California Government Code ARTICLE 1 - General

• Section 31450.
  This chapter may be cited as the County Employees Retirement Law of 1937.(Added by Stats. 1947, Ch. 424.)
• Section 31451.
  The purpose of this chapter is to recognize a public obligation to county and district employees who become incapacitated by age or long service in...
• Section 31452.
  The right of a person to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance, any optional benefit, any other...
• Section 31452.5.
  (a) The board may comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled...
• Section 31452.6.
  (a) The board shall comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled...
• Section 31452.65.
  Upon receipt of proof, satisfactory to the board, that a warrant or check drawn in payment of a retirement allowance or in payment of any...
• Section 31452.7.
  (a) Upon the death of any member after retirement, any retirement allowance earned but not yet paid to the member shall, notwithstanding any other provision of...
• Section 31453.
  (a) An actuarial valuation shall be made within one year after the date on which any system established under this chapter becomes effective, and thereafter at...
• Section 31453.5.
  Notwithstanding Section 31587, and in accordance with Section 31453 or 31510.1, the board may determine county or district contributions on the basis of a normal...
• Section 31453.6.
  Notwithstanding any other provision of this chapter, the board of retirement may, at the request of the board of supervisors, adopt a funding period of...
• Section 31454.
  (a) The board of supervisors shall, not later than 90 days after the beginning of the immediately succeeding fiscal year, adjust the rates of interest, the...
• Section 31454.1.
  (a) The independent assumptions and calculations of an actuary contained in the actuarial valuation required by Section 31453 shall not be subject to the “meet and...
• Section 31454.5.
  In any county subject to the provisions of Section 31676.1, 31676.11, 31676.12, or 31695.1 the board of supervisors may, by vote entered in the minutes...
• Section 31454.6.
  Whenever, in any county subject to the provisions of Section 31676.1 the board of supervisors makes any additional appropriations pursuant to Section 31454.5, the governing...
• Section 31455.
  Unless the context otherwise requires, or unless superseded by any provision of the California Public Employees’ Pension Reform Act of 2013, the definitions and general...
• Section 31455.5.
  (a) It is unlawful for a person to do any of the following:(1) Make, or cause to be made, any knowingly false material statement or material representation,...
• Section 31456.
  “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of supervisors and regular...
• Section 31457.
  “Annuity” means payment for life derived from contributions made by a member.(Added by Stats. 1947, Ch. 424.)
• Section 31458.
  “Beneficiary” means any person in receipt of a pension, annuity, retirement allowance, death benefit, or any other benefit.(Added by Stats. 1947, Ch. 424.)
• Section 31458.2.
  If, after December 31, 1957, and either before or after retirement a member dies leaving a spouse and has not designated a beneficiary, and, prior...
• Section 31458.3.
  (a) A member’s ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse’s allowance, pursuant to...
• Section 31458.4.
  (a) A member’s ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse’s allowance, pursuant to...
• Section 31459.
  (a) In a county in which a board of investments has been established pursuant to Section 31520.2:(1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5, 31472,...
• Section 31459.1.
  (a) In a county in which a board of investments has been established pursuant to Section 31520.2:(1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5, 31472,...
• Section 31460.
  “Compensation” means the remuneration paid in cash out of county or district funds, plus any amount deducted from a member’s wages for participation in a...
• Section 31461.
  (a) “Compensation earnable” by a member means the average compensation as determined by the board, for the period under consideration upon the basis of the average...
• Section 31461.1.
  (a) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of...
• Section 31461.2.
  “Compensation earnable” by a public administrator, coroner or coroner-public administrator member compensated by means of fees means the average compensation as determined by the board,...
• Section 31461.3.
  (a) The average compensation during any period of service as a member of the Public Employees’ Retirement System, a member of a retirement system established under...
• Section 31461.4.
  (a) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of...
• Section 31461.45.
  (a) This section applies only to a county of the first class, as defined by Section 28020.(b) “Compensation earnable” in a county of the first class shall...
• Section 31461.5.
  Notwithstanding any other provision of law, salary bonuses or any other compensation incentive payments for regular duties or for additional services outside regular duties received...
• Section 31461.6.
  (a) “Compensation earnable” shall not include overtime premium pay other than premium pay for hours worked within the normally scheduled or regular working hours that are...
• Section 31462.
  (a) “Final compensation” means the average annual compensation earnable by a member during any three years elected by a member at or before the time he...
• Section 31462.05.
  (a) For a member who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21...
• Section 31462.1.
  (a) (1) “Final compensation” means the average annual compensation earnable by a member during any year elected by a member at or before the time he or...
• Section 31462.11.
  In any county subject to the provisions of Section 31462.1, every retirement allowance, optional death allowances, or annual death allowance, payable to or on account...
• Section 31462.2.
  (a) “Final compensation” for members whose service is on a tenure that is temporary, seasonal, intermittent, or for part time only means one-third of the total...
• Section 31462.3.
  (a) For members participating in the designated plans who are employed by the County of Los Angeles on or after October 1, 2000, and who retire...
• Section 31463.
  “Normal contributions” means contributions by a member at the normal rates of contributions, but does not include additional contributions by a member.(Added by Stats. 1947,...
• Section 31464.
  “Accumulated normal contributions” means the sum of all normal contributions standing to the credit of a member’s individual account and regular interest thereon.(Added by Stats....
• Section 31465.
  “Additional contributions” means contributions made by members in addition to normal contributions under Sections 31504 and 31627.(Added by Stats. 1947, Ch. 424.)
• Section 31466.
  “Accumulated additional contributions” means the sum of all additional contributions standing to the credit of a member’s individual account and regular interest thereon.(Added by Stats....
• Section 31467.
  “Accumulated contributions” means accumulated normal contributions plus any accumulated additional contributions standing to the credit of a member’s account.(Added by Stats. 1947, Ch. 424.)
• Section 31468.
  (a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district.(b) “District” also includes...
• Section 31469.
  (a) “Employee” means any officer or other person employed by a county whose compensation is fixed by the board of supervisors or by statute and whose...
• Section 31469.1.
  (a) “County peace officer” means the sheriff and any officer or employee of the sheriff’s office of a county employed and qualifying as a constable or...
• Section 31469.2.
  (a) For purposes of this chapter, “local prosecutor” means any one of the following:(1) A county officer or employee who meets all of the following criteria:(A) He or...
• Section 31469.3.
  “Safety member” means any person who is any of the following:(a) A member of a pension system established pursuant to either Chapter 4 or Chapter 5,...
• Section 31469.4.
  “Safety member” means persons employed as probation officers, juvenile hall or juvenile home group counselors, and group supervisors who are primarily engaged in the control...
• Section 31469.5.
  (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...
• Section 31469.6.
  Law enforcement employees of a harbor improvement district are safety members subject to Article 6.8 (commencing with Section 31639) and Article 7.5 (commencing with Section...
• Section 31469.8.
  (a) In a county of the 18th class, as defined by Sections 28020 and 28039, as amended by Chapter 1204 of the Statutes of 1971, the...
• Section 31470.
  “Member” means any person included in the membership of the retirement association pursuant to Article 4, and includes safety members as defined in Sections 31469.3,...
• Section 31470.1.
  “Member” includes “county peace officer member” except in sections where county peace officer members are specifically excluded. Anything else in this act to the contrary...
• Section 31470.2.
  (a) All sheriffs, undersheriffs, chief deputies sheriff, jailers, turnkeys, deputies sheriff, bailiffs, constables, deputies constable, motorcycle officers, aircraft pilots, heads and assistant heads of all divisions...
• Section 31470.25.
  (a) All sheriffs, undersheriffs, assistant sheriffs, chief deputy sheriffs, captains, lieutenants, sergeants, jailers, turnkeys, deputy sheriffs, bailiffs, constables, deputy constables, motorcycle officers, aircraft pilots, detectives, and...
• Section 31470.3.
  Clerks, bookkeepers, stenographers, court service officers, except in a county of the third class, as defined in Sections 28020 and 28024, and other employees who...
• Section 31470.4.
  All county foresters, county firewardens, deputies or assistant county foresters, deputies or assistant county firewardens, firefighters, fire apparatus engineers, fire prevention inspectors, forest firemen, fire...
• Section 31470.5.
  Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call firemen, and firefighters whose principal duties clearly do not fall within the scope of...
• Section 31470.6.
  (a) A permanent employee of a county having a population in excess of 500,000 whose principal duties consist of active protection, rescue, and rendition of aid...
• Section 31470.7.
  The election by a member to receive credit for employment in public service or in county service pursuant to Section 31641.1 or 31641.5 does not...
• Section 31470.8.
  In cases of doubt as to whether a person is eligible to become a safety member, the board shall decide.(Added by renumbering Section 31470.6 by...
• Section 31470.9.
  All public administrators, coroners and coroner-public administrators, whether compensated on a fee or salary basis, are eligible, except that the membership of such persons is...
• Section 31470.10.a.
  Notwithstanding Section 31470.2, all welfare fraud investigators and administrators budgeted within Orange County shall be eligible, regardless of which county department actually supervises or funds...
• Section 31470.11.
  Notwithstanding Section 31470.2, all welfare fraud investigators and administrators in counties of the 16th class, as described by Sections 28020 and 28037, as amended by...
• Section 31470.12.
  Child support investigators and administrators in counties of the 16th class, as described by Section 28020 and 28037, as amended by Chapter 1204 of the...
• Section 31470.13.
  Officers and employees whose function clearly fall within the scope of hazardous materials services are eligible.This section shall not be operative in any county until...
• Section 31470.14.
  (a) Local prosecutors, local public defenders, and local public defender investigators are eligible.(b) Except as provided in subdivision (c) and notwithstanding Sections 31639.7 and 31639.75, past service...
• Section 31471.
  “Pension” means payments for life derived from contributions made from funds controlled by the board of supervisors, or from funds of a district.(Added by Stats....
• Section 31471.5.
  “Recognized retiree organization” means an organization in which a majority of the members of the organization are retired members of the system and which the...
• Section 31472.
  “Regular interest” means interest at 21/2 percent a year until otherwise determined by the board compounded semiannually on June 30th and December 31st.(Amended by Stats....
• Section 31472.1.
  “Regular interest” or “interest” when used for purposes of computing deposits under this chapter, except as otherwise specifically provided, shall mean that amount of interest...
• Section 31473.
  “Retirement allowance” means the pension plus the annuity.(Added by Stats. 1947, Ch. 424.)
• Section 31474.
  “Retirement association” means an association of all persons who may qualify as annuitants or beneficiaries pursuant to this chapter.(Added by Stats. 1947, Ch. 424.)
• Section 31475.
  “Retirement fund” means the Employees Retirement Fund.(Added by Stats. 1947, Ch. 424.)
• Section 31476.
  “Retirement system” means each of the systems created and established pursuant to this chapter or its predecessor.The retirement system for county employees created by Chapter...
• Section 31477.
  “Salary fund” means the fund from which salaries are ordinarily paid.(Added by Stats. 1947, Ch. 424.)
• Section 31478.
  “Public agency” means the United States of America, this state, or any department or agency of either, or any county, or any city, which city...
• Section 31479.
  “Public service” means service rendered as an officer or employee of a public agency for which service the officer or employee received compensation from the...
• Section 31479.1.
  (a) (1) Notwithstanding Section 31479, an elective or appointive county official may receive credit for service rendered as a city council member even though that service was...
• Section 31479.2.
  “Public service” also means service rendered as an officer or employee of a department or agency of the District of Columbia for which the officer...
• Section 31479.3.
  “Public service” also means service in the merchant marine of the United States during the period of December 7, 1941, through August 15, 1945, whether...
• Section 31480.
  The provisions of this chapter, as they apply to retirement for service or disability, deferred retirement, and the death benefit, shall not be applicable to...
• Section 31481.
  An amendment either heretofore or hereafter made to this chapter, unless expressly stated otherwise, does not grant, take away, or otherwise affect the right to,...
• Section 31482.
  Notwithstanding any other provision of law, a participant in a deferred compensation plan established pursuant to Chapter 8 (commencing with Section 18310) of Part 1...
• Section 31482.5.
  (a) Notwithstanding any provisions to the contrary in Section 20894, this section shall apply to all participants in retirement systems governed by this chapter.(b) A person shall...
• Section 31483.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.5.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.6.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.7.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.8.
  Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter...
• Section 31484.9.
  (a) This section shall apply to the retirement system of Contra Costa County and only if the board of supervisors of that county adopts, by majority...
• Section 31485.
  Notwithstanding any other provision of law, whenever the governing body of a county or district following meet and confer has made a particular provision or...
• Section 31485.5.
  It is the intent of the Legislature that counties that are considering the adoption of defined contribution plans, also consider having those plans administered by...
• Section 31485.6.
  “Treasurer” as used in Sections 31595.9, 31625, 31625.1, 31629, and 31706 means the county treasurer or any other entity authorized by the board.(Added by Stats....
• Section 31485.7.
  (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31486.3, 31486.35, 31499.3, 31499.13, 31641.1, 31641.5, 31641.55,...
• Section 31485.8.
  (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31490.5, 31490.6, 31494.3, 31494.5, 31641.1, 31641.5, 31646,...
• Section 31485.9.
  (a) Notwithstanding any other provision of law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no resolution,...
• Section 31485.10.
  (a) Notwithstanding any other provision of law, in a county of the 10th class, as defined in Sections 28020 and 28031, the board of supervisors may,...
• Section 31485.13.
  In accordance with Section 401(a)(8) of Title 26 of the United States Code, a forfeiture of benefits under this chapter shall not be applied to...
• Section 31485.14.
  All distributions of benefits provided under this chapter shall comply with the requirements of Section 401(a)(9) of Title 26 of the United States Code that...
• Section 31485.15.
  In accordance with Section 401(a)(31) of Title 26 of the United States Code, a person who is entitled to a distribution under this chapter that...
• Section 31485.16.
  (a) Notwithstanding any other provision of this chapter, in a county of the fourth class, as defined in Sections 28020 and 28025, as amended by Chapter...
• Section 31485.17.
  (a) In accordance with Section 401(a)(37) of Title 26 of the United States Code, if a member dies while performing qualified military service, as defined in...
• Section 31485.18.
  (a) Notwithstanding any other provision of this chapter, in a county of the eighth class, as defined in Sections 28020 and 28029, as amended by Chapter...
• Section 31485.19.
  Notwithstanding any other provision of this chapter, the rights of each member to his or her accrued retirement benefits under the retirement system shall be...
• Section 31485.20.
  Notwithstanding any other provision of this chapter, no amount shall be distributed from a retirement system established under this chapter prior to the time that...
• Section 31485.21.
  (a) A member who has not attained normal retirement age shall have a bona fide separation from service to the extent required by Section 401(a) of...
• Section 31485.22.
  (a) A member who, while currently employed, has reached normal retirement age, as defined by the retirement system, and has met the benefit commencement requirements in...

Last modified: October 22, 2018