32320-32342
GOVERNMENT CODE
SECTION 32320-32342
32320. The normal rates of contribution of members shall be based
on the age at the nearest birthday at the time of entrance into the
system.
32321. 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.
32322. Until revised pursuant to Sections 32268 and 32269, 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 at 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
If a member is subject to the provisions of Section 32341, unless and
until the member exercises the option provided for therein, any
portion of the salary actually paid such member in excess of three
hundred dollars ($300) a month shall be disregarded.
32323. 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.
32324. 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 the amount specified in Section 32322.
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.
32325. 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.
32326. 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 Sections
32327, 32328, and 32329.
32327. Any person electing to come within this chapter who elects
to secure credit for prior service as a forester, firewarden, or
fireman 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 credit claimed for prior service. The
amount necessary for such credit shall be determined on a 2 percent
basis applied to the aggregate salary or wages paid during the period
of prior service claimed.
32328. Any person electing to secure credit for prior service as a
forester, firewarden, or fireman under this chapter who has to his
credit in any other pension system a sum less than that necessary to
entitle him to credit for such prior service, shall deposit in the
retirement fund a sum equal to the amount necessary to entitle him to
the credit claimed for prior service, and the amount he has to his
credit in the other pension system shall be transferred from such
other system to the retirement fund of this system, to his credit.
The amount necessary for such credit shall be determined on a 2
percent basis applied to the aggregate salary or wages paid during
the period of prior service claimed.
32329. Any person electing to come within this chapter may elect
not to claim full credit for his prior service, but may elect to
receive credit for only a fractional part of such prior service. In
such event, he shall receive a refund or make deposit based on the
amount to his credit in the other pension system as against the
fractional part of the prior service claimed. The amount necessary
for such credit shall be determined on a 2 percent basis applied to
the aggregate salary or wages paid during the period of prior service
claimed.
32330. The board of supervisors shall determine and appropriate
each year an amount sufficient, together with the contributions of
the member to meet all of the current demands, including interest,
against the fund. The board shall deposit monthly all contributions
received in the county treasury to the credit of the fund.
32330.5. The board of supervisors may appropriate an additional
amount, not to exceed the sum which would result from a tax levy upon
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.
32331. In the preparation and adoption of the county or county fire
protection districts budget, the board of supervisors shall add to
and include in the appropriation for salaries and wages an amount
equal to the contributions to be made by members during the period
for which the budget is being prepared.
32332. 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 a like amount from the appropriation to the fund.
32333. All contributions and deposits shall bear simple interest at
a rate to be fixed by the board 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 fund to the credit of each member
which have been on deposit for six months immediately prior to such
date.
32334. Any member of the system who is separated from the service
of the county before retirement for any cause other than death or
permanent disability, shall have paid to him all his contributions to
the fund and one-half of all interest credited to his account.
32335. Upon the death before retirement of any member for any cause
other than an injury received during the performance of his duty or
sickness caused by the discharge of such duty, the system shall pay
to his legal representative, all his contribution to the fund and
one-half of all interest credited to his account.
32336. Any member may redeposit in the fund, within one year after
his reentrance into the service, an amount equal to that which he
withdrew at the last termination of his membership. The redeposit
shall constitute reinstatement in this system, and he is entitled to
all of the privileges and benefits of the system.
32337. Any member who enters the armed forces of the United States
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 forester, firewarden, or
fireman within 90 days after the termination of military service
during the war or emergency is deemed to have been in continuous
service as a forester, firewarden, or fireman 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 service and such further time not exceeding an additional
two years as the board determines, he pays into the fund an amount
equal to the contributions which he would have made had he remained
on active duty.
32338. 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 forester, firewarden, or fireman.
32339. Notwithstanding the provisions of this article, the board of
supervisors and the board of supervisors as a governing body of the
fire protection districts, 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 duty as a county
forester, fire warden or county fire protection district fireman
within ninety days after the termination of such military service, in
addition to the contributions required by Sections 32330 and 32331,
an amount equal to twice the amount such member would have
contributed had he remained in service as a county forester, fire
warden, or county fire protection district fireman and received the
full salary of the position or positions which he held during the
time of such military service.
32340. If the board of supervisors elects to contribute as provided
in Section 32339:
(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
county forester, fire warden or county fire protection district
fireman 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 contribution 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.
32341. When the compensation of a member is a factor in any
computation to be made under this chapter, there shall be excluded
from such computation for any period of service prior to the first
day of the month after the effective date of this section, any
compensation earned since the establishment of the system upon which
compensation the member has not paid contributions into the fund
because of the provisions of Section 32322 as it existed prior to
October 1, 1949, unless on or before December 31, 1952, such member
shall elect by written notice filed with the board to pay into the
retirement fund either by lump sum payment or by pay roll deductions
over a period not exceeding 36 months, and prior to the effective
date of his retirement and thereafter pays into the fund within the
period specified such additional amount as he would have contributed
as a part of his contributions had Section 32322 always read as it
now reads and an amount equal to one-half the additional interest
which would have been accrued to his account under such assumptions.
32342. A member subject to the provisions of Section 32341, who,
either before or after the effective date of the 1951 amendment to
this section elects to make the payments provided for therein shall
be deemed to have elected to make the payments provided for in
Section 32341 as it now reads.