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 1 - General › Section 31451.

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 public employment and its accompanying physical disabilities by making provision for retirement compensation and death benefit as additional elements of compensation for future services and to provide a means by which public employees who become incapacitated may be replaced by more capable employees to the betterment of the public service without prejudice and without inflicting a hardship upon the employees removed.
(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 1 - General › Section 31452.

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 right accrued or accruing to any person under this chapter, the money in the fund created or continued under this chapter or the California Public Employees’ Pension Reform Act of 2013, and any property purchased for investment purposes pursuant to this chapter, are exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. They are not subject to execution or any other process of court whatsoever except to the extent permitted by Section 31603 of this code and Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this chapter.
(Amended by Stats. 2013, Ch. 247, Sec. 1. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31452.5.

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 to a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013, authorizing the treasurer or other entity authorized by the board to deduct a specified amount from the retirement allowance or benefit payable to any retired member or beneficiary of a retired member for any of the following purposes:
(1) Paying premiums on any policy or certificate of group life insurance or group disability insurance issued by an admitted insurer.
(2) Paying premiums for a prepaid group medical or hospital service plan.
(3) Paying premiums for a vision care program or dental plan, approved by the board, for the benefit of the retired member or his or her dependents.
(4) Paying premiums on national service life insurance or United States government converted insurance.
(5) Payment for the purchase of shares in or the payment of money to any regularly chartered credit union.
(6) Payment to a charitable organization or a federally chartered veterans’ organization that is approved by the board.
(7) Payments to a recognized retiree organization.
(8) Payment for the purchase of United States savings bonds.
(9) The payment of personal income taxes to the government of the United States or the State of California.
(10) Payment for any retiree benefit programs available through the recognized retiree organization. The board may require that this payment be to a single party designated by the recognized retiree organization, either to itself or to a third-party administrator.
(b) Each month the order shall be drawn in favor of the insurer, institution, credit union, organization, or government named in the written authorization for an amount equal to the deductions authorized in subdivision (a) and made during the month.
(c) The board may charge a reasonable fee for the making of the deductions and payments.
(Amended by Stats. 2013, Ch. 247, Sec. 2. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31452.6.

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 to a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013, authorizing the treasurer or other entity authorized by the board to deliver the monthly warrant, check, or electronic fund transfer, for the retirement allowance or benefit to any specified bank, savings and loan institution, or credit union to be credited to the account of the retired member or survivor of a deceased retired member. That delivery is full discharge of the liability of the board to pay a monthly retirement allowance or benefit to the retired member or survivor of a deceased retired member.
(b) Any payments directly deposited by electronic fund transfer following the date of death of a person who was entitled to receive a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013 shall be refunded to the retirement system.
(c) In order to obtain information from a financial institution following the death of a retired member or the beneficiary of a retired member, as provided in subdivision (o) of Section 7480, the board may certify in writing to the financial institution that the retired member or the beneficiary of a retired member has died and that transfers to the account of the retired member or beneficiary of a retired member at the financial institution from the retirement system occurred after the date of death of the retired member or the beneficiary of a retired member.
(Amended by Stats. 2013, Ch. 247, Sec. 3. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31452.65.

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 other account due from the retirement system has been lost or destroyed, the treasurer or other entity authorized by the board upon request of the board of retirement shall as provided by Section 31590 issue a duplicate warrant or check bearing the same date as the original in payment of the same amount, without requiring a bond from the payee, and the treasurer or other entity authorized by the board shall pay the duplicate in lieu of the original warrant or check and any losses incurred by reason of the issuance of duplicate warrants or checks shall be a charge against the account from which the payment is derived.
This section shall not be operative in any county until the time as the board of supervisors shall, by resolution, make this section applicable in the county.
(Amended by Stats. 1995, Ch. 584, Sec. 3. Effective January 1, 1996.)
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 1 - General › Section 31452.7.

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 law, be paid to the member’s designated beneficiary.
(b) Upon the death of any person receiving a survivor’s allowance under this chapter, any allowance earned but not yet paid to the survivor shall, notwithstanding any other provision of law, be paid to the survivor’s designated beneficiary.
(c) For purposes of this section, “beneficiary” includes, but is not limited to, a corporation, a trust, or an estate.
(Amended by Stats. 2022, Ch. 231, Sec. 8. (AB 1824) 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 1 - General › Section 31453.

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 intervals not to exceed three years. The valuation shall be conducted under the supervision of an actuary and shall cover the mortality, service, and compensation experience of the members and beneficiaries, and shall evaluate the assets and liabilities of the retirement fund. Upon the basis of the investigation, valuation, and recommendation of the actuary, the board shall, at least 45 days prior to the beginning of the succeeding fiscal year, recommend to the board of supervisors the changes in the rates of interest, in the rates of contributions of members, and in county and district appropriations as are necessary. With respect to the rates of interest to be credited to members and to the county or district, the board may, in its sound discretion, recommend a rate that is higher or lower than the interest assumption rate established by the actuarial survey. No adjustment shall be included in the new rates for time prior to the effective date of the revision.
(b) (1) Upon the basis of the investigation, valuation, and recommendation of the actuary, the board shall, at least 45 days prior to the beginning of the succeeding fiscal year, recommend to the governing body of a district within the county system that is not governed by the board of supervisors the changes in the rates of contributions of district members and in district appropriations as are necessary.
(2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county.
(Amended by Stats. 2005, Ch. 63, Sec. 1. Effective January 1, 2006.)
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 1 - General › Section 31453.5.

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 contribution rate which shall be computed as a level percentage of compensation which, when applied to the future compensation of the average new member entering the system, together with the required member contributions, will be sufficient to provide for the payment of all prospective benefits of such member. The portion of liability not provided by the normal contribution rate shall be amortized over a period not to exceed 30 years.
(Amended by Stats. 1983, Ch. 886, 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 1 - General › Section 31453.6.

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 30 years to amortize unfunded accrued actuarial obligations, as determined by their actuary or by an actuary employed by the board of investments, for benefits applicable to all membership categories for the purpose of determining employer contribution rates for counties and districts. The board of retirement shall approve a new amortization period based upon a request from the board of supervisors that demonstrates a financial necessity. The board of retirement may deny a request when the request would subject the fund to an unsound financial risk.
A board of retirement may take an action pursuant to this section only once.
(Added by Stats. 1992, Ch. 707, Sec. 3. Effective September 15, 1992.)
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 1 - General › Section 31454.

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 rates of contributions of members, and county and district appropriations in accordance with the recommendations of the board, but shall not fix them in amounts that reduce the individual benefits provided in this chapter or the California Public Employees’ Pension Reform Act of 2013.
(b) (1) The governing body of a district within the county system that is not governed by the board of supervisors shall, not later than 90 days after the beginning of the immediately succeeding fiscal year, adjust the rates of contributions of district members and in district appropriations in accordance with the recommendations of the board, but shall not fix them in amounts that reduce the individual benefits provided in this chapter or the California Public Employees’ Pension Reform Act of 2013.
(2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county.
(Amended by Stats. 2013, Ch. 247, Sec. 4. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31454.1.

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 confer” provisions of the Meyers-Milias-Brown Act; however, it is recognized that those provisions require that the board or the board of supervisors meet and confer with representatives of recognized employee organizations prior to determining a course of action with respect to the recommendations contained in the actuarial valuation.
(b) (1) 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 confer” provisions of the Meyers-Milias-Brown Act; however, it is recognized that those provisions require that the governing body of a district within the county system that is not governed by the board of supervisors meet and confer with representatives of recognized employee organizations prior to determining a course of action with respect to the recommendations contained in the actuarial valuation.
(2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county.
(c) The intent of the Legislature, in enacting this section, is to insure the solvency and actuarial soundness of the retirement systems governed by this chapter by preserving the independent nature of the actuarial evaluation process.
(Amended by Stats. 2005, Ch. 63, Sec. 3. Effective January 1, 2006.)
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 1 - General › Section 31454.5.

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 of the board, make an additional appropriation sufficient to fund over a period of 30 years any deficit which may result to the system because of the adoption of Section 31676.1, 31676.11, 31676.12, or 31695.1 or by the adoption of Articles 6.8, 7.5 and 8.7. The board of supervisors may make such additional appropriation whether recommended by the board or not.
(Amended by Stats. 1973, Ch. 55.)
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 1 - General › Section 31454.6.

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 body of every district, including the board of supervisors where it is the governing body, also shall make an additional appropriation in the amount to which it has agreed, otherwise in the same proportion as the total pay roll deductions from the salaries of all members employed by such district for the latest pay roll period bear to the total pay roll deductions from the salaries of all members employed by the county for the same pay roll period.
(Added by Stats. 1957, Ch. 1387.)
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 1 - General › Section 31454.7.

31454.7. The Legislature affirms the ruling of Mijares v. Orange County Employees’ Retirement System (2019) 32 Cal.App.5th 316, with respect to a board’s plenary authority to recommend adjustments to county and district contributions as necessary to ensure the appropriate funding of the system, and with respect to the mandate of Section 31454 that the county and districts adjust the rates of contributions of members and appropriations in accordance with the board’s recommendations. Under all circumstances, the county and districts shall each remain liable to the retirement system for their respective share of any unfunded actuarial liability of the system, as determined by the board.
(Added by Stats. 2020, Ch. 275, Sec. 29. (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 1 - General › Section 31455.

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 provisions contained in this article govern the construction of this chapter.
(Amended by Stats. 2013, Ch. 247, Sec. 5. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31455.5.

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, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit accrued or accruing to a person under this chapter.
(2) Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit accrued or accruing to a person under this chapter.
(3) Knowingly accept or obtain payment from a retirement system with knowledge that the recipient is not entitled to the payment under the provisions of this chapter and with the intent to retain the payment for personal use or benefit.
(4) Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section.
(b) For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results, physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit accrued or accruing to a person under this chapter.
(c) A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine.
(d) A person violating any provision of this section may be required by the court in a criminal action to make restitution to the retirement system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected.
(e) The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law.
(Added by Stats. 2008, Ch. 369, Sec. 5. 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 1 - General › Section 31456.

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 interest thereon.
(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 1 - General › Section 31457.

31457. “Annuity” means payment for life derived from contributions made by a member.
(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 1 - General › Section 31458.

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.)
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 1 - General › Section 31458.2.

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 to the payment of any portion of the death benefit, such spouse files with the board written evidence, satisfactory to the board, that she or he is the surviving spouse and the date of the marriage, such surviving spouse shall be deemed, for the purposes of this chapter, to have been nominated as the beneficiary by such member.
(Amended by Stats. 1965, Ch. 513.)
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 1 - General › Section 31458.3.

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 an order of the court dividing the community property interest in the member’s retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. If there is no designated beneficiary, payment shall be made to the estate of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse.
(b) 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 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961.
(Amended by Stats. 2008, Ch. 164, Sec. 1. 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 1 - General › Section 31458.4.

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 an order of the court dividing the community property interest in the member’s retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. If there is no designated beneficiary, payment shall be made to the estate of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse.
(b) This section shall not be operative in any county until the board of supervisors, by resolution, makes this section applicable in the county.
(Amended by Stats. 2008, Ch. 164, Sec. 2. 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 1 - General › Section 31459.

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, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9, 31596, 31596.1, 31601.1, 31607, 31611, 31616, 31625, 31784, and 31872, “board” means a board of investments.
(2) As used in the first paragraph of Section 31592.2, “board” means a board of investments.
(3) Sections 31510.4, 31522, 31523, 31524, 31525, 31528, 31529, 31529.5, 31595, 31618, 31680, and 31680.1 apply to both the board of retirement and board of investments, and “board” means both “board of retirement” and “board of investments.”
(b) In Article 17 (commencing with Section 31880), “board” means the Board of Administration of the Public Employees’ Retirement System.
(c) In all other cases, “board” means the board of retirement.
(Amended by Stats. 2008, Ch. 164, Sec. 3. 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 1 - General › Section 31459.1.

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, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9, 31596, 31596.1, 31601.1, 31607, 31610, 31611, 31612, 31613, 31616, 31618, 31621.11, 31625, 31639.26, 31784, and 31872, “board” means board of investments.
(2) As used in the first paragraph of Section 31592.2 and the first paragraph and subdivision (c) of the second paragraph of Section 31595, “board” means a board of investments.
(3) Sections 31521, 31522, 31522.1, 31522.2, 31523, 31524, 31525, 31528, 31529, 31529.5, 31535.1, 31580.2, 31614, 31680, and 31680.1, apply to both the board of retirement and board of investments, and “board” means either or both the board of retirement and board of investments.
(4) Subdivision (a) of Section 31526 and subdivisions (a) and (b) of the second paragraph of Section 31595 apply to both the board of retirement and board of investments, and “board” means either or both the board of retirement and board of investments.
(b) In Article 17 (commencing with Section 31880) of this chapter, “board” means the Board of Administration of the Public Employees’ Retirement System.
(c) In all other cases, “board” means the board of retirement.
(d) This section shall apply only in a county of the first class, as defined in Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961.
(Amended by Stats. 2011, Ch. 48, Sec. 1. (SB 637) Effective January 1, 2012.)
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 1 - General › Section 31460.

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 deferred compensation plan established pursuant to Chapter 8 (commencing with Section 18310) of Part 1 of Division 5 of Title 2 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, but does not include the monetary value of board, lodging, fuel, laundry, or other advantages furnished to a member.
(Amended by Stats. 1972, Ch. 1370.)
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 1 - General › Section 31461.

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 number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay. The computation for any absence shall be based on the compensation of the position held by the member at the beginning of the absence. Compensation, as defined in Section 31460, that has been deferred shall be deemed “compensation earnable” when earned, rather than when paid.
(b) “Compensation earnable” does not include, in any case, the following:
(1) Any compensation determined by the board to have been paid to enhance a member’s retirement benefit under that system. That compensation may include:
(A) Compensation that had previously been provided in kind to the member by the employer or paid directly by the employer to a third party other than the retirement system for the benefit of the member, and which was converted to and received by the member in the form of a cash payment in the final average salary period.
(B) Any one-time or ad hoc payment made to a member, but not to all similarly situated members in the member’s grade or class.
(C) Any payment that is made solely due to the termination of the member’s employment, but is received by the member while employed, except those payments that do not exceed what is earned and payable in each 12-month period during the final average salary period regardless of when reported or paid.
(2) Payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated, whether paid in a lump sum or otherwise, in an amount that exceeds that which may be earned and payable in each 12-month period during the final average salary period, regardless of when reported or paid.
(3) Payments for additional services rendered outside of normal working hours, whether paid in a lump sum or otherwise.
(4) Payments made at the termination of employment, except those payments that do not exceed what is earned and payable in each 12-month period during the final average salary period, regardless of when reported or paid.
(c) The terms of subdivision (b) are intended to be consistent with and not in conflict with the holdings in Salus v. San Diego County Employees Retirement Association (2004) 117 Cal.App.4th 734 and In re Retirement Cases (2003)110 Cal.App.4th 426.
(Amended by Stats. 2012, Ch. 297, Sec. 2. (AB 197) Effective January 1, 2013.)
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 1 - General › Section 31461.1.

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 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961.
(b) Notwithstanding Sections 31460 and 31461, neither “compensation” nor “compensation earnable” shall include any of the following: cafeteria or flexible benefit plan contributions, transportation allowances, car allowances, or security allowances, as enumerated in a resolution adopted pursuant to subdivision (c).
(c) Except as provided in subdivision (d), this section shall not be operative until the board of supervisors, by resolution adopted by a majority vote, makes this section operative with respect to any employee who becomes a member after the effective date of the resolution.
(d) Regardless of whether it has acted pursuant to subdivision (c), at any time the board of supervisors, by separate resolution adopted by a majority vote, may make this section operative with respect to any member not represented by a certified employee organization who makes an irrevocable election to become subject to this section.
(e) Nothing in this section shall be construed to affect any determination made by the board of retirement, pursuant to Section 31461, prior to the effective date of this section.
(f) Nothing in this section shall be construed to affect the validity of any memorandum of understanding or similar agreement that has been executed prior to the effective date of this section.
(Amended by Stats. 2006, Ch. 538, Sec. 303. Effective January 1, 2007.)
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 1 - General › Section 31461.2.

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, for the period under consideration, upon the basis of the average amount of fees received each month by such member.
(Added by Stats. 1961, Ch. 2095.)
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 1 - General › Section 31461.3.

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 this chapter in another county, a member of the State Teachers’ Retirement System, or a member of a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2 shall be considered compensation earnable by a member for purposes of computing final compensation for that member provided:
(1) The period intervening between active memberships in the respective systems does not exceed 90 days, or six months if Section 31840.4 applies.
(2) He or she retires concurrently under both systems and is credited with that period of service under the other system at the time of retirement.
(b) This section shall be applied retroactively under this chapter in favor of any member whose membership in the Public Employees’ Retirement System or in a retirement system established under this chapter in any county terminated prior to October 1, 1957, provided that he or she was eligible to and elected deferred retirement therein within 90 days after eligibility for reciprocity, the period intervening between active memberships in the respective systems did not exceed 90 days, or six months if Section 31840.4 applies, and he or she retires concurrently under both systems and is credited with that period of service under the other system at the time of retirement. The limitation of the 90-day or six-month period between the active membership in the two retirement systems shall not apply to an employee who entered the employment in which he or she became a member of the State Employees’ Retirement System prior to July 18, 1961; provided he or she entered that employment within 90 days, or six months if Section 31840.4 applies , after the termination of employment in the county system, whether that employment is with the state or with a county, a city, or other public agency that contracts with the Public Employees’ Retirement System, the State Teachers’ Retirement System, or a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2.
(Amended by Stats. 2001, Ch. 159, Sec. 116. Effective January 1, 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 1 - General › Section 31461.4.

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 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961.
(b) Notwithstanding Sections 31460 and 31461, neither “compensation” nor “compensation earnable” shall include any increase, made on or after January 1, 1996, in cafeteria or flexible benefit plan contributions for any member represented by a certified employee organization, nor shall they include any increase in cafeteria or flexible benefit plan contributions made on or after January 1, 1995, for any member not represented by a certified employee organization, provided that the nonrepresented member waives the applicability of Sections 31460 and 31461 in writing prior to receiving any cash payment based on the increase.
(c) This section shall not be operative in the county until the time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions of this section applicable in the county.
(Added by Stats. 1999, Ch. 7, Sec. 1. Effective March 24, 1999.)
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 1 - General › Section 31461.5.

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 under the program known on April 1, 1997, as the Executive and Unclassified Management Operational Incentive Plan or any successor program that is substantially similar by any members who are in positions identified as executive or unclassified management shall be excluded from all retirement benefit calculations.
(Added by Stats. 1998, Ch. 129, Sec. 1. Effective January 1, 1999.)
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 1 - General › Section 31461.6.

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 in excess of the statutory maximum workweek or work period applicable to the employee under Section 201 and following of Title 29 of the United States Code.
(b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013.
(Amended by Stats. 2013, Ch. 247, Sec. 6. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31462.

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 the member files an application for retirement, or, if the member fails to elect, during the three years immediately preceding their retirement. If a member has less than three years of service, their final compensation shall be determined by dividing their total compensation earnable by the number of months of service credited to them and multiplying by 12.
(b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 for all or any portion of their membership in the county retirement system.
(Amended by Stats. 2023, Ch. 159, Sec. 9. (SB 885) Effective January 1, 2024.)
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 1 - General › Section 31462.05.

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 of Division 7 of Title 1) for all or any portion of their membership in the county retirement system, “final compensation” as defined in Section 7522.32 shall apply.
(b) If a member has less than three years of service, that member’s final compensation shall be determined by dividing the total pensionable compensation by the number of months of service credited to the member and multiplying by 12.
(c) When determining final compensation for a member who does not have three consecutive years of earned pensionable compensation due to an absence, the compensation for any absence shall be based on the pensionable compensation of the position held by the member immediately prior to the absence.
(Amended by Stats. 2023, Ch. 159, Sec. 10. (SB 885) Effective January 1, 2024.)
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 1 - General › Section 31462.1.

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 she files an application for retirement, or, if he or she fails to elect, during the year immediately preceding his or her retirement.
(2) 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 the provisions of this section applicable in such county.
(b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her membership in the county retirement system.
(Amended by Stats. 2013, Ch. 247, Sec. 9. (AB 1380) Effective January 1, 2014.)
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 1 - General › Section 31462.11.

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 of any member, granted prior to the effective date of Section 31462.1 in such county, shall be recalculated as though Section 31462.1 had been in force in such county on the effective date of such allowance.
Any increased allowances resulting from such recalculation shall be payable only prospectively on and after the operative date of this section in that county.
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 the provisions of this section applicable in such county.
(Added by Stats. 1974, Ch. 249.)
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 1 - General › Section 31462.2.

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 compensation earnable earned for that period of time during which the member rendered the equivalent of three years of full-time service.
(b) The member may elect at or before the time the member files an application for retirement the period of time during which the member has earned three full years of credit upon which final compensation shall be calculated. If the member does not so elect, that period of time immediately preceding their retirement shall be used.
(c) This section also applies to a member meeting the conditions specified in subdivision (a), whose service is described in subdivision (a), and who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1).
(Amended by Stats. 2023, Ch. 159, Sec. 11. (SB 885) Effective January 1, 2024.)
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 1 - General › Section 31462.3.

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 or die on or after July 1, 2001, “final compensation” means the average annual compensation earnable by a member during any year elected by the member at or before the time he or she files an application for retirement or, if the member fails to elect, during the year immediately preceding his or her retirement.
(b) As used in this section, the “designated plans” means the retirement plans sponsored by the County of Los Angeles that are commonly known as Retirement Plans B, C, and D for general members and Retirement Plan B for safety members.
(c) 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.
(Added by Stats. 2001, Ch. 778, Sec. 1.5. 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 1 - General › Section 31463.

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, 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 1 - General › Section 31464.

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. 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 1 - General › Section 31465.

31465. “Additional contributions” means contributions made by members in addition to normal contributions under Section 31627.
(Amended by Stats. 2020, Ch. 275, Sec. 30. (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 1 - General › Section 31466.

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. 1947, Ch. 424.)