reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31727.6.

31727.6. Every retirement allowance payable for time commencing on the effective date of this section to or on account of any member of this system who was retired for service-connected disability prior to September 11, 1957, shall be calculated pursuant to the provisions of Section 31727.4.
(Added by Stats. 1959, Ch. 1183.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31727.7.

31727.7. Upon retirement for nonservice-connected disability, in lieu of any other allowance, a member who has five years or more credited service shall receive a disability allowance equal to the percentage of final compensation set forth opposite the member’s number of years of credited service in the following table:
Percentage of
Years of credited service:
final compensation:
Five years, but less than six years  ........................
20.0
Six years, but less than seven years  ........................
22.0
Seven years, but less than eight years  ........................
24.0
Eight years, but less than nine years  ........................
26.0
Nine years, but less than ten years  ........................
28.0
Ten years, but less than eleven years  ........................
30.0
Eleven years, but less than twelve years  ........................
32.0
Twelve years, but less than thirteen years  ........................
34.0
Thirteen years, but less than fourteen years  ........................
36.0
Fourteen years, but less than fifteen years  ........................
38.0
Fifteen or more years  ........................
40.0
This section shall only apply to the following persons:
(a) Persons who become members of the retirement system after the operative date of this section in the county.
(b) Those persons who were members prior to such operative date who, pursuant to a memorandum of understanding with their bargaining unit, elect to be subject to this section on or after such operative date.
(c) Management and confidential employees and employees not a part of a bargaining unit who were members prior to such operative date and elect to be subject to this section on or after such operative date. The board of supervisors shall prescribe the time period and conditions governing the election.
This section shall not be operative in any county until such time as the board of supervisors by majority vote makes the provisions of this section applicable in such county.
(Amended by Stats. 1981, Ch. 704, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31728.

31728. If, in the opinion of the board, the disability is due to intemperate use of alcoholic liquor or drugs, wilful misconduct, or violation of law on the part of the member, and his annuity is less than two hundred forty dollars ($240) a year, the board may pay the member his accumulated contributions in one lump sum in lieu of his annuity.
(Added by Stats. 1947, Ch. 424.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31728.1.

31728.1. Notwithstanding Section 31728, if, in the opinion of the board, the disability is due to willful misconduct or violation of law on the part of the member covered under Section 31751, and the member’s annuity is less than two hundred forty dollars ($240) a year, the board may pay the member’s accumulated contributions in one lump sum in lieu of the member’s annuity.
(Added by Stats. 1980, Ch. 58.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31728.2.

31728.2. Notwithstanding Sections 31728 and 31728.1, if, in the opinion of the board, the disability is due to or results from the conviction of the member of a felony under state or federal law or if the board determines that the criminal activity caused or resulted in the member’s disability, the board may pay the member a lump-sum which is equal to the sum of his or her accumulated contributions in lieu of the benefits to which the member would otherwise be entitled as set forth in this article and provided that nothing in this section shall be construed to divest a member of any vested right to a service retirement allowance.
This section shall apply only to a person who becomes a member of the system on or after January 1, 1988.
(Added by Stats. 1987, Ch. 842, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31729.

31729. The board may require any disability beneficiary under age 55 to undergo medical examination. The examination shall be made by a physician or surgeon appointed by the board at the place of residence of the beneficiary or other place mutually agreed upon. Upon the basis of the examination the board shall determine whether the disability beneficiary is still physically or mentally incapacitated for service in the office or department of the county or district where he was employed and in the position held by him when retired for disability.
(Amended by Stats. 1953, Ch. 789.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31730.

31730. If the board determines that the beneficiary is not incapacitated, and his or her employer offers to reinstate that beneficiary, his or her retirement allowance shall be canceled forthwith, and he or she shall be reinstated in the county service pursuant to the regulations of the county or district for reemployment of personnel.
(Amended by Stats. 1982, Ch. 1533, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31731.

31731. If any disability beneficiary under age 55 refuses to submit to medical examination, his pension shall be discontinued until his withdrawal of such refusal, and if his refusal continues for one year, his retirement allowance shall be canceled.
(Amended by Stats. 1951, Ch. 1098.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31732.

31732. The board shall secure such medical, investigatory and other service and advice as is necessary to carry out the purpose of this article. Notwithstanding Section 31529, the board may contract with an attorney in private practice for the legal services and advice necessary to carry out the purpose of this article. Notwithstanding Section 31530, the board may contract with a physician in private practice for the medical advice necessary to carry out the purpose of this article. It shall pay for such services and advice such compensation as it deems reasonable.
(Amended by Stats. 2021, Ch. 186, Sec. 16. (SB 634) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31733.

31733. If a disability beneficiary is determined by the board to be no longer incapacitated and re-enters the service of a public agency covered by the retirement system under which he retired, his disability retirement allowance shall cease immediately upon such re-entry. If such disability beneficiary again becomes a member of the retirement system, his rate of contribution for future years is that established for his age at the time of his re-entry into the system. His individual account shall be credited with an amount which is the actuarial equivalent of his annuity at that time, as based upon the mortality table adopted by the board of supervisors for disabled lives, less any amount that has been refunded to him under Section 31737. The amount shall not exceed the amount of his accumulated contributions at the time of his retirement for disability. He shall also receive credit for his service as it existed at the time of his disability retirement.
(Amended by Stats. 1961, Ch. 1852.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31737.

31737. If the retirement allowance of any disability beneficiary is canceled for any cause other than under Section 31733, he shall be paid his accumulated contributions, less the annuity payments made to him.
(Amended by Stats. 1961, Ch. 1852.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31738.

31738. Each payment of a retirement allowance, after the effective date of this section, to a beneficiary who retired prior to September 20, 1947, shall be calculated according to the provisions of this chapter as they existed on September 20, 1947.
(Added by Stats. 1949, Ch. 448.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.

31739. Every retirement allowance payable for time commencing on the effective date of this section to or on account of any member of this system or of a superseded system, who was retired for disability prior to January 1, 1948, is hereby increased by twenty-five dollars ($25) per month if the retired member is entitled to be credited with 20 years or more of service, or, if the retired member is entitled to be credited with less than 20 years of service, by an amount which bears the same ratio to twenty-five dollars ($25) as the member’s completed years of service with which the member is entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county.
(Amended by Stats. 1963, Ch. 818.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.2.

31739.2. Every retirement allowance for time commencing on the effective date of this section to or on account of any member of this system or of a superseded system, who was retired for disability on or after January 1, 1948, but prior to February 1, 1955, or such other date prior to February 1, 1955, as the board of supervisors in any county shall specify by resolution, is hereby increased by twenty-five dollars ($25) per month if the retired member is entitled to be credited with 20 years or more of service, or, if the retired member is entitled to be credited with less than 20 years of service, by an amount which bears the same ratio to twenty-five dollars ($25) as the member’s completed years of service with which the member is entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county.
(Amended by Stats. 1963, Ch. 818.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.3.

31739.3. Every retirement allowance payable for time commencing on the effective date of this section to or on account of any member of this system, or of a superseded system, who has been retired for disability, is increased as follows:
Period during which
Percentage of increase in
retirement became
monthly retirement
effective
allowance
On or prior to June 30, 1956  ........................
10%
12 months ended June 30, 1957  ........................
8%
12 months ended June 30, 1958  ........................
6%
12 months ended June 30, 1959  ........................
4%
12 months ended June 30, 1960  ........................
2%
In no event shall any allowance be increased by an amount greater than fifty dollars ($50) a month nor less than ten dollars ($10) a month.
This section shall not be operative in any county until such time as the board of supervisors shall by ordinance adopted by majority vote make the provisions of this section applicable in such county, providing further that an actuarial survey of the system has been made by the adopting county’s system prior to the passage of said ordinance.
(Added by Stats. 1961, Ch. 1120.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.31.

31739.31. Every retirement allowance, optional death allowance, or annual death allowance (including an allowance payable to a survivor of a member) payable to or on account of any member of this system or of a superseded system who has been or was retired for disability is increased as follows:
Period during which
Percentage of increase in
retirement became
monthly retirement
effective
allowance
On or prior to June 30, 1962  ........................
10%
12 months ended June 30, 1963  ........................
8%
12 months ended June 30, 1964  ........................
6%
12 months ended June 30, 1965  ........................
4%
12 months ended June 30, 1966  ........................
2%
In no event shall any allowance be increased by an amount greater than fifty dollars ($50) a month or less than ten dollars ($10) a month.
This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance adopted by majority vote, make the provisions of this section applicable in such county.
(Added by Stats. 1967, Ch. 892.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.32.

31739.32. Every retirement allowance, optional death allowance, or annual death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system or of a superseded system who has been or was retired for disability is increased as follows:
Period during which
Percentage of increase in
retirement became
monthly retirement
effective
allowance
On or prior to June 30, 1967  ........................
10%
12 months ended June 30, 1968  ........................
8%
12 months ended June 30, 1969  ........................
6%
12 months ended June 30, 1970  ........................
4%
12 months ended June 30, 1971  ........................
2%
In no event shall any allowance be increased by an amount greater than seventy-five dollars ($75) a month or less than twenty-five dollars ($25) a month. A member with credit for 10 or more years of service in the system shall receive not less than twenty-five dollars ($25) a month.
This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance adopted by majority vote, make the provisions of this section applicable in such county.
(Added by Stats. 1973, Ch. 298.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.33.

31739.33. (a) Except as provided in subdivision (b), a retirement allowance, optional death allowance, or annual death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system or of a superseded system who has been or was retired for disability which did not on July 1, 1976, exceed five hundred dollars ($500) per month is hereby increased as follows:
Number of years of
Percentage of increase
county or district
in monthly retirement
service
allowance
25 or more years  ........................
10%
20–25 years  ........................
8%
15–20 years  ........................
6%
(b) No allowance shall be increased to more than five hundred dollars ($500) per month pursuant to subdivision (a).
This section shall not be operative in a county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in that county.
(Amended by Stats. 2008, Ch. 179, Sec. 104. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.34.

31739.34. (a) Except as provided in subdivision (b) of this section, a retirement allowance, optional death allowance or annual death allowance, including an allowance payable to a survivor of a member, payable to or on account of any member of this system, or of a superseded system, who retired for disability on or before December 31, 1971, is hereby increased as follows:
Number of Years of
Percentage of Increase in
County or District
Monthly Retirement
Service
Allowance
25 or more years  ........................
10%
20–25 years  ........................
8%
15–20 years  ........................
6%
10–15 years  ........................
4%
(b) No allowance shall be increased to more than five hundred dollars ($500) per month pursuant to subdivision (a) of this section.
This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make the provisions of this section applicable in such county.
(Added by Stats. 1980, Ch. 442.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.4.

31739.4. Every retirement allowance payable during the time this section is operative in any county to, or on account of any member of this system or of a superseded system, who has been retired for disability shall be increased by an amount equal to the product one dollar ($1) times years of service, not to exceed 20 years, times the number in the following table:
Period during which retirement
became effective
Multiply by
On or prior to June 30, 1957  ........................
2
12 months ended June 30, 1958  ........................
1.5
12 months ended June 30, 1959  ........................
1
12 months ended June 30, 1960  ........................
0.5
This section shall not be operative in any county except as follows: The board of supervisors of a county at any time and from time to time may find that economic conditions are such as to require either that this entire section, or this section as applied to one or more categories of members in the above table be applicable in such county. The board of supervisors of such county from time to time may either rescind or modify such finding and either find that economic conditions do not require that this section be applicable at all in such county or be applicable to a greater, lesser, or different extent than previously found. This section or this section as applied to one or more categories of members in the above table, as the case may be, shall be applicable in such county when and only during the time when such finding is in effect. The giving of additional retirement benefits pursuant to this section shall create no additional contractual rights and shall not preclude the withdrawal of such benefits either by action of the board of supervisors or of the Legislature.
(Added by Stats. 1963, Ch. 634.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31739.5.

31739.5. The provision in Section 31681.8, when adopted or readopted, shall apply to members of this system or a superseded system who retired for disability, except that payments to a member of this system or a superseded system who retired for service-connected disability or to the surviving beneficiary of such member shall be computed on the basis that the member’s service had continued to age 60, if a safety member, or age 70, if any other category of member, provided, that this additional service credit shall not exceed 30 years.
(Amended by Stats. 1988, Ch. 76, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31740.

31740. In any county which has implemented the provisions of Article 15.6 (commencing with Section 31855), any member who is thereafter retired for disability shall receive a supplemental disability retirement allowance in the sum of three hundred dollars ($300) per month in addition to any other benefits due under this chapter, provided the member’s disability is such that the member is incapable of gainful employment. The board may adopt regulations, including a requirement for periodic declarations of nonemployment, to administer this supplemental allowance.
(Added by Stats. 1974, Ch. 415.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31755.1.

31755.1. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resolution making this section applicable to the officers and employees of the county specified in the resolution and specifying the future operative date of its application.
(2) After the board of supervisors has adopted that resolution, the governing body of a district may make this section applicable to its officers and employees by adopting a resolution specifying the future operative date of its application, which date may not be earlier than the operative date of the resolution described in paragraph (1).
(b) (1) Except as otherwise provided in this section, Tier Three, as described in Section 31755, shall apply to all officers and employees who become members or return to membership in the county or district, and with respect to service performed, on or after the date this section becomes applicable in the county or district.
(2) On the date this section becomes applicable in the county or district, those officers and employees specified in the resolution described in subdivision (a) and then-subject to Tier Two shall thereafter be covered by Tier Three, as described in Section 31755, for service performed on and after that date.
(c) This section may not apply to an employee for any service performed while he or she is a safety member under this chapter or is subject to Tier One, as described in Section 31755.
(d) The benefit formula set forth in Section 31752 shall apply to the Tier Two service with which a member is entitled to be credited at retirement.
(e) If the county adopts a resolution pursuant to subdivision (a), this section shall apply equally to any nonrepresented employees in similar job classifications as employees within applicable bargaining units and to the supervisors and managers of those employees.
(Added by Stats. 2002, Ch. 695, Sec. 3. Effective September 18, 2002.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31755.2.

31755.2. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resolution making this section applicable to the officers and employees of the county specified in the resolution and specifying the future operative date of its application.
(2) After the board of supervisors has adopted that resolution, the governing body of a district may make this section applicable to its officers and employees by adopting a resolution specifying the future operative date of its application, which date may not be earlier than the operative date of the resolution described in paragraph (1).
(b) Notwithstanding any other provision of law, the benefit formula set forth in Section 31676.16 shall apply to the Tier Three service with which a member, who retires on or after the date this section becomes applicable in the county or district, is entitled to be credited and for which the member has paid Tier Three member contributions.
(c) Notwithstanding any other provision of law, Section 31676.16 does not apply to any periods of service performed as Tier Two service under Section 31751, except to the extent that Tier Three service credit is purchased by or on behalf of the member for those periods.
(d) If the county adopts a resolution pursuant to subdivision (a), this section shall apply equally to any nonrepresented employees in similar job classifications as employees within applicable bargaining units and to the supervisors and managers of those employees.
(Added by Stats. 2002, Ch. 695, Sec. 4. Effective September 18, 2002.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31755.3.

31755.3. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resolution making this section applicable to the officers and employees of the county specified in the resolution and specifying the future operative date of its application.
(2) After the board of supervisors has adopted that resolution, the governing body of a district may make this section applicable to its officers and employees by adopting a resolution specifying the future operative date of its application, which date may not be earlier than the operative date of the resolution described in paragraph (1).
(b) The benefit formula set forth in Section 31676.16 shall apply to the Tier One service with which a member is entitled to be credited at retirement. As used in this section, “Tier One” shall have the meaning set forth in Section 31755.
(c) If the county adopts a resolution pursuant to subdivision (a), this section shall apply equally to any nonrepresented employees in similar job classifications as employees within applicable bargaining units and to the supervisors and managers of those employees.
(Added by Stats. 2002, Ch. 695, Sec. 5. Effective September 18, 2002.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 10 - Disability Retirement › Section 31755.4.

31755.4. (a) The Board of Supervisors of Contra Costa County may, by adopting an ordinance, make this section applicable to officers and employees for whom the board is the governing body.
(b) This section shall not apply to any officer or employee who is a safety member.
(c) Notwithstanding any other law, members whose benefits are determined under Section 7522.20 shall be eligible for a disability retirement allowance under the same terms and conditions provided in Section 31755 for members covered by Tier Three. The board may not grant a disability retirement allowance to a member whose benefits are determined under Section 7522.20 except as provided in Section 31720.1. The amount of the disability retirement allowance for a member whose benefits are determined under Section 7522.20 shall be as set forth in Section 31727.01.
(d) Notwithstanding any other law, members whose benefits are determined under Section 7522.20 who have been retired for disability shall be eligible for cost-of-living adjustments under the same terms and conditions provided in subdivision (h) of Section 31755 for members covered by Tier Three who have been retired for disability.
(e) This section shall apply only in Contra Costa County.
(Added by Stats. 2016, Ch. 123, Sec. 1. (AB 1692) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.

31760. (a) Except as provided in subdivisions (b) and (c), until the first payment of any retirement allowance is made, a member or retired member, in lieu of the retirement allowance for the member’s life alone, may elect to have the actuarial equivalent of their retirement allowance as of the date of retirement applied to a lesser retirement allowance payable throughout life in accordance with one of the optional settlements specified in this article.
(b) Notwithstanding subdivision (a), a member who applies for disability and is subsequently granted a service retirement pending a determination of entitlement to disability may change the type of optional or unmodified allowance that they elected at the time the service retirement was granted, subject to the provisions of Section 31725.7.
(c) Notwithstanding subdivision (a), a member retired for service who applies for, and is subsequently granted, a disability retirement may change the type of optional or unmodified allowance that was elected at the time the service retirement was granted, subject to the provisions of Section 31725.7.
(Amended by Stats. 2022, Ch. 524, Sec. 5. (AB 1971) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.1.

31760.1. Upon the death of any member after retirement for service or non-service-connected disability from a retirement system established in a county subject to the provisions of Section 31676.1, 60 percent of the member’s retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued throughout life to the member’s surviving spouse. If there is no surviving spouse entitled to an allowance hereunder or if the surviving spouse dies before every natural or adopted child of the deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had the surviving spouse lived, shall be paid to the surviving spouse’s natural or adopted child or children under that age collectively, to continue until every child dies or attains that age; provided, that no child shall receive any allowance after marrying or attaining the age of 18 years. No allowance, however, shall be paid under this section to a surviving spouse unless the surviving spouse was married to the member at least one year prior to the date of the member’s retirement. The right of a child or children of a deceased member to receive an allowance under this section, in the absence of an eligible surviving spouse, shall not be dependent on whether the child or children were nominated by the deceased member as the beneficiary of any benefits payable upon or by reason of the member’s death, and shall be superior to and shall supersede the rights and claims of any other beneficiary so nominated.
Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to those children up to the 22nd birthdays of the children if the children remain unmarried and are regularly enrolled as full-time students in an accredited school as determined by the board.
If at the death of any retired member there is no surviving spouse or minor children eligible for the 60-percent continuance provided in this section, and the total retirement allowance income received by the member during the member’s lifetime did not equal or exceed the member’s accumulated normal contributions, the member’s designated beneficiary shall be paid an amount equal to the excess of the member’s accumulated normal contributions over the member’s total retirement allowance income.
The superseding rights pursuant to this section shall not affect benefits payable to a named beneficiary as provided under Section 31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3, 31789.5, or 31790.
(Amended by Stats. 2020, Ch. 275, Sec. 50. (AB 2101) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.11.

31760.11. Notwithstanding Section 31760.1, upon the death after retirement of any member covered under Section 31751, 60 percent of the member’s retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued throughout life to the member’s spouse if the spouse is designated as the beneficiary. No allowance, however, shall be paid under this section to a surviving spouse unless she or he was married to the member at least one year prior to the date of the member’s retirement.
If there is an eligible spouse, in addition to the above, 20 percent of the member’s unmodified retirement allowance shall be paid to each of the member’s children. The maximum family benefit under this section shall be 100 percent of the member’s retirement allowance.
If, on the death after retirement of any member covered under Section 31751, there is no spouse eligible for the 60 percent continuance but there is at least one eligible child, or if there was an eligible spouse and the spouse dies while there is at least one eligible child, the child, or children collectively, shall be entitled to the 60 percent continuance of the member’s unmodified allowance.
As used in this section, “child” means a member’s child who is dependent upon such member at the time of his or her retirement and while such child is unmarried and:
(a) Under 18 years of age, or
(b) Whether under or over 18 years of age, totally disabled and such disability occurred prior to such child attaining the age of 18 years, or
(c) Eighteen years of age or over, but has not attained the age of 22 years, and is enrolled as a full-time student in an accredited school, as determined by the board.
If, at the death of any retired member, there is no surviving spouse or children eligible for the continuance of the allowance provided in this section, and the total retirement allowance income received by the member during the member’s lifetime did not exceed the member’s accumulated normal contributions and cost-of-living contributions, the member’s designated beneficiary shall be paid an amount equal to the excess of such contributions at retirement date over the total amount of the retirement allowance income received by the member.
(Added by Stats. 1980, Ch. 58.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.12.

31760.12. Notwithstanding Section 31760.1, each survivor allowance paid pursuant to Section 31760.1 on account of a member who retires on or after the operative date of this section shall be equal to 65 percent of the member’s monthly retirement allowance, if not modified in accordance with one of the optional settlements specified in this article.
This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
(Added by Stats. 2001, Ch. 778, Sec. 9. Effective October 13, 2001. Section conditionally operative by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.13.

31760.13. (a) Notwithstanding Section 31760.1, each survivor allowance paid on or after the operative date of this section pursuant to Section 31760.1 on account of a member who retires before the operative date of this section shall be equal to 65 percent of the member’s monthly retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, as adjusted for the net cost-of-living percentage increase, if any, awarded to that survivor prior to the operative date of this section.
(b) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
(Added by Stats. 2001, Ch. 778, Sec. 10. Effective October 13, 2001. Section conditionally operative by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.2.

31760.2. (a) Notwithstanding Section 31481 or 31760.1, upon the death of any member after retirement for service or non-service-connected disability from a retirement system established in a county pursuant to this chapter, 60 percent of the member’s retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued to the member’s surviving spouse for life. If there is no surviving spouse entitled to an allowance under this section or if the surviving spouse dies before every child of the deceased member attains the age of 18 years, then the allowance that the surviving spouse would have received had the surviving spouse lived, shall be paid to the surviving spouse’s child or children under that age collectively, to continue until each child dies or attains that age. However, no child may receive any allowance after marrying or attaining the age of 18 years.
(b) No allowance may be paid under this section to a surviving spouse unless the surviving spouse was married to the member at least two years prior to the date of death and has attained the age of 55 years on or prior to the date of death.
(c) Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to the children up to the 22nd birthdays of the children if the children remain unmarried and are regularly enrolled as full-time students in an accredited school, as determined by the board.
(d) If at the death of any retired member there is no surviving spouse or minor children eligible for the 60-percent continuance provided in this section and the total retirement allowance income received by the retired member during the member’s lifetime did not equal or exceed the member’s accumulated normal contributions, the retired member’s designated beneficiary shall be paid an amount equal to the excess of the member’s accumulated normal contributions over the member’s total retirement allowance income.
(e) No allowance may be paid pursuant to this section to any person who is entitled to an allowance pursuant to Section 31760.1.
(f) The superseding rights pursuant to this section do not affect benefits payable to a named beneficiary as provided under Section 31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3, 31789.5, or 31790.
(g) This section is not applicable in any county until the board of retirement, by resolution adopted by a majority vote, makes this section applicable in the county. The board’s resolution may designate a date, which may be prior or subsequent to the date of the resolution, as of which the resolution and this section shall be operative in the county.
(Amended by Stats. 2020, Ch. 275, Sec. 51. (AB 2101) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.3.

31760.3. The sole purpose of this section is to notify the current spouse of the selection of benefits or change of beneficiary made by a member. Nothing in this section is intended to conflict with community property law. An application for a refund of the member’s accumulated contributions, an election of optional settlement, or a change in beneficiary designation shall contain the signature of the current spouse of the member, unless the member declares, in writing under penalty of perjury, any of the following:
(a) The member is not married.
(b) The current spouse has no identifiable community property interest in the benefit.
(c) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse.
(d) The current spouse has been advised of the application and has refused to sign the written acknowledgment.
(e) The current spouse is incapable of executing the acknowledgment because of incapacitating mental or physical condition.
(f) The member and the current spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code which makes the community property law inapplicable to the marriage.
This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote, make this section applicable in the county.
(Amended by Stats. 1992, Ch. 163, Sec. 87. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 4 - EMPLOYEES › PART 3 - RETIREMENT SYSTEMS › CHAPTER 3 - County Employees Retirement Law of 197 › ARTICLE 11 - Optional Retirement Allowances › Section 31760.5.

31760.5. (a) Notwithstanding Section 31760 and in lieu of the retirement allowance and the continuing or survivor allowance, if any, otherwise payable to a retired member and his or her surviving spouse pursuant to this article, a member may elect in writing to have the actuarial equivalent of these benefits, as of the date of retirement, applied to a lesser amount payable throughout the retired member’s life, and to an increased survivor allowance as approved by the board, upon the advice of the actuary, that, upon the death of the retired member, shall be continued throughout the life of and paid to his or her surviving spouse. To qualify for benefits under this section, the surviving spouse must be married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if the surviving spouse dies before every child of the deceased retired member, including every stepchild and adopted child, attains the age of 18 years, then the increased survivor allowance that the spouse would have received had he or she survived shall be paid to the deceased retired member’s child or children under the age of 18 years. If the increased survivor allowance is to be paid to surviving children, it shall be divided among the children in equal shares. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or attaining the age of 18 years.
(b) Notwithstanding any other provisions of this section, the allowance otherwise payable to the children of the deceased retired member shall be paid through the age of 21 years if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board.
(c) The election under this section may not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. If a member elects to be subject to this section, the retirement allowance that would otherwise be payable to the member shall be reduced by the additional cost to the system resulting from the increased survivor allowance. The actuarial cost of the survivor allowance payable under this section shall be calculated taking into account the life expectancy of the member’s surviving spouse.
(d) This section is only applicable to Los Angeles County and is not operative unless and until the board of supervisors of the county elects, by resolution adopted by a majority vote, to make this section operative in the county. This section applies only to those members who retire after the operative date of this section.
(Added by Stats. 2004, Ch. 152, Sec. 3. Effective January 1, 2005. Section conditionally operative by its own provisions.)