31830. The provisions of this article are intended to encourage
career public service by granting reciprocal retirement benefits to
members who are entitled to retirement rights or benefits from two or
more retirement systems established under this chapter or from a
retirement system established under this chapter and 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, and to delineate
the financial obligations of each system and related political
entity so that no system or political entity shall be liable for more
than its just financial obligation.
31831. Any member, whether over or under the minimum age of service
retirement, who leaves county service and within 90 days or six
months if Section 31840.4 applies thereafter becomes a member of the
Public Employees' Retirement System, 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, regardless of the amount of county service, may
elect deferred retirement pursuant to Article 9 of this chapter,
except that he or she may not, after that election, rescind the
election or withdraw any of his or her accumulated contributions
while a member of such other system.
31831.1. Any member who left county or district service on or
before December 31, 1971, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his contributions on deposit pursuant to Article 9
(commencing with Section 31700) may now elect to leave his
accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he left the amount of accumulated
contributions and interest he withdrew from such retirement fund plus
regular interest thereon from date of separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1971, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his accumulated contributions on deposit pursuant to Article
9 (commencing with Section 31700) shall be eligible for the benefits
provided in this article, and for purposes of such benefits shall be
deemed to have entered membership in such other system within 90
days of his separation from county or employment. The deferred
retirement allowance for such member shall be determined in
accordance with the provisions of this chapter applicable to members
retiring directly from county employment on the date of his
retirement. Any member who qualifies for a reduced age at entry
pursuant to this section shall be entitled to use such age only from
and after the date he completes the redeposit as provided in this
section or, if he elected to leave his accumulated contributions on
deposit pursuant to Article 9 (commencing with Section 31700), from
and after the date he notifies the board in writing that he desires
the benefits of this section. This section shall not apply to members
who are retired or who are not in service of an employer making him
a member of a retirement system established under this chapter or of
the Public Employees' Retirement System.
Unless this chapter expressly provides to the contrary the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of such district or county as of the date of retirement and
not the laws pertaining to such system as of the date the member
first left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1977.
31831.2. Any member who left county or district service on or
before December 31, 1974, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his or her contributions on deposit pursuant to
Article 9 (commencing with Section 31700) may now elect to leave his
or her accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he or she left the amount of
accumulated contributions and interest he or she withdrew from the
retirement fund plus regular interest thereon from date of
separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1974, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his or her accumulated contributions on deposit pursuant to
Article 9 (commencing with Section 31700) shall be eligible for the
benefits provided in this article, and for purposes of these benefits
shall be deemed to have entered membership in the other system
within 90 days, or six months if Section 31840.4 applies, of his or
her separation from county or district employment. The deferred
retirement allowance for the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
Any member who qualifies for a reduced age at entry pursuant to this
section shall be entitled to use that age only from and after the
date he or she completes the redeposit as provided in this section
or, if he or she elected to leave his or her accumulated
contributions on deposit pursuant to Article 9 (commencing with
Section 31700), from and after the date he or she notifies the board
in writing that he or she desires the benefits of this section. This
section shall not apply to members who are retired or who are not in
service of an employer making him or her a member of a retirement
system established under this chapter or of the Public Employees'
Retirement System.
Unless this chapter expressly provides to the contrary, the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of the district or county as of the date of retirement and not
the laws pertaining to the system as of the date the member first
left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1979.
This section shall apply only in a county of the first class, as
established by Sections 28020 and 28022, but shall not be operative
in a county until adopted by resolution of the board of supervisors.
31831.3. (a) Notwithstanding Sections 31831.1 and 31831.2, any
former member who left county or district service and became a member
of a retirement system established under this chapter in another
county or district, or a reciprocal retirement system, or a
retirement system established under the Public Employees' Retirement
Law, and who did not elect to, or was not eligible to, leave his or
her contributions on deposit pursuant to Article 9 (commencing with
Section 31700), may elect to redeposit those contributions if he or
she is an active member of a county retirement system, the Public
Employees' Retirement System, or another reciprocal retirement system
at the time of redeposit. A former member may exercise this right by
redepositing in the retirement fund of the county or district he or
she left, the amount of accumulated contributions and interest that
he or she withdrew from that retirement fund plus regular interest
thereon from the date of separation.
(b) A former member who redeposits under this section shall have
the same rights as a member who elected to leave his or her
accumulated contributions on deposit in the fund. The deferred
retirement allowance of the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
(c) A former member who redeposits under this section shall be
entitled to a reduced age at entry, commencing with contributions
payable the first day of the month following the date the association
receives notice of the redeposit, only to the extent provided in
Section 31833.
(d) This section does not apply to the following:
(1) A member or former member who is retired.
(2) A former member who is not in the service of an employer
making him or her a member of a retirement system established under
this chapter in another county or district, a retirement system
established under the Public Employees' Retirement Law, or another
reciprocal retirement system.
(e) This section shall only apply to either of the following:
(1) A former member who is in the service of an employer as an
officer or employee of a law enforcement agency or fire department
whose principal duties consist of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
do not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(2) A former member who is in the service of an employer and seeks
to redeposit contributions for past employment as an officer or
employee of a law enforcement agency or fire department in this
system whose principal duties consisted of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties were those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
did not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee was subject to occasional call, or was occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(f) For purposes of this section, a "former member" is a member
who left county or district service and who did not elect to, or was
not eligible to, leave his or her contributions on deposit pursuant
to Article 9 (commencing with Section 31700).
(g) Each retirement system shall establish criteria to determine
the eligibility of a former member to redeposit contributions, and
the amount of contributions that may be redeposited, pursuant to this
section in those cases in which the system no longer maintains
complete records with respect to the former member.
31832. The board shall, on request of the Board of Administration
of the Public Employees' Retirement System, the board of retirement
of a retirement system established in another county under this
chapter, the Board of Retirement of the State Teachers' Retirement
System, or the board of retirement 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, supply information and data necessary
for the administration of such other system as it is affected by
membership in and service credited under this system.
31833. For the purpose of this article and Articles 6 and 6.8 of
this chapter, age at time of entrance into the retirement system for
a person who enters within 90 days, or six months if Section 31840.4
applies, of last rendering service as a member of the Public
Employees' Retirement System, another retirement system established
under this chapter, 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, and who retains his
membership in such other system or systems, shall be his age at entry
into the first such other system.
31833.1. For the purpose of this article and Article 6 (commencing
with Section 31620) and Article 6.8 (commencing with Section 31639)
of this chapter, a member's age at the time of entrance into the
retirement system for a person who, after entering, redeposits the
contributions he or she withdrew from the Public Employees'
Retirement System, and who otherwise meets all requirements for
reciprocity under this article by reason of his or her membership in
the Public Employees' Retirement System, shall be his or her age at
entry into the Public Employees' Retirement System, commencing with
the pay period immediately following receipt of confirmation from the
Public Employees' Retirement System that all withdrawn contributions
have been redeposited.
31834. Notwithstanding Section 31558 and regardless of age at entry
into the system in counties subject to the provisions of Section
31676.1 and in counties electing pursuant to Section 31695.1, a
person shall become a safety member on the first day of the calendar
month following his entrance into service in a position the principal
duties of which are defined in Sections 31470.2, 31470.4 or 31470.6,
if such first day of the calendar month is within 90 days, or six
months if Section 31840.4 applies of last rendering active police or
fire suppression or lifeguard work as a member of the Public
Employees' Retirement System or a retirement system established under
this chapter in another county, 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, and
the person retains his membership in such other system.
31835. The average compensation during any period of service as a
member of the Public Employees' Retirement System, a member of the
Judges' Retirement System or Judges' Retirement System II, 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 6 months if Section
31840.4 applies. That period shall not include any time during which
the member was prohibited by law from becoming a member of the system
of another county.
Notwithstanding anything in this chapter to the contrary, the
90-day or 6-month restriction referred to in this section or any
other provision of this chapter effecting deferred retirement shall
not be applicable to any members who left county or district service
prior to October 1, 1949, and subsequently redeposited.
(2) He or she retires concurrently under both systems and is
credited with the period of service under that other system at the
time of retirement.
The provisions of this section shall be applicable to all members
and beneficiaries of the system.
31835.01. Section 31835 shall be retroactively applied so as to
extend the benefits thereof to every active and retired member and
beneficiary who left county or district service prior to October 1,
1949, and subsequently redeposited his contributions in the system in
respect to all payments for time after the effective date of his
retirement and prior to the effective date of this section as well as
to payments for time after the effective date of this section.
31835.02. Notwithstanding any other provision of this part, Section
31835 shall also apply to any member who was a member of a
retirement system established under this chapter and who subsequently
becomes a member of the Public Employees' Retirement System, a
retirement system established under this chapter in another county,
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, providing the period intervening
between the periods for which active service was credited does not
exceed 90 days, or six months if Section 31840.2 applies, and the
member retires concurrently under both systems and is credited with
the periods of service at the time of retirement.
This section shall only be operative in any county of the fourth
class as described in Sections 28020 and 28025 if it is adopted by a
majority vote of the board of supervisors.
31835.1. Notwithstanding the provisions of Sections 31835 and
31836, a member of a retirement system established under this chapter
who is eligible to retire at age 50 pursuant to Section 31672, or
who is required to retire because of age while a member of the Public
Employees' Retirement System, a retirement system established under
this chapter in another county, 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, but
who cannot retire concurrently from the Public Employees' Retirement
System, a retirement system established under this chapter in another
county, 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, shall be entitled to have his
final compensation and service determined under Sections 31835 and
31836 as if he had retired concurrently under such other system.
31836. "Service," solely for purposes of qualification for payment
of benefits and retirement allowances, shall also include service as
an employee of the state or a contracting agency under the Public
Employees' Retirement System or of another county having a retirement
system established under this chapter, or as a member of the State
Teachers' Retirement System, or as 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, if the compensation for such
service constitutes compensation earnable by a member under Section
31835 of this part.
No credit shall be granted in this retirement system for service
for which the member has received credit in another retirement system
or for which he is presently receiving a retirement allowance from
another retirement system.
31836.1. "Service," for the purpose of qualifying members for the
discontinuance of contributions pursuant to Section 31625.2, shall
also include service as an employee of the state, a contracting
agency under the Public Employees' Retirement System, another county
having a retirement system established under this chapter, or any
other public agency if the compensation for the service constitutes
compensation earnable by a member under Section 31835.
This section shall become operative on January 1, 1988.
31836.2. (a) "Service," for the purpose of qualifying members for
the discontinuance of contributions pursuant to Section 31664,
31664.1, or 31664.2 shall also include service as an employee of the
state, a contracting agency under the Public Employees' Retirement
System, another county having a retirement system established under
this chapter, or any other public agency if the compensation for the
service constitutes compensation earnable by a member under Section
31835.
(b) This section shall apply only in a county of the first class,
as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971.
(c) This section is declaratory of existing law.
31837. Any member who elects, pursuant to Section 31700 and 31832,
to leave his accumulated contributions on deposit may be retired for
disability, regardless of age or length of service, and receive a
disability retirement allowance under this article based on the
service credited to him at the time of retirement during any period
thereafter in which he receives a disability retirement allowance
under the Public Employees' Retirement System or a retirement system
established under this chapter in another county, subject to the
following conditions:
(1) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
his becoming a member in such other system exceeds 90 days.
(2) That if the member is retiring for non-service-connected
disability, and, if a safety member has not attained age 55, or if a
nonsafety member has not attained age 65, his retirement allowance
shall be as calculated pursuant to Section 31838.
(3) That such allowance shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions when retirement
under the other system is for disability arising out of and in the
course of employment subject to such other system.
31837.1. Notwithstanding Sections 31837 and 31838, any member
covered under Section 31751 who elects, pursuant to Sections 31700
and 31832, to leave accumulated contributions on deposit may be
retired for disability and receive a disability retirement allowance
under this section during any period hereafter in which the member
receives a disability retirement allowance under the Public Employees'
Retirement System, a retirement system established under this
chapter in another county, 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, subject to all of the
following conditions:
(a) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
becoming a member in such other system exceeds six months.
(b) That, if the member is retiring for non-service-connected
disability, the disability requirements shall be that of the other
system and the member's retirement allowance shall be based on the
other system's disability benefit formula. The disability benefit
received in the county shall be calculated as if all the member's
service was in the other system but then prorated using the ratio of
service in this county to the total service in both systems.
(c) That, if the member is retiring for disability arising out of
and in the course of employment subject to such other system, the
allowance to the member shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions at the time of
retirement.
31838. Every safety member under age 55 years and every other
member under age 65 years who is retired for non-service-connected
disability and who is retired simultaneously under a disability
retirement allowance from the Public Employees' Retirement System or
a retirement system established under this chapter in another county
shall receive a retirement allowance equal to the greater of the
following amounts:
(1) The sum to which he would be entitled as service retirement;
or
(2) A sum which shall consist of:
(a) An annuity which is the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
(b) If, in the opinion of the board, his disability is not due to
intemperate use of alcoholic liquor or drugs, willful misconduct, or
violation of law on his part, a disability retirement pension
purchased by contributions of the county or district, all computed as
provided in Sections 31727 or 31727.2.
31838.5. No provision of this chapter shall be construed to
authorize any member, credited with service in more than one entity
and who is eligible for a disability allowance, whether service
connected or nonservice connected to receive an amount from one
county that, when combined with any amount from other counties or the
Public Employees' Retirement System, results in a disability
allowance greater than the amount the member would have received had
all the member's service been with only one entity.
In cases of service-connected disability allowances only, the
limitation on disability allowances provided for in this section
shall apply to service-connected disability allowances payable to
those who, after being employed with another county or an entity
within the Public Employees' Retirement System, become employed by a
second public entity on or after January 1, 1984.
Each entity shall calculate its respective obligations based upon
the member's service with that entity and each shall adjust its
payment on a pro rata basis.
31839. Upon the death before retirement of a member, while in
service as a member of the Public Employees' Retirement System or a
retirement system established pursuant to this chapter in another
county, who has made an election pursuant to Section 31700 and 31832,
the death benefit provided in Section 31781 payable by the system
from which he elected deferred retirement shall consist of:
(a) When death is not the result of a disease or injury arising
out of and in the course of employment, the amount of such death
benefit shall not exceed an amount which when added to the death
benefit payable for the member under such other system will equal the
total of the accumulated contributions to both systems plus 50
percent of the annual compensation earnable by the deceased during
the 12 months immediately preceding his death.
(b) When death is the result of disease or injury arising out of
and in the course of his employment as a member of such other system,
such death benefit shall consist solely of the member's accumulated
contributions.
31840. The death benefit provisions of paragraph (a) of Section
31839 shall be subject to the provisions of Sections 31765, 31765.1,
31781.1 and 31781.2 in those counties where these sections are
applicable. In all calculations under these sections only the
retirement allowances which would be payable by the system from which
the member elected deferred retirement shall be considered. The
provisions of Section 31784 shall apply to the death benefits
provided by paragraphs (a) and (b) of Section 31839.
31840.01. Notwithstanding Section 31840, upon the death before
retirement of a member covered under Section 31751, while in service
as a member of a retirement system established pursuant to this
chapter in another county, who has made an election pursuant to
Section 31700 and 31831, the death benefit provisions of paragraph
(a) of Section 31839 shall be subject to the provisions of Sections
31765, 31765.1, 31781.1, and 31781.2 in such other system where these
sections are applicable. In all calculations under these sections,
the death benefit received from this county shall be calculated as if
all of the member's service was in the other system but then
prorated using the ratio of service in this county to the total
service in both systems. The provisions of Section 31784 shall apply
to the death benefits provided by subdivisions (a) and (b) of Section
31839.
31840.1. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System, shall apply in like manner
and under like conditions to said member by reason of his membership
in any retirement system maintained by the Regents of the University
of California, provided said member enters any retirement system
maintained by said regents pursuant to an agreement made on or after
January 1, 1965, between said regents and a county making provision
for the operation by said regents of all or any part of the hospital
facilities of that county or the transfer of title to such a hospital
to the regents and for reciprocal university retirement system
rights and limitations substantially comparable to those prescribed
by this article.
31840.2. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him or her to any limitation by reason of his or her
membership in the Public Employees' Retirement System shall apply in
like manner and under like conditions to a member by reason of his or
her membership in any retirement system established under Chapter 2
(commencing with Section 45300) of Division 5 of Title 4 with respect
to which an ordinance complying with Section 45310.5 has been filed
with and accepted by the board or by reason of his or her membership
in a retirement system established by or pursuant to the charter of a
city or city and county or by any other public agency of this state
which system, in the opinion of the board, provides a similar
modification of rights and benefits because of membership in a system
established under this chapter and with respect to which the
governing body of such city, city and county or public agency and the
board have entered into agreement pursuant to Section 20351. This
section shall apply only to a member whose termination and subsequent
reentry into employment resulting in a change in membership from a
system established under this chapter to such other system or from
such other system to a system established under this chapter occurred
after such acceptance or determination by the board; provided,
however, that provisions relating to computation of final
compensation shall apply to any other member if such provision would
have applied had the termination and entry into employment occurred
after such acceptance or determination by the board.
As used in this section, "board" means the Board of Administration
of the Public Employees' Retirement System.
31840.3. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his membership in the Public Employees' Retirement
System shall also apply to members who terminated state employment on
or after June 30, 1971, but because of county budget problems were
not employed in the permanent positions to which they would otherwise
have been assigned and did not become permanent county employees
until on or before January 4, 1972.
This section shall not be operative in any county until it is
adopted by a majority vote of the board of supervisors.
31840.4. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within 90 days of termination of employment covered by a
system under this chapter or another retirement system, with respect
to such reemployment which occurs on and after January 1, 1976, such
period shall be six months rather than 90 days.
This section shall also be applicable to members who were
permanent employees of the state who were laid off because of a
reduction in work force and whose break in service between retirement
systems occurred prior to January 1, 1976, but not before April 1,
1970.
31840.5. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System shall also apply to members
who terminated state employment and became employees of a district
within six months of such termination and who were employees of such
district at the time that the district became subject to the county
retirement system. Any change in a member's contribution rate shall
become effective on January 1, 1977, and a member whose rate is
reduced shall not be entitled to any payment with respect to his rate
of contribution prior to that date.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31840.6. Whenever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within six months of termination of membership in a
system under this chapter or another retirement system, such period
shall be one year rather than six months if the member was an
elective officer and becomes a member of a system established under
this chapter upon commencement of service in another elective office
on and after January 1, 1977.
This section shall not be applicable in any county until adopted
by the board of supervisors nor until the other employer in a
reciprocal system elects a similar provision.
31840.7. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within a specified period after termination of
employment covered by a system under this chapter or another
retirement system, the period shall be one year in the case of any
member who was reemployed on or after January 1, 1989, and whose
termination of employment was due to layoff because of, a lack of
work, a lack of funds, or a reduction in workforce.
This section shall not be operative in any county until the time
that the board of supervisors, by resolution adopted by a majority
vote, makes the provision applicable in that county.
31840.8. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his or her membership in the Public Employees'
Retirement System shall also apply to members of the State Teachers'
Retirement System Defined Benefit Plan, the Judges' Retirement
System, and the Judges' Retirement System II.
31830. The provisions of this article are intended to encourage
career public service by granting reciprocal retirement benefits to
members who are entitled to retirement rights or benefits from two or
more retirement systems established under this chapter or from a
retirement system established under this chapter and 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, and to delineate
the financial obligations of each system and related political
entity so that no system or political entity shall be liable for more
than its just financial obligation.
31831. Any member, whether over or under the minimum age of service
retirement, who leaves county service and within 90 days or six
months if Section 31840.4 applies thereafter becomes a member of the
Public Employees' Retirement System, 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, regardless of the amount of county service, may
elect deferred retirement pursuant to Article 9 of this chapter,
except that he or she may not, after that election, rescind the
election or withdraw any of his or her accumulated contributions
while a member of such other system.
31831.1. Any member who left county or district service on or
before December 31, 1971, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his contributions on deposit pursuant to Article 9
(commencing with Section 31700) may now elect to leave his
accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he left the amount of accumulated
contributions and interest he withdrew from such retirement fund plus
regular interest thereon from date of separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1971, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his accumulated contributions on deposit pursuant to Article
9 (commencing with Section 31700) shall be eligible for the benefits
provided in this article, and for purposes of such benefits shall be
deemed to have entered membership in such other system within 90
days of his separation from county or employment. The deferred
retirement allowance for such member shall be determined in
accordance with the provisions of this chapter applicable to members
retiring directly from county employment on the date of his
retirement. Any member who qualifies for a reduced age at entry
pursuant to this section shall be entitled to use such age only from
and after the date he completes the redeposit as provided in this
section or, if he elected to leave his accumulated contributions on
deposit pursuant to Article 9 (commencing with Section 31700), from
and after the date he notifies the board in writing that he desires
the benefits of this section. This section shall not apply to members
who are retired or who are not in service of an employer making him
a member of a retirement system established under this chapter or of
the Public Employees' Retirement System.
Unless this chapter expressly provides to the contrary the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of such district or county as of the date of retirement and
not the laws pertaining to such system as of the date the member
first left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1977.
31831.2. Any member who left county or district service on or
before December 31, 1974, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his or her contributions on deposit pursuant to
Article 9 (commencing with Section 31700) may now elect to leave his
or her accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he or she left the amount of
accumulated contributions and interest he or she withdrew from the
retirement fund plus regular interest thereon from date of
separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1974, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his or her accumulated contributions on deposit pursuant to
Article 9 (commencing with Section 31700) shall be eligible for the
benefits provided in this article, and for purposes of these benefits
shall be deemed to have entered membership in the other system
within 90 days, or six months if Section 31840.4 applies, of his or
her separation from county or district employment. The deferred
retirement allowance for the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
Any member who qualifies for a reduced age at entry pursuant to this
section shall be entitled to use that age only from and after the
date he or she completes the redeposit as provided in this section
or, if he or she elected to leave his or her accumulated
contributions on deposit pursuant to Article 9 (commencing with
Section 31700), from and after the date he or she notifies the board
in writing that he or she desires the benefits of this section. This
section shall not apply to members who are retired or who are not in
service of an employer making him or her a member of a retirement
system established under this chapter or of the Public Employees'
Retirement System.
Unless this chapter expressly provides to the contrary, the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of the district or county as of the date of retirement and not
the laws pertaining to the system as of the date the member first
left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1979.
This section shall apply only in a county of the first class, as
established by Sections 28020 and 28022, but shall not be operative
in a county until adopted by resolution of the board of supervisors.
31831.3. (a) Notwithstanding Sections 31831.1 and 31831.2, any
former member who left county or district service and became a member
of a retirement system established under this chapter in another
county or district, or a reciprocal retirement system, or a
retirement system established under the Public Employees' Retirement
Law, and who did not elect to, or was not eligible to, leave his or
her contributions on deposit pursuant to Article 9 (commencing with
Section 31700), may elect to redeposit those contributions if he or
she is an active member of a county retirement system, the Public
Employees' Retirement System, or another reciprocal retirement system
at the time of redeposit. A former member may exercise this right by
redepositing in the retirement fund of the county or district he or
she left, the amount of accumulated contributions and interest that
he or she withdrew from that retirement fund plus regular interest
thereon from the date of separation.
(b) A former member who redeposits under this section shall have
the same rights as a member who elected to leave his or her
accumulated contributions on deposit in the fund. The deferred
retirement allowance of the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
(c) A former member who redeposits under this section shall be
entitled to a reduced age at entry, commencing with contributions
payable the first day of the month following the date the association
receives notice of the redeposit, only to the extent provided in
Section 31833.
(d) This section does not apply to the following:
(1) A member or former member who is retired.
(2) A former member who is not in the service of an employer
making him or her a member of a retirement system established under
this chapter in another county or district, a retirement system
established under the Public Employees' Retirement Law, or another
reciprocal retirement system.
(e) This section shall only apply to either of the following:
(1) A former member who is in the service of an employer as an
officer or employee of a law enforcement agency or fire department
whose principal duties consist of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
do not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(2) A former member who is in the service of an employer and seeks
to redeposit contributions for past employment as an officer or
employee of a law enforcement agency or fire department in this
system whose principal duties consisted of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties were those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
did not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee was subject to occasional call, or was occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(f) For purposes of this section, a "former member" is a member
who left county or district service and who did not elect to, or was
not eligible to, leave his or her contributions on deposit pursuant
to Article 9 (commencing with Section 31700).
(g) Each retirement system shall establish criteria to determine
the eligibility of a former member to redeposit contributions, and
the amount of contributions that may be redeposited, pursuant to this
section in those cases in which the system no longer maintains
complete records with respect to the former member.
31832. The board shall, on request of the Board of Administration
of the Public Employees' Retirement System, the board of retirement
of a retirement system established in another county under this
chapter, the Board of Retirement of the State Teachers' Retirement
System, or the board of retirement 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, supply information and data necessary
for the administration of such other system as it is affected by
membership in and service credited under this system.
31833. For the purpose of this article and Articles 6 and 6.8 of
this chapter, age at time of entrance into the retirement system for
a person who enters within 90 days, or six months if Section 31840.4
applies, of last rendering service as a member of the Public
Employees' Retirement System, another retirement system established
under this chapter, 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, and who retains his
membership in such other system or systems, shall be his age at entry
into the first such other system.
31833.1. For the purpose of this article and Article 6 (commencing
with Section 31620) and Article 6.8 (commencing with Section 31639)
of this chapter, a member's age at the time of entrance into the
retirement system for a person who, after entering, redeposits the
contributions he or she withdrew from the Public Employees'
Retirement System, and who otherwise meets all requirements for
reciprocity under this article by reason of his or her membership in
the Public Employees' Retirement System, shall be his or her age at
entry into the Public Employees' Retirement System, commencing with
the pay period immediately following receipt of confirmation from the
Public Employees' Retirement System that all withdrawn contributions
have been redeposited.
31834. Notwithstanding Section 31558 and regardless of age at entry
into the system in counties subject to the provisions of Section
31676.1 and in counties electing pursuant to Section 31695.1, a
person shall become a safety member on the first day of the calendar
month following his entrance into service in a position the principal
duties of which are defined in Sections 31470.2, 31470.4 or 31470.6,
if such first day of the calendar month is within 90 days, or six
months if Section 31840.4 applies of last rendering active police or
fire suppression or lifeguard work as a member of the Public
Employees' Retirement System or a retirement system established under
this chapter in another county, 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, and
the person retains his membership in such other system.
31835. The average compensation during any period of service as a
member of the Public Employees' Retirement System, a member of the
Judges' Retirement System or Judges' Retirement System II, 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 6 months if Section
31840.4 applies. That period shall not include any time during which
the member was prohibited by law from becoming a member of the system
of another county.
Notwithstanding anything in this chapter to the contrary, the
90-day or 6-month restriction referred to in this section or any
other provision of this chapter effecting deferred retirement shall
not be applicable to any members who left county or district service
prior to October 1, 1949, and subsequently redeposited.
(2) He or she retires concurrently under both systems and is
credited with the period of service under that other system at the
time of retirement.
The provisions of this section shall be applicable to all members
and beneficiaries of the system.
31835.01. Section 31835 shall be retroactively applied so as to
extend the benefits thereof to every active and retired member and
beneficiary who left county or district service prior to October 1,
1949, and subsequently redeposited his contributions in the system in
respect to all payments for time after the effective date of his
retirement and prior to the effective date of this section as well as
to payments for time after the effective date of this section.
31835.02. Notwithstanding any other provision of this part, Section
31835 shall also apply to any member who was a member of a
retirement system established under this chapter and who subsequently
becomes a member of the Public Employees' Retirement System, a
retirement system established under this chapter in another county,
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, providing the period intervening
between the periods for which active service was credited does not
exceed 90 days, or six months if Section 31840.2 applies, and the
member retires concurrently under both systems and is credited with
the periods of service at the time of retirement.
This section shall only be operative in any county of the fourth
class as described in Sections 28020 and 28025 if it is adopted by a
majority vote of the board of supervisors.
31835.1. Notwithstanding the provisions of Sections 31835 and
31836, a member of a retirement system established under this chapter
who is eligible to retire at age 50 pursuant to Section 31672, or
who is required to retire because of age while a member of the Public
Employees' Retirement System, a retirement system established under
this chapter in another county, 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, but
who cannot retire concurrently from the Public Employees' Retirement
System, a retirement system established under this chapter in another
county, 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, shall be entitled to have his
final compensation and service determined under Sections 31835 and
31836 as if he had retired concurrently under such other system.
31836. "Service," solely for purposes of qualification for payment
of benefits and retirement allowances, shall also include service as
an employee of the state or a contracting agency under the Public
Employees' Retirement System or of another county having a retirement
system established under this chapter, or as a member of the State
Teachers' Retirement System, or as 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, if the compensation for such
service constitutes compensation earnable by a member under Section
31835 of this part.
No credit shall be granted in this retirement system for service
for which the member has received credit in another retirement system
or for which he is presently receiving a retirement allowance from
another retirement system.
31836.1. "Service," for the purpose of qualifying members for the
discontinuance of contributions pursuant to Section 31625.2, shall
also include service as an employee of the state, a contracting
agency under the Public Employees' Retirement System, another county
having a retirement system established under this chapter, or any
other public agency if the compensation for the service constitutes
compensation earnable by a member under Section 31835.
This section shall become operative on January 1, 1988.
31836.2. (a) "Service," for the purpose of qualifying members for
the discontinuance of contributions pursuant to Section 31664,
31664.1, or 31664.2 shall also include service as an employee of the
state, a contracting agency under the Public Employees' Retirement
System, another county having a retirement system established under
this chapter, or any other public agency if the compensation for the
service constitutes compensation earnable by a member under Section
31835.
(b) This section shall apply only in a county of the first class,
as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971.
(c) This section is declaratory of existing law.
31837. Any member who elects, pursuant to Section 31700 and 31832,
to leave his accumulated contributions on deposit may be retired for
disability, regardless of age or length of service, and receive a
disability retirement allowance under this article based on the
service credited to him at the time of retirement during any period
thereafter in which he receives a disability retirement allowance
under the Public Employees' Retirement System or a retirement system
established under this chapter in another county, subject to the
following conditions:
(1) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
his becoming a member in such other system exceeds 90 days.
(2) That if the member is retiring for non-service-connected
disability, and, if a safety member has not attained age 55, or if a
nonsafety member has not attained age 65, his retirement allowance
shall be as calculated pursuant to Section 31838.
(3) That such allowance shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions when retirement
under the other system is for disability arising out of and in the
course of employment subject to such other system.
31837.1. Notwithstanding Sections 31837 and 31838, any member
covered under Section 31751 who elects, pursuant to Sections 31700
and 31832, to leave accumulated contributions on deposit may be
retired for disability and receive a disability retirement allowance
under this section during any period hereafter in which the member
receives a disability retirement allowance under the Public Employees'
Retirement System, a retirement system established under this
chapter in another county, 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, subject to all of the
following conditions:
(a) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
becoming a member in such other system exceeds six months.
(b) That, if the member is retiring for non-service-connected
disability, the disability requirements shall be that of the other
system and the member's retirement allowance shall be based on the
other system's disability benefit formula. The disability benefit
received in the county shall be calculated as if all the member's
service was in the other system but then prorated using the ratio of
service in this county to the total service in both systems.
(c) That, if the member is retiring for disability arising out of
and in the course of employment subject to such other system, the
allowance to the member shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions at the time of
retirement.
31838. Every safety member under age 55 years and every other
member under age 65 years who is retired for non-service-connected
disability and who is retired simultaneously under a disability
retirement allowance from the Public Employees' Retirement System or
a retirement system established under this chapter in another county
shall receive a retirement allowance equal to the greater of the
following amounts:
(1) The sum to which he would be entitled as service retirement;
or
(2) A sum which shall consist of:
(a) An annuity which is the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
(b) If, in the opinion of the board, his disability is not due to
intemperate use of alcoholic liquor or drugs, willful misconduct, or
violation of law on his part, a disability retirement pension
purchased by contributions of the county or district, all computed as
provided in Sections 31727 or 31727.2.
31838.5. No provision of this chapter shall be construed to
authorize any member, credited with service in more than one entity
and who is eligible for a disability allowance, whether service
connected or nonservice connected to receive an amount from one
county that, when combined with any amount from other counties or the
Public Employees' Retirement System, results in a disability
allowance greater than the amount the member would have received had
all the member's service been with only one entity.
In cases of service-connected disability allowances only, the
limitation on disability allowances provided for in this section
shall apply to service-connected disability allowances payable to
those who, after being employed with another county or an entity
within the Public Employees' Retirement System, become employed by a
second public entity on or after January 1, 1984.
Each entity shall calculate its respective obligations based upon
the member's service with that entity and each shall adjust its
payment on a pro rata basis.
31839. Upon the death before retirement of a member, while in
service as a member of the Public Employees' Retirement System or a
retirement system established pursuant to this chapter in another
county, who has made an election pursuant to Section 31700 and 31832,
the death benefit provided in Section 31781 payable by the system
from which he elected deferred retirement shall consist of:
(a) When death is not the result of a disease or injury arising
out of and in the course of employment, the amount of such death
benefit shall not exceed an amount which when added to the death
benefit payable for the member under such other system will equal the
total of the accumulated contributions to both systems plus 50
percent of the annual compensation earnable by the deceased during
the 12 months immediately preceding his death.
(b) When death is the result of disease or injury arising out of
and in the course of his employment as a member of such other system,
such death benefit shall consist solely of the member's accumulated
contributions.
31840. The death benefit provisions of paragraph (a) of Section
31839 shall be subject to the provisions of Sections 31765, 31765.1,
31781.1 and 31781.2 in those counties where these sections are
applicable. In all calculations under these sections only the
retirement allowances which would be payable by the system from which
the member elected deferred retirement shall be considered. The
provisions of Section 31784 shall apply to the death benefits
provided by paragraphs (a) and (b) of Section 31839.
31840.01. Notwithstanding Section 31840, upon the death before
retirement of a member covered under Section 31751, while in service
as a member of a retirement system established pursuant to this
chapter in another county, who has made an election pursuant to
Section 31700 and 31831, the death benefit provisions of paragraph
(a) of Section 31839 shall be subject to the provisions of Sections
31765, 31765.1, 31781.1, and 31781.2 in such other system where these
sections are applicable. In all calculations under these sections,
the death benefit received from this county shall be calculated as if
all of the member's service was in the other system but then
prorated using the ratio of service in this county to the total
service in both systems. The provisions of Section 31784 shall apply
to the death benefits provided by subdivisions (a) and (b) of Section
31839.
31840.1. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System, shall apply in like manner
and under like conditions to said member by reason of his membership
in any retirement system maintained by the Regents of the University
of California, provided said member enters any retirement system
maintained by said regents pursuant to an agreement made on or after
January 1, 1965, between said regents and a county making provision
for the operation by said regents of all or any part of the hospital
facilities of that county or the transfer of title to such a hospital
to the regents and for reciprocal university retirement system
rights and limitations substantially comparable to those prescribed
by this article.
31840.2. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him or her to any limitation by reason of his or her
membership in the Public Employees' Retirement System shall apply in
like manner and under like conditions to a member by reason of his or
her membership in any retirement system established under Chapter 2
(commencing with Section 45300) of Division 5 of Title 4 with respect
to which an ordinance complying with Section 45310.5 has been filed
with and accepted by the board or by reason of his or her membership
in a retirement system established by or pursuant to the charter of a
city or city and county or by any other public agency of this state
which system, in the opinion of the board, provides a similar
modification of rights and benefits because of membership in a system
established under this chapter and with respect to which the
governing body of such city, city and county or public agency and the
board have entered into agreement pursuant to Section 20351. This
section shall apply only to a member whose termination and subsequent
reentry into employment resulting in a change in membership from a
system established under this chapter to such other system or from
such other system to a system established under this chapter occurred
after such acceptance or determination by the board; provided,
however, that provisions relating to computation of final
compensation shall apply to any other member if such provision would
have applied had the termination and entry into employment occurred
after such acceptance or determination by the board.
As used in this section, "board" means the Board of Administration
of the Public Employees' Retirement System.
31840.3. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his membership in the Public Employees' Retirement
System shall also apply to members who terminated state employment on
or after June 30, 1971, but because of county budget problems were
not employed in the permanent positions to which they would otherwise
have been assigned and did not become permanent county employees
until on or before January 4, 1972.
This section shall not be operative in any county until it is
adopted by a majority vote of the board of supervisors.
31840.4. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within 90 days of termination of employment covered by a
system under this chapter or another retirement system, with respect
to such reemployment which occurs on and after January 1, 1976, such
period shall be six months rather than 90 days.
This section shall also be applicable to members who were
permanent employees of the state who were laid off because of a
reduction in work force and whose break in service between retirement
systems occurred prior to January 1, 1976, but not before April 1,
1970.
31840.5. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System shall also apply to members
who terminated state employment and became employees of a district
within six months of such termination and who were employees of such
district at the time that the district became subject to the county
retirement system. Any change in a member's contribution rate shall
become effective on January 1, 1977, and a member whose rate is
reduced shall not be entitled to any payment with respect to his rate
of contribution prior to that date.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31840.6. Whenever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within six months of termination of membership in a
system under this chapter or another retirement system, such period
shall be one year rather than six months if the member was an
elective officer and becomes a member of a system established under
this chapter upon commencement of service in another elective office
on and after January 1, 1977.
This section shall not be applicable in any county until adopted
by the board of supervisors nor until the other employer in a
reciprocal system elects a similar provision.
31840.7. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within a specified period after termination of
employment covered by a system under this chapter or another
retirement system, the period shall be one year in the case of any
member who was reemployed on or after January 1, 1989, and whose
termination of employment was due to layoff because of, a lack of
work, a lack of funds, or a reduction in workforce.
This section shall not be operative in any county until the time
that the board of supervisors, by resolution adopted by a majority
vote, makes the provision applicable in that county.
31840.8. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his or her membership in the Public Employees'
Retirement System shall also apply to members of the State Teachers'
Retirement System Defined Benefit Plan, the Judges' Retirement
System, and the Judges' Retirement System II.
31830. The provisions of this article are intended to encourage
career public service by granting reciprocal retirement benefits to
members who are entitled to retirement rights or benefits from two or
more retirement systems established under this chapter or from a
retirement system established under this chapter and 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, and to delineate
the financial obligations of each system and related political
entity so that no system or political entity shall be liable for more
than its just financial obligation.
31831. Any member, whether over or under the minimum age of service
retirement, who leaves county service and within 90 days or six
months if Section 31840.4 applies thereafter becomes a member of the
Public Employees' Retirement System, 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, regardless of the amount of county service, may
elect deferred retirement pursuant to Article 9 of this chapter,
except that he or she may not, after that election, rescind the
election or withdraw any of his or her accumulated contributions
while a member of such other system.
31831.1. Any member who left county or district service on or
before December 31, 1971, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his contributions on deposit pursuant to Article 9
(commencing with Section 31700) may now elect to leave his
accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he left the amount of accumulated
contributions and interest he withdrew from such retirement fund plus
regular interest thereon from date of separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1971, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his accumulated contributions on deposit pursuant to Article
9 (commencing with Section 31700) shall be eligible for the benefits
provided in this article, and for purposes of such benefits shall be
deemed to have entered membership in such other system within 90
days of his separation from county or employment. The deferred
retirement allowance for such member shall be determined in
accordance with the provisions of this chapter applicable to members
retiring directly from county employment on the date of his
retirement. Any member who qualifies for a reduced age at entry
pursuant to this section shall be entitled to use such age only from
and after the date he completes the redeposit as provided in this
section or, if he elected to leave his accumulated contributions on
deposit pursuant to Article 9 (commencing with Section 31700), from
and after the date he notifies the board in writing that he desires
the benefits of this section. This section shall not apply to members
who are retired or who are not in service of an employer making him
a member of a retirement system established under this chapter or of
the Public Employees' Retirement System.
Unless this chapter expressly provides to the contrary the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of such district or county as of the date of retirement and
not the laws pertaining to such system as of the date the member
first left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1977.
31831.2. Any member who left county or district service on or
before December 31, 1974, and became a member of a retirement system
established under this chapter in another county or of the Public
Employees' Retirement System, who did not elect to, or was not
eligible to, leave his or her contributions on deposit pursuant to
Article 9 (commencing with Section 31700) may now elect to leave his
or her accumulated contributions on deposit pursuant to Article 9
(commencing with Section 31700) by redepositing in the retirement
fund of the county or district he or she left the amount of
accumulated contributions and interest he or she withdrew from the
retirement fund plus regular interest thereon from date of
separation.
Any such member whose accumulated contributions are on deposit as
provided in this section and any other member who left county or
district service on or before December 31, 1974, who became a member
of a retirement system established under this chapter in another
county or of the Public Employees' Retirement System and who elected
to leave his or her accumulated contributions on deposit pursuant to
Article 9 (commencing with Section 31700) shall be eligible for the
benefits provided in this article, and for purposes of these benefits
shall be deemed to have entered membership in the other system
within 90 days, or six months if Section 31840.4 applies, of his or
her separation from county or district employment. The deferred
retirement allowance for the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
Any member who qualifies for a reduced age at entry pursuant to this
section shall be entitled to use that age only from and after the
date he or she completes the redeposit as provided in this section
or, if he or she elected to leave his or her accumulated
contributions on deposit pursuant to Article 9 (commencing with
Section 31700), from and after the date he or she notifies the board
in writing that he or she desires the benefits of this section. This
section shall not apply to members who are retired or who are not in
service of an employer making him or her a member of a retirement
system established under this chapter or of the Public Employees'
Retirement System.
Unless this chapter expressly provides to the contrary, the
retirement allowance received by a member pursuant to this section
shall be calculated based upon the laws pertaining to the retirement
system of the district or county as of the date of retirement and not
the laws pertaining to the system as of the date the member first
left county or district service.
This section shall not be applicable to any member entering
service after December 31, 1979.
This section shall apply only in a county of the first class, as
established by Sections 28020 and 28022, but shall not be operative
in a county until adopted by resolution of the board of supervisors.
31831.3. (a) Notwithstanding Sections 31831.1 and 31831.2, any
former member who left county or district service and became a member
of a retirement system established under this chapter in another
county or district, or a reciprocal retirement system, or a
retirement system established under the Public Employees' Retirement
Law, and who did not elect to, or was not eligible to, leave his or
her contributions on deposit pursuant to Article 9 (commencing with
Section 31700), may elect to redeposit those contributions if he or
she is an active member of a county retirement system, the Public
Employees' Retirement System, or another reciprocal retirement system
at the time of redeposit. A former member may exercise this right by
redepositing in the retirement fund of the county or district he or
she left, the amount of accumulated contributions and interest that
he or she withdrew from that retirement fund plus regular interest
thereon from the date of separation.
(b) A former member who redeposits under this section shall have
the same rights as a member who elected to leave his or her
accumulated contributions on deposit in the fund. The deferred
retirement allowance of the member shall be determined in accordance
with the provisions of this chapter applicable to a member retiring
directly from county employment on the date of his or her retirement.
(c) A former member who redeposits under this section shall be
entitled to a reduced age at entry, commencing with contributions
payable the first day of the month following the date the association
receives notice of the redeposit, only to the extent provided in
Section 31833.
(d) This section does not apply to the following:
(1) A member or former member who is retired.
(2) A former member who is not in the service of an employer
making him or her a member of a retirement system established under
this chapter in another county or district, a retirement system
established under the Public Employees' Retirement Law, or another
reciprocal retirement system.
(e) This section shall only apply to either of the following:
(1) A former member who is in the service of an employer as an
officer or employee of a law enforcement agency or fire department
whose principal duties consist of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
do not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(2) A former member who is in the service of an employer and seeks
to redeposit contributions for past employment as an officer or
employee of a law enforcement agency or fire department in this
system whose principal duties consisted of active law enforcement or
firefighting and prevention service, but excluding one whose
principal duties were those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
did not clearly come within the scope of active law enforcement or
firefighting and prevention service, even though the officer or
employee was subject to occasional call, or was occasionally called
upon, to perform duties within the scope of active law enforcement or
firefighting and prevention service.
(f) For purposes of this section, a "former member" is a member
who left county or district service and who did not elect to, or was
not eligible to, leave his or her contributions on deposit pursuant
to Article 9 (commencing with Section 31700).
(g) Each retirement system shall establish criteria to determine
the eligibility of a former member to redeposit contributions, and
the amount of contributions that may be redeposited, pursuant to this
section in those cases in which the system no longer maintains
complete records with respect to the former member.
31832. The board shall, on request of the Board of Administration
of the Public Employees' Retirement System, the board of retirement
of a retirement system established in another county under this
chapter, the Board of Retirement of the State Teachers' Retirement
System, or the board of retirement 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, supply information and data necessary
for the administration of such other system as it is affected by
membership in and service credited under this system.
31833. For the purpose of this article and Articles 6 and 6.8 of
this chapter, age at time of entrance into the retirement system for
a person who enters within 90 days, or six months if Section 31840.4
applies, of last rendering service as a member of the Public
Employees' Retirement System, another retirement system established
under this chapter, 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, and who retains his
membership in such other system or systems, shall be his age at entry
into the first such other system.
31833.1. For the purpose of this article and Article 6 (commencing
with Section 31620) and Article 6.8 (commencing with Section 31639)
of this chapter, a member's age at the time of entrance into the
retirement system for a person who, after entering, redeposits the
contributions he or she withdrew from the Public Employees'
Retirement System, and who otherwise meets all requirements for
reciprocity under this article by reason of his or her membership in
the Public Employees' Retirement System, shall be his or her age at
entry into the Public Employees' Retirement System, commencing with
the pay period immediately following receipt of confirmation from the
Public Employees' Retirement System that all withdrawn contributions
have been redeposited.
31834. Notwithstanding Section 31558 and regardless of age at entry
into the system in counties subject to the provisions of Section
31676.1 and in counties electing pursuant to Section 31695.1, a
person shall become a safety member on the first day of the calendar
month following his entrance into service in a position the principal
duties of which are defined in Sections 31470.2, 31470.4 or 31470.6,
if such first day of the calendar month is within 90 days, or six
months if Section 31840.4 applies of last rendering active police or
fire suppression or lifeguard work as a member of the Public
Employees' Retirement System or a retirement system established under
this chapter in another county, 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, and
the person retains his membership in such other system.
31835. The average compensation during any period of service as a
member of the Public Employees' Retirement System, a member of the
Judges' Retirement System or Judges' Retirement System II, 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 6 months if Section
31840.4 applies. That period shall not include any time during which
the member was prohibited by law from becoming a member of the system
of another county.
Notwithstanding anything in this chapter to the contrary, the
90-day or 6-month restriction referred to in this section or any
other provision of this chapter effecting deferred retirement shall
not be applicable to any members who left county or district service
prior to October 1, 1949, and subsequently redeposited.
(2) He or she retires concurrently under both systems and is
credited with the period of service under that other system at the
time of retirement.
The provisions of this section shall be applicable to all members
and beneficiaries of the system.
31835.01. Section 31835 shall be retroactively applied so as to
extend the benefits thereof to every active and retired member and
beneficiary who left county or district service prior to October 1,
1949, and subsequently redeposited his contributions in the system in
respect to all payments for time after the effective date of his
retirement and prior to the effective date of this section as well as
to payments for time after the effective date of this section.
31835.02. Notwithstanding any other provision of this part, Section
31835 shall also apply to any member who was a member of a
retirement system established under this chapter and who subsequently
becomes a member of the Public Employees' Retirement System, a
retirement system established under this chapter in another county,
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, providing the period intervening
between the periods for which active service was credited does not
exceed 90 days, or six months if Section 31840.2 applies, and the
member retires concurrently under both systems and is credited with
the periods of service at the time of retirement.
This section shall only be operative in any county of the fourth
class as described in Sections 28020 and 28025 if it is adopted by a
majority vote of the board of supervisors.
31835.1. Notwithstanding the provisions of Sections 31835 and
31836, a member of a retirement system established under this chapter
who is eligible to retire at age 50 pursuant to Section 31672, or
who is required to retire because of age while a member of the Public
Employees' Retirement System, a retirement system established under
this chapter in another county, 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, but
who cannot retire concurrently from the Public Employees' Retirement
System, a retirement system established under this chapter in another
county, 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, shall be entitled to have his
final compensation and service determined under Sections 31835 and
31836 as if he had retired concurrently under such other system.
31836. "Service," solely for purposes of qualification for payment
of benefits and retirement allowances, shall also include service as
an employee of the state or a contracting agency under the Public
Employees' Retirement System or of another county having a retirement
system established under this chapter, or as a member of the State
Teachers' Retirement System, or as 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, if the compensation for such
service constitutes compensation earnable by a member under Section
31835 of this part.
No credit shall be granted in this retirement system for service
for which the member has received credit in another retirement system
or for which he is presently receiving a retirement allowance from
another retirement system.
31836.1. "Service," for the purpose of qualifying members for the
discontinuance of contributions pursuant to Section 31625.2, shall
also include service as an employee of the state, a contracting
agency under the Public Employees' Retirement System, another county
having a retirement system established under this chapter, or any
other public agency if the compensation for the service constitutes
compensation earnable by a member under Section 31835.
This section shall become operative on January 1, 1988.
31836.2. (a) "Service," for the purpose of qualifying members for
the discontinuance of contributions pursuant to Section 31664,
31664.1, or 31664.2 shall also include service as an employee of the
state, a contracting agency under the Public Employees' Retirement
System, another county having a retirement system established under
this chapter, or any other public agency if the compensation for the
service constitutes compensation earnable by a member under Section
31835.
(b) This section shall apply only in a county of the first class,
as defined by Section 28020, as amended by Chapter 1204 of the
Statutes of 1971.
(c) This section is declaratory of existing law.
31837. Any member who elects, pursuant to Section 31700 and 31832,
to leave his accumulated contributions on deposit may be retired for
disability, regardless of age or length of service, and receive a
disability retirement allowance under this article based on the
service credited to him at the time of retirement during any period
thereafter in which he receives a disability retirement allowance
under the Public Employees' Retirement System or a retirement system
established under this chapter in another county, subject to the
following conditions:
(1) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
his becoming a member in such other system exceeds 90 days.
(2) That if the member is retiring for non-service-connected
disability, and, if a safety member has not attained age 55, or if a
nonsafety member has not attained age 65, his retirement allowance
shall be as calculated pursuant to Section 31838.
(3) That such allowance shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions when retirement
under the other system is for disability arising out of and in the
course of employment subject to such other system.
31837.1. Notwithstanding Sections 31837 and 31838, any member
covered under Section 31751 who elects, pursuant to Sections 31700
and 31832, to leave accumulated contributions on deposit may be
retired for disability and receive a disability retirement allowance
under this section during any period hereafter in which the member
receives a disability retirement allowance under the Public Employees'
Retirement System, a retirement system established under this
chapter in another county, 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, subject to all of the
following conditions:
(a) That such allowance shall not be paid if the period
intervening between the last service credited under this system and
becoming a member in such other system exceeds six months.
(b) That, if the member is retiring for non-service-connected
disability, the disability requirements shall be that of the other
system and the member's retirement allowance shall be based on the
other system's disability benefit formula. The disability benefit
received in the county shall be calculated as if all the member's
service was in the other system but then prorated using the ratio of
service in this county to the total service in both systems.
(c) That, if the member is retiring for disability arising out of
and in the course of employment subject to such other system, the
allowance to the member shall be an annuity which is the actuarial
equivalent of the member's accumulated contributions at the time of
retirement.
31838. Every safety member under age 55 years and every other
member under age 65 years who is retired for non-service-connected
disability and who is retired simultaneously under a disability
retirement allowance from the Public Employees' Retirement System or
a retirement system established under this chapter in another county
shall receive a retirement allowance equal to the greater of the
following amounts:
(1) The sum to which he would be entitled as service retirement;
or
(2) A sum which shall consist of:
(a) An annuity which is the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
(b) If, in the opinion of the board, his disability is not due to
intemperate use of alcoholic liquor or drugs, willful misconduct, or
violation of law on his part, a disability retirement pension
purchased by contributions of the county or district, all computed as
provided in Sections 31727 or 31727.2.
31838.5. No provision of this chapter shall be construed to
authorize any member, credited with service in more than one entity
and who is eligible for a disability allowance, whether service
connected or nonservice connected to receive an amount from one
county that, when combined with any amount from other counties or the
Public Employees' Retirement System, results in a disability
allowance greater than the amount the member would have received had
all the member's service been with only one entity.
In cases of service-connected disability allowances only, the
limitation on disability allowances provided for in this section
shall apply to service-connected disability allowances payable to
those who, after being employed with another county or an entity
within the Public Employees' Retirement System, become employed by a
second public entity on or after January 1, 1984.
Each entity shall calculate its respective obligations based upon
the member's service with that entity and each shall adjust its
payment on a pro rata basis.
31839. Upon the death before retirement of a member, while in
service as a member of the Public Employees' Retirement System or a
retirement system established pursuant to this chapter in another
county, who has made an election pursuant to Section 31700 and 31832,
the death benefit provided in Section 31781 payable by the system
from which he elected deferred retirement shall consist of:
(a) When death is not the result of a disease or injury arising
out of and in the course of employment, the amount of such death
benefit shall not exceed an amount which when added to the death
benefit payable for the member under such other system will equal the
total of the accumulated contributions to both systems plus 50
percent of the annual compensation earnable by the deceased during
the 12 months immediately preceding his death.
(b) When death is the result of disease or injury arising out of
and in the course of his employment as a member of such other system,
such death benefit shall consist solely of the member's accumulated
contributions.
31840. The death benefit provisions of paragraph (a) of Section
31839 shall be subject to the provisions of Sections 31765, 31765.1,
31781.1 and 31781.2 in those counties where these sections are
applicable. In all calculations under these sections only the
retirement allowances which would be payable by the system from which
the member elected deferred retirement shall be considered. The
provisions of Section 31784 shall apply to the death benefits
provided by paragraphs (a) and (b) of Section 31839.
31840.01. Notwithstanding Section 31840, upon the death before
retirement of a member covered under Section 31751, while in service
as a member of a retirement system established pursuant to this
chapter in another county, who has made an election pursuant to
Section 31700 and 31831, the death benefit provisions of paragraph
(a) of Section 31839 shall be subject to the provisions of Sections
31765, 31765.1, 31781.1, and 31781.2 in such other system where these
sections are applicable. In all calculations under these sections,
the death benefit received from this county shall be calculated as if
all of the member's service was in the other system but then
prorated using the ratio of service in this county to the total
service in both systems. The provisions of Section 31784 shall apply
to the death benefits provided by subdivisions (a) and (b) of Section
31839.
31840.1. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System, shall apply in like manner
and under like conditions to said member by reason of his membership
in any retirement system maintained by the Regents of the University
of California, provided said member enters any retirement system
maintained by said regents pursuant to an agreement made on or after
January 1, 1965, between said regents and a county making provision
for the operation by said regents of all or any part of the hospital
facilities of that county or the transfer of title to such a hospital
to the regents and for reciprocal university retirement system
rights and limitations substantially comparable to those prescribed
by this article.
31840.2. The provisions of this article extending rights to a
member of a county retirement system established under this chapter
or subjecting him or her to any limitation by reason of his or her
membership in the Public Employees' Retirement System shall apply in
like manner and under like conditions to a member by reason of his or
her membership in any retirement system established under Chapter 2
(commencing with Section 45300) of Division 5 of Title 4 with respect
to which an ordinance complying with Section 45310.5 has been filed
with and accepted by the board or by reason of his or her membership
in a retirement system established by or pursuant to the charter of a
city or city and county or by any other public agency of this state
which system, in the opinion of the board, provides a similar
modification of rights and benefits because of membership in a system
established under this chapter and with respect to which the
governing body of such city, city and county or public agency and the
board have entered into agreement pursuant to Section 20351. This
section shall apply only to a member whose termination and subsequent
reentry into employment resulting in a change in membership from a
system established under this chapter to such other system or from
such other system to a system established under this chapter occurred
after such acceptance or determination by the board; provided,
however, that provisions relating to computation of final
compensation shall apply to any other member if such provision would
have applied had the termination and entry into employment occurred
after such acceptance or determination by the board.
As used in this section, "board" means the Board of Administration
of the Public Employees' Retirement System.
31840.3. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his membership in the Public Employees' Retirement
System shall also apply to members who terminated state employment on
or after June 30, 1971, but because of county budget problems were
not employed in the permanent positions to which they would otherwise
have been assigned and did not become permanent county employees
until on or before January 4, 1972.
This section shall not be operative in any county until it is
adopted by a majority vote of the board of supervisors.
31840.4. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within 90 days of termination of employment covered by a
system under this chapter or another retirement system, with respect
to such reemployment which occurs on and after January 1, 1976, such
period shall be six months rather than 90 days.
This section shall also be applicable to members who were
permanent employees of the state who were laid off because of a
reduction in work force and whose break in service between retirement
systems occurred prior to January 1, 1976, but not before April 1,
1970.
31840.5. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
or subjecting him to any limitation, by reason of his membership in
the Public Employees' Retirement System shall also apply to members
who terminated state employment and became employees of a district
within six months of such termination and who were employees of such
district at the time that the district became subject to the county
retirement system. Any change in a member's contribution rate shall
become effective on January 1, 1977, and a member whose rate is
reduced shall not be entitled to any payment with respect to his rate
of contribution prior to that date.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31840.6. Whenever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within six months of termination of membership in a
system under this chapter or another retirement system, such period
shall be one year rather than six months if the member was an
elective officer and becomes a member of a system established under
this chapter upon commencement of service in another elective office
on and after January 1, 1977.
This section shall not be applicable in any county until adopted
by the board of supervisors nor until the other employer in a
reciprocal system elects a similar provision.
31840.7. Wherever in this chapter the rights of a member, because
of membership in another retirement system, are conditioned upon
reemployment within a specified period after termination of
employment covered by a system under this chapter or another
retirement system, the period shall be one year in the case of any
member who was reemployed on or after January 1, 1989, and whose
termination of employment was due to layoff because of, a lack of
work, a lack of funds, or a reduction in workforce.
This section shall not be operative in any county until the time
that the board of supervisors, by resolution adopted by a majority
vote, makes the provision applicable in that county.
31840.8. The provisions of this chapter extending rights to a
member of a county retirement system established under this chapter
by reason of his or her membership in the Public Employees'
Retirement System shall also apply to members of the State Teachers'
Retirement System Defined Benefit Plan, the Judges' Retirement
System, and the Judges' Retirement System II.
