the date of
that reemployment, provide information in writing as required by the
board notifying the system of that reemployment, and shall provide
the returning employee written notification of the right to purchase
that service credit.
31649.5. (a) Notwithstanding Section 31649, any member who
resigned, or obtained a leave of absence, to enter and did enter the
armed forces of the United States on a voluntary or involuntary basis
and returned to county service within one year after separation
therefrom, under honorable conditions, shall receive credit for
service and prior service for all or any part of his or her military
service, if, before retirement from the county, he or she contributes
what he or she would have paid to the fund based on his or her
compensation earnable pursuant to Section 31461 at the time he or she
resigned or received the leave of absence, together with regular
interest thereon, and if, when he or she contributes, the military
service is not a basis for present or future military retirement pay.
(b) This section shall not be operative in any county until the
board of supervisors so orders.
31649.6. (a) Notwithstanding Section 31649 or 31649.5, a member who
resigned from county service, or who obtained a leave of absence
from county service, to enter and did enter the Armed Forces of the
United States on a voluntary or involuntary basis and who then
returned to county service within one year after separation from the
Armed Forces under honorable conditions, shall receive credit for
service and prior service for all or any part of his or her military
service, if, before retirement from the county, he or she contributes
what he or she would have paid to the fund based on his or her
compensation earnable pursuant to Section 31461 at the time he or she
resigned or obtained the leave of absence, together with regular
interest thereon.
(b) This section shall not be operative in any county until the
board of supervisors, by resolution, makes this section applicable in
the county.
31650. Unless the returning member reenters the service as a new
member or files an election pursuant to Section 31649, the county
auditor or other officer charged with the duty of drawing salary or
wage warrants shall deduct past due contributions pursuant to the
regulations of the board, or if there are no such regulations
pursuant to this chapter. The filing of an election shall apply only
to salary or wage warrants delivered 30 or more days after the filing
of an election, and no deduction legally made shall be refunded
because of an election.
31651. If the returning member files an election pursuant to
Section 31649, the auditor or other officer charged with the duty of
drawing salary or wage warrants shall deduct current contributions
only from salary or wage warrants delivered 30 or more days after the
filing of the election. Member contributions shall be calculated
upon the basis of the age of the member upon his or her first entry
into the retirement system.
31652. (a) Any member may redeposit in the retirement fund, prior
to filing an application for retirement, by lump sum payment or by
installment payments over a period of one year or for a longer time
upon approval of the board, an amount equal to all of the accumulated
normal contributions which he has withdrawn, plus regular interest
thereon from the date of separation from the retirement system, and
his membership is the same as if unbroken by such termination. Except
as provided in this section his rate of contribution shall be based
on age at the nearest birthday at time of reentrance into the system.
If he does not redeposit all of the accumulated normal contributions
previously withdrawn he shall be considered as a new member without
credit for any previous service.
"Regular interest" as used in this section 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 by this
section had been on deposit from the date of separation from the
retirement system until the amount required to be deposited has been
paid.
(b) Any member who left county service on or before December 31,
1971, and thereafter again became a member of the county system which
he left and (1) who did not withdraw his accumulated normal
contributions, or (2) who elected to leave his accumulated normal
contributions on deposit pursuant to Article 9 (commencing with
Section 31700), or (3) who redeposited or redeposits withdrawn
accumulated normal contributions plus interest as authorized in this
section, shall be eligible for all benefits granted a member entering
a reciprocal retirement system under Article 15 (commencing with
Section 31830), including the benefits granted to members who left
their accumulated contributions on deposit or who redeposited their
accumulated contributions pursuant to Section 31831.1. This paragraph
shall not be applicable to any member entering service after
December 31, 1977.
(c) Any member who left county service on or after January 1,
1972, and who within 90 days thereafter again became a member of the
county system which he left and (1) who did not withdraw his
accumulated normal contributions, or (2) who elected to leave his
accumulated normal contributions on deposit pursuant to Article 9
(commencing with Section 31700), or (3) who redeposits or redeposited
his withdrawn accumulated normal contributions plus interest as
authorized by Section 31652 within 180 days after leaving county
service, shall be eligible for all benefits granted a member entering
a reciprocal retirement system under Article 15 (commencing with
Section 31830), except that Section 31831.1 shall not apply to such
members.
(d) This section shall not apply to members who are retired or who
are not in service of an employer making him a member of this
system.
31652.1. (a) Any member may redeposit in the retirement fund, prior
to filing an application for retirement, by lump-sum payment or by
installment payments over a period of one year or for a longer time
upon approval of the board, an amount equal to all of the accumulated
normal contributions which he has withdrawn, plus regular interest
thereon from the date of separation from the retirement system, and
his membership is the same as if unbroken by such termination. Except
as provided in this section his rate of contribution shall be based
on age at the nearest birthday at time of reentrance into the system.
If he does not redeposit all of the accumulated normal contributions
previously withdrawn he shall be considered as a new member without
credit for any previous service.
"Regular interest" as used in this section 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 by this
section had been on deposit from the date of separation from the
retirement system until the amount required to be deposited has been
paid.
(b) Any member who left county service on or before December 31,
1974, and thereafter again became a member of the county system which
he left and (1) who did not withdraw his accumulated normal
contributions, or (2) who elected to leave his accumulated normal
contributions on deposit pursuant to Article 9 (commencing with
Section 31700), or (3) who redeposited or redeposits withdrawn
accumulated normal contributions plus interest as authorized in this
section, shall be eligible for all benefits granted a member entering
a reciprocal retirement system under Article 15 (commencing with
Section 31830), including the benefits granted to members who left
their accumulated contributions on deposit or who redeposited their
accumulated contributions pursuant to Section 31831.1. This paragraph
shall not be applicable to any member entering service after
December 31, 1979.
(c) Any member who left county service on or after January 1,
1975, and who within 90 days thereafter again became a member of the
county system which he left and (1) who did not withdraw his
accumulated normal contributions, or (2) who elected to leave his
accumulated normal contributions on deposit pursuant to Article 9
(commencing with Section 31700), or (3) who redeposits or redeposited
his withdrawn accumulated normal contributions plus interest as
authorized by Section 31652 within 180 days after leaving county
service, shall be eligible for all benefits granted a member entering
a reciprocal retirement system under Article 15 (commencing with
Section 31830), except that Section 31831.1 shall not apply to such
members.
(d) This section shall not apply to members who are retired or who
are not in service of an employer making him a member of this
system.
(e) This section shall apply only in a county of the first class,
as established by Sections 28020 and 28022 but shall not be operative
in a county until adopted by resolution of the board of supervisors.
31652.2. (a) Any member of a retirement system established pursuant
to this chapter who was previously a member of the same county
retirement system and who thereafter became a member of the Public
Employees' Retirement System as a result of employment by a public
agency contracting with the Public Employees' Retirement System,
shall receive credit in the county retirement system for service
rendered as an officer or employee of such public agency, provided
that he or she makes the contributions specified by Section 31641.2,
and provided further that he or she is not entitled to receive any
other pension or retirement allowance from any public agency for such
service.
(b) Notwithstanding any other provision of law, any person who
would otherwise qualify under subdivision (a) who elected to leave
his or her contributions on deposit with the Public Employees'
Retirement System and receive the benefits of reciprocity, may
rescind that election and withdraw his or her contributions plus
accrued interest from the Public Employees' Retirement System and
deposit the same in the county retirement system of which he or she
is a member as payment in full or in part for the service credit
described in this section. The person shall not thereafter have the
right to redeposit the withdrawn contributions in the Public
Employees' Retirement System or to receive any credit for such
service in that system. Any member of a county retirement system who
is eligible to receive credit for other public service pursuant to
this section shall receive the benefit of any motion or resolution
adopted by the board of supervisors pursuant to subdivision (c) of
Section 31641.2 which was in effect during the member's county
service.
(c) This section shall apply only in a county of the first class,
as established by Sections 28020 and 28022, but shall not be
operative in a county until adopted by resolution of the board of
supervisors.
31653. Notwithstanding the provisions of this article, the
governing board of the county or district may elect to contribute for
any member of this system who is absent from and reenters the
service of the county or district pursuant to Section 31649 of this
code, amounts equal to the contributions which would have been made
by the member and his employer to the system on the basis of his
compensation earnable at the commencement of his absence, if he had
not been so absent.
If the governing board elects to make any member's contributions
pursuant to this section:
(a) Any such member who exercises or did exercise the right to
contribute to the system during the period of military service shall
have such contributions refunded or credited to his account.
(b) Any such member who withdraws or has withdrawn his accumulated
contributions during his military service and who does not or did
not redeposit the amount withdrawn upon his return to employment with
the county or district is entitled to be credited with any
contribution the governing board elects to make, and to receive
credit for service during the period he was absent on military
service, the same as if he had not withdrawn his accumulated
contributions, and his rate for future contributions shall be based
upon his age at the commencement of his absence on military service.
(c) The contributions made by the governing board pursuant to this
section shall be available only for the purpose of retirement for
service or for disability, and shall be made available only for the
purpose of retirement, and a member resigning from the service of the
county or district after reinstatement from military service shall
be entitled to withdraw only that portion of his accumulated
contributions personally made by him.
(d) This section shall be retroactively applied to extend its
benefits to such members of this system as the governing board may
determine whose absence from county service on military service
commenced on or after September 16, 1940, and who return or have
returned to this service upon the termination of their military
service.
31654. Whenever, as a result of the resumption by the counties
pursuant to Article XXVII of the Constitution of functions relating
to the administration of aid to the aged and aid to the needy blind
theretofore performed by the state, any person ceases to be employed
by the state and is employed by a county in which this chapter has
become operative, the person shall become a member of the retirement
association of the county immediately upon his entrance into the
county service.
Any such member of a county retirement system shall be entitled to
credit in the county retirement system for service for which he was
entitled to credit in the Public Employees' Retirement System at the
time of cessation of his employment by the state, without the
necessity of payment of any additional contributions in respect to
that service, when and if (a) the board of retirement receives
certification from the Board of Administration of the Public
Employees' Retirement System of the state service with which the
person was entitled to be credited by the Public Employees'
Retirement System at the time of cessation of his state employment;
and (b) there is paid into the employees' retirement fund of the
county an amount equal to the normal contributions of the person to
the Public Employees' Retirement System, together with the interest
credited thereto, which amount shall be credited to the individual
account of the member in the county employee's retirement system, and
shall thereafter for all purposes be deemed to be the member's
contribution to the county retirement system in respect to the
service so certified; and (c) there is paid into the employees'
retirement fund of the county an additional amount equal to the
amount of such normal contributions, together with the interest
credited thereto, which additional amount shall thereafter for all
purposes be deemed to be the contributions of the employer county to
the county retirement system in respect to the service so certified.
31655. Any member may receive credit for war relocation absence if
the member elects to pay and does pay prior to retirement into the
retirement fund an amount equal to the contributions the member would
have made to the fund on the member's compensation earnable at the
time of the absence together with regular interest thereon.
"War relocation absence" means the period of absence from county
service occasioned by the evacuation and relocation of a member
pursuant to orders issued by the commanding officer of the Western
Defense Command in March 1942, for the evacuation of persons of
Japanese descent from such area, where the member was in county
service on March 5, 1942, and later returned to county service prior
to July 1, 1947.
This section shall not be operative in any county until adopted by
resolution of the board of supervis