31450. This chapter may be cited as the County Employees Retirement
Law of 1937.
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.
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, 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.
31452.5. 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, 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 the purpose of paying premiums on any policy or
certificate of group life insurance or group disability insurance
issued by an admitted insurer, for any prepaid group medical or
hospital service plan, or both, for any vision care program or dental
plan, approved by the board, for the benefit of the retired member
or his or her dependents, for the payment of premiums on national
service life insurance or United States government converted
insurance, for the purchase of shares in or the payment of money to
any regularly chartered credit union, for charitable organizations or
federally chartered veterans' organizations as approved by both the
board of retirement and the board of supervisors, or for the purchase
of United States Savings Bonds, or for the payment of personal
income taxes to the government of the United States or of the State
of California, and each month shall draw his or her order in favor of
the insurer, institution, credit union, or government named in the
written authorization for an amount equal to the deductions so
authorized and made during the month. The board may charge a
reasonable fee for the making of the deductions and payments.
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, 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 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.
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.
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.
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.
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.
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.
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.
(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.
(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.
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.
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.
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.
31455. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.
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.
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.
31457. "Annuity" means payment for life derived from contributions
made by a member.
31458. "Beneficiary" means any person in receipt of a pension,
annuity, retirement allowance, death benefit, or any other benefit.
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.
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.
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.
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.
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, 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.
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.
31461. "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.
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.
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.
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.
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.
31461.45. (a) This section applies only to a county of the first
class, as defined by Section 28020.
(b) "Compensation earnable" in a county of the first class shall
include only those items of remuneration specifically included as a
result of the court-approved settlement in (1) the consolidated cases
of Los Angeles County Professional Peace Officers' Association, et
al. v. Board of Retirement, Los Angeles County Employees' Retirement
Association (Los Angeles County Superior Court, Case No. BS 051355)
and Milton Cohen v. Board of Retirement, Los Angeles County Employees'
Retirement Association (Los Angeles County Superior Court, Case No.
BS 051774), (2) the case of Los Angeles County Fire Department
Association of Chiefs, et al. v. Board of Retirement, Los Angeles
County Employees' Retirement Association, County of Los Angeles (Los
Angeles County Superior Court, Case No. BS 057432), and (3) the case
of Cecil Bugh v. Board of Retirement, Los Angeles County Employees'
Retirement System (Los Angeles County Superior Court, Case No. BS
055611), all of which were included in Coordination Proceeding
Special Title (Rule 1550(b)), Retirement Cases, Judicial Council
Coordination Proceeding No. 4049, even if a final judicial
determination in that coordinated case, or any subsequent case,
should conclude that any additional item of remuneration must be
included in that definition with respect to any other county. Those
items of remuneration in addition to base salary and the pensionable
portion, if any, of cafeteria plan contributions, are set forth in
Resolution No. 01-001, adopted by the board of retirement on or
before the effective date of this section and shall include only the
following:
Earnings
Code No. Title
099 Patrol Station Retention Bonus
358 Temporary Promotion Bonus
359 Lifeguard Paramedic, Catalina
503 Uniform Allowance
504 Night Shift Differential
505 Coroner's Inquest Reporter
507 Cogeneration or Hydroelectric Ops
and Mtce
508 Henninger Flats Watchman
509 Freezer Work
510 Department Head Merit
511 Board of Supervisors Performance
Lump Sum
512 Fire Suppression Transportation
Truck Driver
514 Backhoe Operator
516 Explosives Work
517 Evening Shift Differential
518 Power Equipment Repair, Snow
Conditions
519 Engineering Employees, Hazard Pay
520 Home Care Compensation
522 Custodian Acting as Watchman
523 DPD Deputy Director Recruitment
Incentive
Contracting and Productivity
525 Improvement Incentive for
Managers
528 WEBCOM Press Operator
529 Power Equipment Operator, Fire
Suppression
530 RN Extra Weekends Worked
531 Standby
532 Additional Responsibilities or
Exceptional Performance
533 Power Sweeper Operator in
Emergency Conditions
534 Power Plant Relief Engineer
535 Clinic Physician, First Hour and
One-Half
Consulting Specialist, MD, &
536 Mental Health Consultant,
MD, First and Fifth Hours
538 RN Assigned as Acting or Relief
Charge Nurse
539 RN Weekend Differential
540 Relief Nurse Holiday Differential
(Hourly Item)
541 Relief Nurse Weekend Differential
(Hourly Item)
544 Appraisers Laundry and Dry
Cleaning Allowance
545 Heavy Duty Tow Truck Driver
546 Slurry Seal Truck Driver
547 Lifeguard Paramedic-Shift
548 Lifeguard Paramedic-Hourly
Incentive Awards for Medi-Cal
550 Reimbursements, Health
Services
551 Group Incentive Award, Treasurer
Tax Collector
Pioneer Excavation, Tunnel
Operations, Fire Suppression and
553 Snow Removal--Construction
Inspection and Surveying
Groups
Pioneer Excavation, Tunnel
554 Operations, Fire Suppression and
Snow Removal
555 Scaffold or Swing Stage, 30 Feet
Above Grade
556 High Scale and Rigging Operations,
General
557 Evening Shift, Med Tech
558 Night Shift, Med Tech
565 Paramedic Recertification Bonus
567 Deputy Sheriff Reserve Annual
Compensation
570 Home Care Program Standby
571 CSW Licensure Supervision
572 MOU Lump Sum Bonus
601 Lifeguard Paramedic, Relief
Supervising Transportation Deputy
602 Performing Dispatcher
Duties
603 Automotive Service Excellence
Certificates
604 RN Mobile Intensive Care
Certification
605 Custodian Floor Waxing Bonus
606 Fire Equipment Mechanic Assigned
Field Repair Duties
607 SDPO Assigned Acting Director In A
Camp
608 Bilingual Bonus
609 RN Assigned to Emergency Room
610 Antelope Valley Firefighting Crew
611 Tree Trimmer Supervisor, Power
Operations
612 Shooting Bonus, Expert
613 Shooting Bonus, Distinguished
Expert
614 Shooting Bonus, Marksman
615 Shooting Bonus, Sharpshooter
616 Antelope Valley Quarters, On Fire
Call
617 Clinic Nurse Assigned to Probation
Camp
618 Transportation Bus Driver, Sheriff
619 Lifeguard Paramedic
620 San Gabriel Dam Operator
621 Nurse Retention Incentive
622 Advanced Appraiser Certification
623 Probation Transcriber Typist
Production Incentive
624 Bilingual Additional Bonus
Children's Social Workers
625 Agriculture Inspectors Assigned to
Standardization
626 Firefighter Paramedic not Assigned
to a Paramedic Post
628 Bilingual Bonus for Other Than
Monthly Employees
629 Mortuary Attendant at LAC/USC MC
630 Safety Police
Educational/Longevity Incentive
Mental Health Workers Assigned to
632 Sheriff's Detention
Facilities
634 Supervising Detention Services
Officer of the Day
635 Transportation Deputy Bus Driver,
Probation
636 Sheriff's Station Commander
Expenses
637 Professional Development Expenses
638 Probation Telecom Equipment Bonus
639 Intern Housing Allowance LAC/USC
Med. Center
640 Children's Services ERCP Retention
641 Shooting Bonus, Expert-Reserve
642 Shooting Bonus, Distinguished
Expert-Reserve
643 Shooting Bonus, Marksman-Reserve
644 Shooting Bonus, Sharpshooter-
Reserve
645 Welder Certification Bonus
FLSA Premium Pay for Regularly
782 Scheduled Work
Assignment
903 Non-Elective Leave Buyback
910 Sick Buyback
911 Vacation Buyback
912 Holiday Buyback
913 Sick Pre-71 Buyback
914 Sick Buyback-Probation 56 Hour
915 Vacation Buyback-56 Hour
930 Special Paid Leave Buyback
931 Appraisers Leave Buyback
932 Intern/Resident Leave Buyback
None Emp Suggest
None Park, Nontaxable
None Park, Taxable
None Prior Salary
None Transportation Allowance
None Traffic Mitigation
Any additional item of remuneration may subsequently be included
in "compensation earnable" pursuant to a memorandum of understanding
between a county of the first class and any of its recognized
employee organizations or a resolution adopted by its board of
supervisors.
(c) No item of remuneration included in "compensation earnable" as
a result of the court-approved settlement and as set forth in the
resolution described above in subdivision (b) may be removed
therefrom as a result of any subsequent judicial determination,
except that a county of the first class and a recognized employee
organization may agree only through a memorandum of understanding to
exclude the item of remuneration from "compensation earnable" or the
board of supervisors may adopt a resolution excluding the item of
remuneration from "compensation earnable" with respect to
nonrepresented employees.
(d) This section shall not be operative in the county until the
board of supervisors, by resolution adopted by a majority vote, makes
the provisions of this section applicable in the county.
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.
31461.6. "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.
31462. "Final compensation" means the average annual compensation
earnable by a member during any three years elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the three years immediately preceding his
retirement. If a member has less than three years of service, his
final compensation shall be determined by dividing his total
compensation by the number of months of service credited to him and
multiplying by 12.
31462.1. "Final compensation" means the average annual compensation
earnable by a member during any year elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the year immediately preceding his retirement.
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.
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.
31462.2. "Final compensation" for members whose service is on a
tenure which is temporary, seasonal, intermittent, or for part time
only means one-third of the total compensation earned for that period
of time during which the member rendered the equivalent of three
years of full-time service.
The member may elect at or before the time he files an application
for retirement the period of time during which he has earned three
full years of credit upon which final compensation shall be
calculated. If he does not so elect, such period of time immediately
preceding his retirement shall be used.
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.
31463. "Normal contributions" means contributions by a member at
the normal rates of contributions, but does not include additional
contributions by a member.
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.
31465. "Additional contributions" means contributions made by
members in addition to normal contributions under Sections 31504 and
31627.
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.
31467. "Accumulated contributions" means accumulated normal
contributions plus any accumulated additional contributions standing
to the credit of a member's account.
31468. (a) "District" means a district, formed under the laws of
the state, located wholly or partially within the county other than a
school district.
(b) "District" also includes any institution operated by two or
more counties, in one of which there has been adopted an ordinance
placing this chapter in operation.
(c) "District" also includes any organization or association
authorized by Chapter 26 of the Statutes of 1935, as amended by
Chapter 30 of the Statutes of 1941, or by Section 50024, which
organization or association is maintained and supported entirely from
funds derived from counties, and the board of any retirement system
is authorized to receive the officers and employees of that
organization or association into the retirement system managed by the
board.
(d) "District" also includes, but is not limited to, any sanitary
district formed under Part 1 (commencing with Section 6400) of
Division 6 of the Health and Safety Code.
(e) "District" also includes any city, public authority, public
agency, and any other political subdivision or public corporation
formed or created under the constitution or laws of this state and
located or having jurisdiction wholly or partially within the county.
(f) "District" also includes any nonprofit corporation or
association conducting an agricultural fair for the county pursuant
to a contract between the corporation or association and the board of
supervisors under the authority of Section 25905.
(g) "District" also includes the Regents of the University of
California, but with respect only to employees who were employees of
a county in a county hospital, who became university employees
pursuant to an agreement for transfer to the regents of a county
hospital or of the obligation to provide professional medical
services at a county hospital, and who under that agreement had the
right and did elect to continue membership in the county's retirement
system established under this chapter.
(h) "District" also includes the South Coast Air Quality
Management District, a new public agency created on February 1, 1977,
pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code.
(1) Employees of the South Coast Air Quality Management District
shall be deemed to be employees of a new public agency occupying new
positions on February 1, 1977. On that date, those new positions are
deemed not to have been covered by any retirement system.
(2) No retirement system coverage may be effected for an employee
of the South Coast Air Quality Management District who commenced
employment with the district during the period commencing on February
1, 1977, and ending on December 31, 1978, unless and until the
employee shall have elected whether to become a member of the
retirement association established in accordance with this chapter
for employees of Los Angeles County or the retirement association
established in accordance with this chapter for employees of San
Bernardino County. The election shall occur before January 1, 1980.
Any employee who fails to make the election provided for herein shall
be deemed to have elected to become a member of the retirement
association established in accordance with this chapter for the
County of Los Angeles.
(3) The South Coast Air Quality Management District shall make
application to the retirement associations established in accordance
with this chapter for employees of Los Angeles County and San
Bernardino County for coverage of employees of the South Coast Air
Quality Management District.
(4) An employee of the South Coast Air Quality Management District
who commenced employment with the district during the period
commencing on February 1, 1977, and ending on December 31, 1978, and
who has not terminated employment before January 1, 1980, shall be
covered by the retirement association elected by the employee
pursuant to paragraph (2). That coverage shall be effected no later
than the first day of the first month following the date of the
election provided for in paragraph (2).
(5) Each electing employee shall receive credit for all service
with the South Coast Air Quality Management District. However, the
elected retirement association may require, as a prerequisite to
granting that credit, the payment of an appropriate sum of money or
the transfer of funds from another retirement association in an
amount determined by an enrolled actuary and approved by the elected
retirement association's board. The amount to be paid shall include
all administrative and actuarial costs of making that determination.
The amount to be paid shall be shared by the South Coast Air Quality
Management District and the employee. The share to be paid by the
employee shall be determined by good faith bargaining between the
district and the recognized employee organization, but in no event
shall the employee be required to contribute more than 25 percent of
the total amount required to be paid. The elected retirement
association's board may not grant that credit for that prior service
unless the request for that credit is made to, and the required
payment deposited with, the elected retirement association's board no
earlier than January 1, 1980, and no later than June 30, 1980. The
foregoing shall have no effect on any employee's rights to reciprocal
benefits under Article 15 (commencing with Section 31830).
(6) An employee of the South Coast Air Quality Management District
who commenced employment with the district after December 31, 1978,
shall be covered by the retirement association established in
accordance with this chapter for employees of San Bernardino County.
That coverage shall be effected as of the first day of the first
month following the employee's commencement date.
(7) Notwithstanding paragraphs (2) and (4) above, employees of the
South Coast Air Quality Management District who were employed
between February 1, 1977, and December 31, 1978, and who terminate
their employment between February 1, 1977, and January 1, 1980, shall
be deemed to be members of the retirement association established in
accordance with this chapter for the employees of Los Angeles County
commencing on the date of their employment with the South Coast Air
Quality Management District.
(i) "District" also includes any nonprofit corporation that
operates one or more museums within a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, pursuant to a
contract between the corporation and the board of supervisors of the
county, and that has entered into an agreement with the board and the
county setting forth the terms and conditions of the corporation's
inclusion in the county's retirement system.
(j) "District" also includes any economic development association
funded in whole or in part by a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, and that has entered
into an agreement with the board of supervisors and the county
setting forth the terms and conditions of the association's inclusion
in the county's retirement system.
(k) "District" also includes any special commission established in
the Counties of Tulare and San Joaquin as described by Section
14087.31 of the Welfare and Institutions Code, pursuant to a contract
between the special commission and the county setting forth the
terms and conditions of the special commission's inclusion in the
county's retirement system with the approval of the board of
supervisors and the board of retirement.
(l) (1) "District" also includes the retirement system established
under this chapter in Orange County.
(2) "District" also includes the retirement system established
under this chapter in San Bernardino County at such time as the board
of retirement, by resolution, makes this section applicable in that
county.
31469. (a) "Employee" means any officer or other person employed by
a county whose compensation is fixed by the board of supervisors or
by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attach
31450. This chapter may be cited as the County Employees Retirement
Law of 1937.
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.
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, 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.
31452.5. 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, 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 the purpose of paying premiums on any policy or
certificate of group life insurance or group disability insurance
issued by an admitted insurer, for any prepaid group medical or
hospital service plan, or both, for any vision care program or dental
plan, approved by the board, for the benefit of the retired member
or his or her dependents, for the payment of premiums on national
service life insurance or United States government converted
insurance, for the purchase of shares in or the payment of money to
any regularly chartered credit union, for charitable organizations or
federally chartered veterans' organizations as approved by both the
board of retirement and the board of supervisors, or for the purchase
of United States Savings Bonds, or for the payment of personal
income taxes to the government of the United States or of the State
of California, and each month shall draw his or her order in favor of
the insurer, institution, credit union, or government named in the
written authorization for an amount equal to the deductions so
authorized and made during the month. The board may charge a
reasonable fee for the making of the deductions and payments.
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, 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 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.
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.
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.
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.
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.
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.
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.
(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.
(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.
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.
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.
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.
31455. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.
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.
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.
31457. "Annuity" means payment for life derived from contributions
made by a member.
31458. "Beneficiary" means any person in receipt of a pension,
annuity, retirement allowance, death benefit, or any other benefit.
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.
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.
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.
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.
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, 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.
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.
31461. "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.
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.
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.
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.
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.
31461.45. (a) This section applies only to a county of the first
class, as defined by Section 28020.
(b) "Compensation earnable" in a county of the first class shall
include only those items of remuneration specifically included as a
result of the court-approved settlement in (1) the consolidated cases
of Los Angeles County Professional Peace Officers' Association, et
al. v. Board of Retirement, Los Angeles County Employees' Retirement
Association (Los Angeles County Superior Court, Case No. BS 051355)
and Milton Cohen v. Board of Retirement, Los Angeles County Employees'
Retirement Association (Los Angeles County Superior Court, Case No.
BS 051774), (2) the case of Los Angeles County Fire Department
Association of Chiefs, et al. v. Board of Retirement, Los Angeles
County Employees' Retirement Association, County of Los Angeles (Los
Angeles County Superior Court, Case No. BS 057432), and (3) the case
of Cecil Bugh v. Board of Retirement, Los Angeles County Employees'
Retirement System (Los Angeles County Superior Court, Case No. BS
055611), all of which were included in Coordination Proceeding
Special Title (Rule 1550(b)), Retirement Cases, Judicial Council
Coordination Proceeding No. 4049, even if a final judicial
determination in that coordinated case, or any subsequent case,
should conclude that any additional item of remuneration must be
included in that definition with respect to any other county. Those
items of remuneration in addition to base salary and the pensionable
portion, if any, of cafeteria plan contributions, are set forth in
Resolution No. 01-001, adopted by the board of retirement on or
before the effective date of this section and shall include only the
following:
Earnings
Code No. Title
099 Patrol Station Retention Bonus
358 Temporary Promotion Bonus
359 Lifeguard Paramedic, Catalina
503 Uniform Allowance
504 Night Shift Differential
505 Coroner's Inquest Reporter
507 Cogeneration or Hydroelectric Ops
and Mtce
508 Henninger Flats Watchman
509 Freezer Work
510 Department Head Merit
511 Board of Supervisors Performance
Lump Sum
512 Fire Suppression Transportation
Truck Driver
514 Backhoe Operator
516 Explosives Work
517 Evening Shift Differential
518 Power Equipment Repair, Snow
Conditions
519 Engineering Employees, Hazard Pay
520 Home Care Compensation
522 Custodian Acting as Watchman
523 DPD Deputy Director Recruitment
Incentive
Contracting and Productivity
525 Improvement Incentive for
Managers
528 WEBCOM Press Operator
529 Power Equipment Operator, Fire
Suppression
530 RN Extra Weekends Worked
531 Standby
532 Additional Responsibilities or
Exceptional Performance
533 Power Sweeper Operator in
Emergency Conditions
534 Power Plant Relief Engineer
535 Clinic Physician, First Hour and
One-Half
Consulting Specialist, MD, &
536 Mental Health Consultant,
MD, First and Fifth Hours
538 RN Assigned as Acting or Relief
Charge Nurse
539 RN Weekend Differential
540 Relief Nurse Holiday Differential
(Hourly Item)
541 Relief Nurse Weekend Differential
(Hourly Item)
544 Appraisers Laundry and Dry
Cleaning Allowance
545 Heavy Duty Tow Truck Driver
546 Slurry Seal Truck Driver
547 Lifeguard Paramedic-Shift
548 Lifeguard Paramedic-Hourly
Incentive Awards for Medi-Cal
550 Reimbursements, Health
Services
551 Group Incentive Award, Treasurer
Tax Collector
Pioneer Excavation, Tunnel
Operations, Fire Suppression and
553 Snow Removal--Construction
Inspection and Surveying
Groups
Pioneer Excavation, Tunnel
554 Operations, Fire Suppression and
Snow Removal
555 Scaffold or Swing Stage, 30 Feet
Above Grade
556 High Scale and Rigging Operations,
General
557 Evening Shift, Med Tech
558 Night Shift, Med Tech
565 Paramedic Recertification Bonus
567 Deputy Sheriff Reserve Annual
Compensation
570 Home Care Program Standby
571 CSW Licensure Supervision
572 MOU Lump Sum Bonus
601 Lifeguard Paramedic, Relief
Supervising Transportation Deputy
602 Performing Dispatcher
Duties
603 Automotive Service Excellence
Certificates
604 RN Mobile Intensive Care
Certification
605 Custodian Floor Waxing Bonus
606 Fire Equipment Mechanic Assigned
Field Repair Duties
607 SDPO Assigned Acting Director In A
Camp
608 Bilingual Bonus
609 RN Assigned to Emergency Room
610 Antelope Valley Firefighting Crew
611 Tree Trimmer Supervisor, Power
Operations
612 Shooting Bonus, Expert
613 Shooting Bonus, Distinguished
Expert
614 Shooting Bonus, Marksman
615 Shooting Bonus, Sharpshooter
616 Antelope Valley Quarters, On Fire
Call
617 Clinic Nurse Assigned to Probation
Camp
618 Transportation Bus Driver, Sheriff
619 Lifeguard Paramedic
620 San Gabriel Dam Operator
621 Nurse Retention Incentive
622 Advanced Appraiser Certification
623 Probation Transcriber Typist
Production Incentive
624 Bilingual Additional Bonus
Children's Social Workers
625 Agriculture Inspectors Assigned to
Standardization
626 Firefighter Paramedic not Assigned
to a Paramedic Post
628 Bilingual Bonus for Other Than
Monthly Employees
629 Mortuary Attendant at LAC/USC MC
630 Safety Police
Educational/Longevity Incentive
Mental Health Workers Assigned to
632 Sheriff's Detention
Facilities
634 Supervising Detention Services
Officer of the Day
635 Transportation Deputy Bus Driver,
Probation
636 Sheriff's Station Commander
Expenses
637 Professional Development Expenses
638 Probation Telecom Equipment Bonus
639 Intern Housing Allowance LAC/USC
Med. Center
640 Children's Services ERCP Retention
641 Shooting Bonus, Expert-Reserve
642 Shooting Bonus, Distinguished
Expert-Reserve
643 Shooting Bonus, Marksman-Reserve
644 Shooting Bonus, Sharpshooter-
Reserve
645 Welder Certification Bonus
FLSA Premium Pay for Regularly
782 Scheduled Work
Assignment
903 Non-Elective Leave Buyback
910 Sick Buyback
911 Vacation Buyback
912 Holiday Buyback
913 Sick Pre-71 Buyback
914 Sick Buyback-Probation 56 Hour
915 Vacation Buyback-56 Hour
930 Special Paid Leave Buyback
931 Appraisers Leave Buyback
932 Intern/Resident Leave Buyback
None Emp Suggest
None Park, Nontaxable
None Park, Taxable
None Prior Salary
None Transportation Allowance
None Traffic Mitigation
Any additional item of remuneration may subsequently be included
in "compensation earnable" pursuant to a memorandum of understanding
between a county of the first class and any of its recognized
employee organizations or a resolution adopted by its board of
supervisors.
(c) No item of remuneration included in "compensation earnable" as
a result of the court-approved settlement and as set forth in the
resolution described above in subdivision (b) may be removed
therefrom as a result of any subsequent judicial determination,
except that a county of the first class and a recognized employee
organization may agree only through a memorandum of understanding to
exclude the item of remuneration from "compensation earnable" or the
board of supervisors may adopt a resolution excluding the item of
remuneration from "compensation earnable" with respect to
nonrepresented employees.
(d) This section shall not be operative in the county until the
board of supervisors, by resolution adopted by a majority vote, makes
the provisions of this section applicable in the county.
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.
31461.6. "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.
31462. "Final compensation" means the average annual compensation
earnable by a member during any three years elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the three years immediately preceding his
retirement. If a member has less than three years of service, his
final compensation shall be determined by dividing his total
compensation by the number of months of service credited to him and
multiplying by 12.
31462.1. "Final compensation" means the average annual compensation
earnable by a member during any year elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the year immediately preceding his retirement.
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.
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.
31462.2. "Final compensation" for members whose service is on a
tenure which is temporary, seasonal, intermittent, or for part time
only means one-third of the total compensation earned for that period
of time during which the member rendered the equivalent of three
years of full-time service.
The member may elect at or before the time he files an application
for retirement the period of time during which he has earned three
full years of credit upon which final compensation shall be
calculated. If he does not so elect, such period of time immediately
preceding his retirement shall be used.
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.
31463. "Normal contributions" means contributions by a member at
the normal rates of contributions, but does not include additional
contributions by a member.
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.
31465. "Additional contributions" means contributions made by
members in addition to normal contributions under Sections 31504 and
31627.
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.
31467. "Accumulated contributions" means accumulated normal
contributions plus any accumulated additional contributions standing
to the credit of a member's account.
31468. (a) "District" means a district, formed under the laws of
the state, located wholly or partially within the county other than a
school district.
(b) "District" also includes any institution operated by two or
more counties, in one of which there has been adopted an ordinance
placing this chapter in operation.
(c) "District" also includes any organization or association
authorized by Chapter 26 of the Statutes of 1935, as amended by
Chapter 30 of the Statutes of 1941, or by Section 50024, which
organization or association is maintained and supported entirely from
funds derived from counties, and the board of any retirement system
is authorized to receive the officers and employees of that
organization or association into the retirement system managed by the
board.
(d) "District" also includes, but is not limited to, any sanitary
district formed under Part 1 (commencing with Section 6400) of
Division 6 of the Health and Safety Code.
(e) "District" also includes any city, public authority, public
agency, and any other political subdivision or public corporation
formed or created under the constitution or laws of this state and
located or having jurisdiction wholly or partially within the county.
(f) "District" also includes any nonprofit corporation or
association conducting an agricultural fair for the county pursuant
to a contract between the corporation or association and the board of
supervisors under the authority of Section 25905.
(g) "District" also includes the Regents of the University of
California, but with respect only to employees who were employees of
a county in a county hospital, who became university employees
pursuant to an agreement for transfer to the regents of a county
hospital or of the obligation to provide professional medical
services at a county hospital, and who under that agreement had the
right and did elect to continue membership in the county's retirement
system established under this chapter.
(h) "District" also includes the South Coast Air Quality
Management District, a new public agency created on February 1, 1977,
pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code.
(1) Employees of the South Coast Air Quality Management District
shall be deemed to be employees of a new public agency occupying new
positions on February 1, 1977. On that date, those new positions are
deemed not to have been covered by any retirement system.
(2) No retirement system coverage may be effected for an employee
of the South Coast Air Quality Management District who commenced
employment with the district during the period commencing on February
1, 1977, and ending on December 31, 1978, unless and until the
employee shall have elected whether to become a member of the
retirement association established in accordance with this chapter
for employees of Los Angeles County or the retirement association
established in accordance with this chapter for employees of San
Bernardino County. The election shall occur before January 1, 1980.
Any employee who fails to make the election provided for herein shall
be deemed to have elected to become a member of the retirement
association established in accordance with this chapter for the
County of Los Angeles.
(3) The South Coast Air Quality Management District shall make
application to the retirement associations established in accordance
with this chapter for employees of Los Angeles County and San
Bernardino County for coverage of employees of the South Coast Air
Quality Management District.
(4) An employee of the South Coast Air Quality Management District
who commenced employment with the district during the period
commencing on February 1, 1977, and ending on December 31, 1978, and
who has not terminated employment before January 1, 1980, shall be
covered by the retirement association elected by the employee
pursuant to paragraph (2). That coverage shall be effected no later
than the first day of the first month following the date of the
election provided for in paragraph (2).
(5) Each electing employee shall receive credit for all service
with the South Coast Air Quality Management District. However, the
elected retirement association may require, as a prerequisite to
granting that credit, the payment of an appropriate sum of money or
the transfer of funds from another retirement association in an
amount determined by an enrolled actuary and approved by the elected
retirement association's board. The amount to be paid shall include
all administrative and actuarial costs of making that determination.
The amount to be paid shall be shared by the South Coast Air Quality
Management District and the employee. The share to be paid by the
employee shall be determined by good faith bargaining between the
district and the recognized employee organization, but in no event
shall the employee be required to contribute more than 25 percent of
the total amount required to be paid. The elected retirement
association's board may not grant that credit for that prior service
unless the request for that credit is made to, and the required
payment deposited with, the elected retirement association's board no
earlier than January 1, 1980, and no later than June 30, 1980. The
foregoing shall have no effect on any employee's rights to reciprocal
benefits under Article 15 (commencing with Section 31830).
(6) An employee of the South Coast Air Quality Management District
who commenced employment with the district after December 31, 1978,
shall be covered by the retirement association established in
accordance with this chapter for employees of San Bernardino County.
That coverage shall be effected as of the first day of the first
month following the employee's commencement date.
(7) Notwithstanding paragraphs (2) and (4) above, employees of the
South Coast Air Quality Management District who were employed
between February 1, 1977, and December 31, 1978, and who terminate
their employment between February 1, 1977, and January 1, 1980, shall
be deemed to be members of the retirement association established in
accordance with this chapter for the employees of Los Angeles County
commencing on the date of their employment with the South Coast Air
Quality Management District.
(i) "District" also includes any nonprofit corporation that
operates one or more museums within a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, pursuant to a
contract between the corporation and the board of supervisors of the
county, and that has entered into an agreement with the board and the
county setting forth the terms and conditions of the corporation's
inclusion in the county's retirement system.
(j) "District" also includes any economic development association
funded in whole or in part by a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, and that has entered
into an agreement with the board of supervisors and the county
setting forth the terms and conditions of the association's inclusion
in the county's retirement system.
(k) "District" also includes any special commission established in
the Counties of Tulare and San Joaquin as described by Section
14087.31 of the Welfare and Institutions Code, pursuant to a contract
between the special commission and the county setting forth the
terms and conditions of the special commission's inclusion in the
county's retirement system with the approval of the board of
supervisors and the board of retirement.
(l) (1) "District" also includes the retirement system established
under this chapter in Orange County.
(2) "District" also includes the retirement system established
under this chapter in San Bernardino County at such time as the board
of retirement, by resolution, makes this section applicable in that
county.
31469. (a) "Employee" means any officer or other person employed by
a county whose compensation is fixed by the board of supervisors or
by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attach
31450. This chapter may be cited as the County Employees Retirement
Law of 1937.
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.
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, 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.
31452.5. 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, 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 the purpose of paying premiums on any policy or
certificate of group life insurance or group disability insurance
issued by an admitted insurer, for any prepaid group medical or
hospital service plan, or both, for any vision care program or dental
plan, approved by the board, for the benefit of the retired member
or his or her dependents, for the payment of premiums on national
service life insurance or United States government converted
insurance, for the purchase of shares in or the payment of money to
any regularly chartered credit union, for charitable organizations or
federally chartered veterans' organizations as approved by both the
board of retirement and the board of supervisors, or for the purchase
of United States Savings Bonds, or for the payment of personal
income taxes to the government of the United States or of the State
of California, and each month shall draw his or her order in favor of
the insurer, institution, credit union, or government named in the
written authorization for an amount equal to the deductions so
authorized and made during the month. The board may charge a
reasonable fee for the making of the deductions and payments.
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, 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 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.
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.
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.
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.
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.
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.
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.
(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.
(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.
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.
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.
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.
31455. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.
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.
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.
31457. "Annuity" means payment for life derived from contributions
made by a member.
31458. "Beneficiary" means any person in receipt of a pension,
annuity, retirement allowance, death benefit, or any other benefit.
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.
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.
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.
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.
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, 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.
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.
31461. "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.
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.
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.
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.
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.
31461.45. (a) This section applies only to a county of the first
class, as defined by Section 28020.
(b) "Compensation earnable" in a county of the first class shall
include only those items of remuneration specifically included as a
result of the court-approved settlement in (1) the consolidated cases
of Los Angeles County Professional Peace Officers' Association, et
al. v. Board of Retirement, Los Angeles County Employees' Retirement
Association (Los Angeles County Superior Court, Case No. BS 051355)
and Milton Cohen v. Board of Retirement, Los Angeles County Employees'
Retirement Association (Los Angeles County Superior Court, Case No.
BS 051774), (2) the case of Los Angeles County Fire Department
Association of Chiefs, et al. v. Board of Retirement, Los Angeles
County Employees' Retirement Association, County of Los Angeles (Los
Angeles County Superior Court, Case No. BS 057432), and (3) the case
of Cecil Bugh v. Board of Retirement, Los Angeles County Employees'
Retirement System (Los Angeles County Superior Court, Case No. BS
055611), all of which were included in Coordination Proceeding
Special Title (Rule 1550(b)), Retirement Cases, Judicial Council
Coordination Proceeding No. 4049, even if a final judicial
determination in that coordinated case, or any subsequent case,
should conclude that any additional item of remuneration must be
included in that definition with respect to any other county. Those
items of remuneration in addition to base salary and the pensionable
portion, if any, of cafeteria plan contributions, are set forth in
Resolution No. 01-001, adopted by the board of retirement on or
before the effective date of this section and shall include only the
following:
Earnings
Code No. Title
099 Patrol Station Retention Bonus
358 Temporary Promotion Bonus
359 Lifeguard Paramedic, Catalina
503 Uniform Allowance
504 Night Shift Differential
505 Coroner's Inquest Reporter
507 Cogeneration or Hydroelectric Ops
and Mtce
508 Henninger Flats Watchman
509 Freezer Work
510 Department Head Merit
511 Board of Supervisors Performance
Lump Sum
512 Fire Suppression Transportation
Truck Driver
514 Backhoe Operator
516 Explosives Work
517 Evening Shift Differential
518 Power Equipment Repair, Snow
Conditions
519 Engineering Employees, Hazard Pay
520 Home Care Compensation
522 Custodian Acting as Watchman
523 DPD Deputy Director Recruitment
Incentive
Contracting and Productivity
525 Improvement Incentive for
Managers
528 WEBCOM Press Operator
529 Power Equipment Operator, Fire
Suppression
530 RN Extra Weekends Worked
531 Standby
532 Additional Responsibilities or
Exceptional Performance
533 Power Sweeper Operator in
Emergency Conditions
534 Power Plant Relief Engineer
535 Clinic Physician, First Hour and
One-Half
Consulting Specialist, MD, &
536 Mental Health Consultant,
MD, First and Fifth Hours
538 RN Assigned as Acting or Relief
Charge Nurse
539 RN Weekend Differential
540 Relief Nurse Holiday Differential
(Hourly Item)
541 Relief Nurse Weekend Differential
(Hourly Item)
544 Appraisers Laundry and Dry
Cleaning Allowance
545 Heavy Duty Tow Truck Driver
546 Slurry Seal Truck Driver
547 Lifeguard Paramedic-Shift
548 Lifeguard Paramedic-Hourly
Incentive Awards for Medi-Cal
550 Reimbursements, Health
Services
551 Group Incentive Award, Treasurer
Tax Collector
Pioneer Excavation, Tunnel
Operations, Fire Suppression and
553 Snow Removal--Construction
Inspection and Surveying
Groups
Pioneer Excavation, Tunnel
554 Operations, Fire Suppression and
Snow Removal
555 Scaffold or Swing Stage, 30 Feet
Above Grade
556 High Scale and Rigging Operations,
General
557 Evening Shift, Med Tech
558 Night Shift, Med Tech
565 Paramedic Recertification Bonus
567 Deputy Sheriff Reserve Annual
Compensation
570 Home Care Program Standby
571 CSW Licensure Supervision
572 MOU Lump Sum Bonus
601 Lifeguard Paramedic, Relief
Supervising Transportation Deputy
602 Performing Dispatcher
Duties
603 Automotive Service Excellence
Certificates
604 RN Mobile Intensive Care
Certification
605 Custodian Floor Waxing Bonus
606 Fire Equipment Mechanic Assigned
Field Repair Duties
607 SDPO Assigned Acting Director In A
Camp
608 Bilingual Bonus
609 RN Assigned to Emergency Room
610 Antelope Valley Firefighting Crew
611 Tree Trimmer Supervisor, Power
Operations
612 Shooting Bonus, Expert
613 Shooting Bonus, Distinguished
Expert
614 Shooting Bonus, Marksman
615 Shooting Bonus, Sharpshooter
616 Antelope Valley Quarters, On Fire
Call
617 Clinic Nurse Assigned to Probation
Camp
618 Transportation Bus Driver, Sheriff
619 Lifeguard Paramedic
620 San Gabriel Dam Operator
621 Nurse Retention Incentive
622 Advanced Appraiser Certification
623 Probation Transcriber Typist
Production Incentive
624 Bilingual Additional Bonus
Children's Social Workers
625 Agriculture Inspectors Assigned to
Standardization
626 Firefighter Paramedic not Assigned
to a Paramedic Post
628 Bilingual Bonus for Other Than
Monthly Employees
629 Mortuary Attendant at LAC/USC MC
630 Safety Police
Educational/Longevity Incentive
Mental Health Workers Assigned to
632 Sheriff's Detention
Facilities
634 Supervising Detention Services
Officer of the Day
635 Transportation Deputy Bus Driver,
Probation
636 Sheriff's Station Commander
Expenses
637 Professional Development Expenses
638 Probation Telecom Equipment Bonus
639 Intern Housing Allowance LAC/USC
Med. Center
640 Children's Services ERCP Retention
641 Shooting Bonus, Expert-Reserve
642 Shooting Bonus, Distinguished
Expert-Reserve
643 Shooting Bonus, Marksman-Reserve
644 Shooting Bonus, Sharpshooter-
Reserve
645 Welder Certification Bonus
FLSA Premium Pay for Regularly
782 Scheduled Work
Assignment
903 Non-Elective Leave Buyback
910 Sick Buyback
911 Vacation Buyback
912 Holiday Buyback
913 Sick Pre-71 Buyback
914 Sick Buyback-Probation 56 Hour
915 Vacation Buyback-56 Hour
930 Special Paid Leave Buyback
931 Appraisers Leave Buyback
932 Intern/Resident Leave Buyback
None Emp Suggest
None Park, Nontaxable
None Park, Taxable
None Prior Salary
None Transportation Allowance
None Traffic Mitigation
Any additional item of remuneration may subsequently be included
in "compensation earnable" pursuant to a memorandum of understanding
between a county of the first class and any of its recognized
employee organizations or a resolution adopted by its board of
supervisors.
(c) No item of remuneration included in "compensation earnable" as
a result of the court-approved settlement and as set forth in the
resolution described above in subdivision (b) may be removed
therefrom as a result of any subsequent judicial determination,
except that a county of the first class and a recognized employee
organization may agree only through a memorandum of understanding to
exclude the item of remuneration from "compensation earnable" or the
board of supervisors may adopt a resolution excluding the item of
remuneration from "compensation earnable" with respect to
nonrepresented employees.
(d) This section shall not be operative in the county until the
board of supervisors, by resolution adopted by a majority vote, makes
the provisions of this section applicable in the county.
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.
31461.6. "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.
31462. "Final compensation" means the average annual compensation
earnable by a member during any three years elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the three years immediately preceding his
retirement. If a member has less than three years of service, his
final compensation shall be determined by dividing his total
compensation by the number of months of service credited to him and
multiplying by 12.
31462.1. "Final compensation" means the average annual compensation
earnable by a member during any year elected by a member at or
before the time he files an application for retirement, or, if he
fails to elect, during the year immediately preceding his retirement.
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.
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.
31462.2. "Final compensation" for members whose service is on a
tenure which is temporary, seasonal, intermittent, or for part time
only means one-third of the total compensation earned for that period
of time during which the member rendered the equivalent of three
years of full-time service.
The member may elect at or before the time he files an application
for retirement the period of time during which he has earned three
full years of credit upon which final compensation shall be
calculated. If he does not so elect, such period of time immediately
preceding his retirement shall be used.
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.
31463. "Normal contributions" means contributions by a member at
the normal rates of contributions, but does not include additional
contributions by a member.
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.
31465. "Additional contributions" means contributions made by
members in addition to normal contributions under Sections 31504 and
31627.
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.
31467. "Accumulated contributions" means accumulated normal
contributions plus any accumulated additional contributions standing
to the credit of a member's account.
31468. (a) "District" means a district, formed under the laws of
the state, located wholly or partially within the county other than a
school district.
(b) "District" also includes any institution operated by two or
more counties, in one of which there has been adopted an ordinance
placing this chapter in operation.
(c) "District" also includes any organization or association
authorized by Chapter 26 of the Statutes of 1935, as amended by
Chapter 30 of the Statutes of 1941, or by Section 50024, which
organization or association is maintained and supported entirely from
funds derived from counties, and the board of any retirement system
is authorized to receive the officers and employees of that
organization or association into the retirement system managed by the
board.
(d) "District" also includes, but is not limited to, any sanitary
district formed under Part 1 (commencing with Section 6400) of
Division 6 of the Health and Safety Code.
(e) "District" also includes any city, public authority, public
agency, and any other political subdivision or public corporation
formed or created under the constitution or laws of this state and
located or having jurisdiction wholly or partially within the county.
(f) "District" also includes any nonprofit corporation or
association conducting an agricultural fair for the county pursuant
to a contract between the corporation or association and the board of
supervisors under the authority of Section 25905.
(g) "District" also includes the Regents of the University of
California, but with respect only to employees who were employees of
a county in a county hospital, who became university employees
pursuant to an agreement for transfer to the regents of a county
hospital or of the obligation to provide professional medical
services at a county hospital, and who under that agreement had the
right and did elect to continue membership in the county's retirement
system established under this chapter.
(h) "District" also includes the South Coast Air Quality
Management District, a new public agency created on February 1, 1977,
pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code.
(1) Employees of the South Coast Air Quality Management District
shall be deemed to be employees of a new public agency occupying new
positions on February 1, 1977. On that date, those new positions are
deemed not to have been covered by any retirement system.
(2) No retirement system coverage may be effected for an employee
of the South Coast Air Quality Management District who commenced
employment with the district during the period commencing on February
1, 1977, and ending on December 31, 1978, unless and until the
employee shall have elected whether to become a member of the
retirement association established in accordance with this chapter
for employees of Los Angeles County or the retirement association
established in accordance with this chapter for employees of San
Bernardino County. The election shall occur before January 1, 1980.
Any employee who fails to make the election provided for herein shall
be deemed to have elected to become a member of the retirement
association established in accordance with this chapter for the
County of Los Angeles.
(3) The South Coast Air Quality Management District shall make
application to the retirement associations established in accordance
with this chapter for employees of Los Angeles County and San
Bernardino County for coverage of employees of the South Coast Air
Quality Management District.
(4) An employee of the South Coast Air Quality Management District
who commenced employment with the district during the period
commencing on February 1, 1977, and ending on December 31, 1978, and
who has not terminated employment before January 1, 1980, shall be
covered by the retirement association elected by the employee
pursuant to paragraph (2). That coverage shall be effected no later
than the first day of the first month following the date of the
election provided for in paragraph (2).
(5) Each electing employee shall receive credit for all service
with the South Coast Air Quality Management District. However, the
elected retirement association may require, as a prerequisite to
granting that credit, the payment of an appropriate sum of money or
the transfer of funds from another retirement association in an
amount determined by an enrolled actuary and approved by the elected
retirement association's board. The amount to be paid shall include
all administrative and actuarial costs of making that determination.
The amount to be paid shall be shared by the South Coast Air Quality
Management District and the employee. The share to be paid by the
employee shall be determined by good faith bargaining between the
district and the recognized employee organization, but in no event
shall the employee be required to contribute more than 25 percent of
the total amount required to be paid. The elected retirement
association's board may not grant that credit for that prior service
unless the request for that credit is made to, and the required
payment deposited with, the elected retirement association's board no
earlier than January 1, 1980, and no later than June 30, 1980. The
foregoing shall have no effect on any employee's rights to reciprocal
benefits under Article 15 (commencing with Section 31830).
(6) An employee of the South Coast Air Quality Management District
who commenced employment with the district after December 31, 1978,
shall be covered by the retirement association established in
accordance with this chapter for employees of San Bernardino County.
That coverage shall be effected as of the first day of the first
month following the employee's commencement date.
(7) Notwithstanding paragraphs (2) and (4) above, employees of the
South Coast Air Quality Management District who were employed
between February 1, 1977, and December 31, 1978, and who terminate
their employment between February 1, 1977, and January 1, 1980, shall
be deemed to be members of the retirement association established in
accordance with this chapter for the employees of Los Angeles County
commencing on the date of their employment with the South Coast Air
Quality Management District.
(i) "District" also includes any nonprofit corporation that
operates one or more museums within a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, pursuant to a
contract between the corporation and the board of supervisors of the
county, and that has entered into an agreement with the board and the
county setting forth the terms and conditions of the corporation's
inclusion in the county's retirement system.
(j) "District" also includes any economic development association
funded in whole or in part by a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, and that has entered
into an agreement with the board of supervisors and the county
setting forth the terms and conditions of the association's inclusion
in the county's retirement system.
(k) "District" also includes any special commission established in
the Counties of Tulare and San Joaquin as described by Section
14087.31 of the Welfare and Institutions Code, pursuant to a contract
between the special commission and the county setting forth the
terms and conditions of the special commission's inclusion in the
county's retirement system with the approval of the board of
supervisors and the board of retirement.
(l) (1) "District" also includes the retirement system established
under this chapter in Orange County.
(2) "District" also includes the retirement system established
under this chapter in San Bernardino County at such time as the board
of retirement, by resolution, makes this section applicable in that
county.
31469. (a) "Employee" means any officer or other person employed by
a county whose compensation is fixed by the board of supervisors or
by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attach
