32020-32040
GOVERNMENT CODE
SECTION 32020-32040
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 retirement equal to one-half of
terminal salary, according to the tables adopted by the board.
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 any portion in excess of five
hundred dollars ($500) a month, shown in the following table
according to age at the time of entry into the retirement system.
Contribution,
Age of entry percentage of
into system salary
21......................... 4.31
22......................... 4.48
23......................... 4.66
24......................... 4.85
25......................... 5.05
26......................... 5.26
27......................... 5.49
28......................... 5.73
29......................... 5.98
30......................... 6.25
31......................... 6.54
32......................... 6.85
33......................... 7.18
34......................... 7.54
35......................... 7.93
36......................... 8.34
37......................... 8.80
38......................... 9.30
39......................... 9.86
40......................... 10.47
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 established for age 21 is the rate
for any member who enters the system at a lesser age.
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 board, lodging, fuel, laundry, and
other advantages of any nature furnished to him in payment for his
services as does not exceed five hundred dollars ($500) a month. The
amount 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 the member's account.
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 the members during the period
covered by such payment except the benefits afforded by this chapter.
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 credit.
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 service, except as provided in Section
32028.
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 credit in any other pension system a
sum exceeding that necessary to entitle him to credit for such prior
service, shall have refunded to him only the amount by which his
credit in the other pension system exceeds that necessary to entitle
him to the credit claimed for prior service.
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 the current demands, including
interest, against the fund. The amount shall not be less than the
total amount which will be contributed by members during that year.
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 subject to taxation of one-half
cent ($0.005) per one hundred dollars ($100) of assessed valuation,
to reduce or eliminate any deficit in the fund. The board of
supervisors shall deposit monthly all contributions received in the
county treasury to the credit of the fund.
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 appropriation sufficient to match the
contributions of employees who are members of the system.
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 board of supervisors shall thereupon
transfer not less than a like amount from the appropriation to the
fund.
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 to exceed 4 percent a year.
Interest shall be credited semiannually on June 30th and December
31st to all contributions in the retirement fund to the credit of
each member which have been on deposit for six months immediately
prior to such date.
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 membership subsequent to the date upon
which the system originally became operative in the county, he shall
not receive credit for service or for prior service unless he elects
to pay and does pay into the fund within one year after such
inclusion, and before an application for retirement is filed, an
amount equal to the contributions he would have made had he been a
member from the date of his entry into the service of the county or
district, together with interest thereon at the rate fixed by the
board pursuant to Section 32033. If during any part of the period for
which prior service credit is claimed the rate of contribution was
fixed upon the basis of the member's age at entry into the system,
the rate of contribution shall be the rate applicable to the member
upon the date of his entry into the system.
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 an act of Congress providing for
peacetime induction or conscription and thereafter returns to active
service as a peace officer within 90 days after the termination of
military service during the war or emergency is deemed to have been
in continuous service as a peace officer during the time he was in
the armed forces of the United States if, during the period of his
absence from active duty or within one year after his return from
military duty and such further time not exceeding an additional two
years as is granted by the board, he pays into the fund an amount
equal to the contributions he would have made had he remained on
active duty.
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 contributions made by him shall become part
of the retirement fund. If the separation is caused by death or
disability, there shall be paid to him or his heirs all his
contributions to the fund and one-half of all interest credited to
his account.
Any contributions paid into the system by a member prior to the
ninety-first day after the final adjournment of the 1947 Regular
Session of the Legislature shall be returned to any member upon his
separation from service of the county in the same manner as provided
in this section for payment upon separation caused by death or
disability.
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 of his duty, the system shall pay
to such person as he nominates, or otherwise to his legal
representative, an amount equal to all his contributions to the fund
and one-half of all interest credited to his account.
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 occurring in and arising out of his
employment, because of which he becomes entitled to workmen's
compensation, within 90 days after his return to active employment,
or within 90 days after the effective date of this section, whichever
first occurs, or within such further time as may be granted by the
board, he may pay into the fund an amount equal to that which would
have been deducted had he remained in active employment. Upon the
making of such payment, such time, whether before or after the
effective date of this section, shall be considered as time served as
a county peace officer.
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 forces of the United States after June 1,
1940, during war or national emergency proclaimed by the President or
an act of Congress providing for peacetime induction or conscription
and thereafter returns to active service as a peace officer within
ninety days after the termination of such military service, in
addition to contributions required by Sections 32029 and 32031, an
amount equal to twice the amount which such member would have
contributed had he remained in service as a peace officer and
received the full salary of the position or positions which he held
during the time of such military service.
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 system during the period of military service shall
have such contributions refunded.
(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 service as a
peace officer is entitled to be credited with any contribution the
board of supervisors 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 board of supervisors 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 county service
after reinstatement from military service shall be entitled to
withdraw only that portion of his accumulated contributions
personally made by him and which are subject to withdrawal under
Section 32036.