State Codes and Statutes

Statutes > California > Gov > 31499.10-31499.19

GOVERNMENT CODE
SECTION 31499.10-31499.19



31499.10.  (a) The retirement plan created by this article shall be
known as Retirement Plan 3.
   (b) This article shall be applicable in the retirement system of
any county of the 20th class as described by Section 28041, if the
board of supervisors adopts, by majority vote, a resolution providing
that the article shall be applicable.
   (c) The purpose of this article is to provide an optional,
noncontributory retirement plan for general members as an alternative
to the provisions and benefits otherwise contained in this chapter.
   (d) The retirement benefits of (1) all general members employed
after the date this article is made operative and who elect the plan
created by this article and (2) existing general members who transfer
to the plan created by this article, shall be governed by this
article.
   (e) In the event of a conflict, this article shall supersede and
prevail over other provisions or application of provisions otherwise
contained in this chapter.
   (f) Except as otherwise provided below, the provisions contained
in this chapter shall apply:
   (1) Article 9 (commencing with Section 31700) of this chapter
shall not be applicable.
   (2) Article 10 (commencing with Section 31720) of this chapter
shall not be applicable.
   (3) Article 11 (commencing with Section 31760) of this chapter
shall not be applicable.
   (4) Article 12 (commencing with Section 31780) of this chapter
shall not be applicable.
   (5) Article 16.5 (commencing with Section 31780) of this chapter
shall not be applicable.
   (g) Article 15 (commencing with Section 31830) shall only be
applicable for service retirement. Those provisions of Article 15
dealing with disability retirement, death benefits, and the
requirement relating to the deposit of accumulated member
contributions shall not be applicable.
   (h) Except as otherwise provided, any member who upon retirement
receives a retirement pension calculated in accordance with sections
or provisions added to this article subsequent to the effective date
of this article shall have his or her pension calculated under each
such section or provision only for the period of time that those
sections or provisions were in effect, unless otherwise mutually
agreed between the employer and its employee representatives.
   (i) Unless specifically otherwise provided, no amendment to this
article subsequent to the effective date of this article shall apply
to any county or to the employees of any county unless mutually
agreed to by the employer and emloyee representatives and adopted by
majority resolution of the board of supervisors.



31499.11.  Unless the context otherwise requires, the definitions
contained in this section govern the construction of this article.
   (a) "Board" means the board of retirement.
   (b) "Employer" means the county or district or agency whose
employees are members of the retirement system of the county.
   (c) "Federal system" means the Old Age and Survivors Insurance
provisions of the Social Security Act.
   (d) "Final compensation" means the average annual compensation
earnable by a general member during any three years, whether or not
consecutive, elected by the member at or before the time an
application for retirement is filed, or, if no election is made,
during the three years in which the member or former member last
earned compensation preceding retirement. If a member or former
member has less than three years of service, final compensation shall
be determined by dividing total compensation by the number of months
of service credited to the member or former member and multiplying
by 12. In no event shall final compensation include any disability
benefits received by the member or former member under a disability
plan provided by the employer.
   (e) "Member" or "general member" means an employee hired on a
permanent basis, as defined by the employer, except an employee
eligible for safety member.
   (f) "Primary insurance amount" means the monthly retirement
benefit payable under the federal system at the age of 65.
   (g) "Service" means the period of uninterrupted employment of a
member and the time in which a member or former member (1) is totally
disabled, and (2) is receiving disability benefits or is eligible to
receive disability benefits either during or after any elimination
or qualifying period, under a disability plan provided by the
employer.
   Except as otherwise provided in this article, a member shall not
be credited with service for any period of time in which the member
is absent from work without pay.
   Unless otherwise provided, service shall not include military
service or public service other than service with the employer.




31499.12.  (a) (1) Except as otherwise provided in Section 31499.13,
there shall be no general members' contributions under the plan
created by this article.
   (2) A member who transfers to the retirement plan created by this
article shall have refunded, within a reasonable period of time, not
to exceed nine months from the date of receipt of election to
transfer by the board, the member's accumulated contributions,
together with interest thereon, which are credited to the member's
account. Interest shall be credited to the June 30 or December 31
date, whichever is later, immediately preceding the date of the
refund warrant. Any refund under this section shall be payable to the
member.
   (b) (1) Except as provided in Sections 31499.13 and 31499.17 and
under reciprocal provisions of this article, a member who was in
public service prior to becoming a member may not elect to receive
credit in this retirement plan for the public service time, and may
not receive credit for that prior public service.
   (2) Absence from work or termination of employment while an
eligible employee or disability beneficiary, as defined by a
disability plan provided by the employer, may not be considered as
breaking the continuity of service.
   (3) For the purposes of subdivision (b) of Section 31499.14, an
unpaid leave of absence of not to exceed one year, or a leave of
absence for which an employee received any benefit that has been
approved by the employer, may not be considered an interruption of
service. However, the period of time of unpaid leave may not be
considered as service in calculating the benefits otherwise provided
under this article.


31499.13.  (a) An active member governed by the provisions of this
article may elect, by written notice filed with the board, to make
contributions and receive credit in this retirement system for
service with the county that was rendered prior to his or her current
membership in the system and for which he or she would not otherwise
be entitled to receive credit pursuant to this article.
   (b) Notwithstanding any other provision of this chapter, service
credit received by a member pursuant to this section may not be
counted to meet the minimum qualifications for service or disability
retirement, additional cost-of-living benefits, health care benefits,
or any other benefits based on service credit.
   (c) Any member who elects to make contributions and receive
service credit pursuant to this section shall contribute to the
retirement fund, prior to the effective date of his or her retirement
or, if applicable, prior to the date provided in Section 31485.7, by
lump-sum payment or by installment payments over a period not to
exceed 10 years, an amount that is equal to the present value of the
additional liability incurred by the system in crediting the prior
service, based upon actuarial assumptions in effect for the
retirement system at the time the election is made.
   (d) No member may receive any service credit under this section
for which he or she has not completed payment pursuant to subdivision
(c) before the effective date of his or her retirement or, if
applicable, before the date provided in Section 31485.7. Subject to
the limitations of federal law, a member who has elected to make
payments in installments may complete payment by lump sum at any time
prior to the effective date of his or her retirement.
   (e) Any sums paid by a member pursuant to this section shall be
considered to be and administered as contributions by the member.
   (f) This section is not operative until the board of supervisors
elects, by resolution adopted by a majority vote, to make this
section operative in the county.



31499.14.  (a) Retirement of a member or former member who has met
the requirements for age and service shall be made by the board, at
which time the member or former member becomes a retired member.
   (b) Any member who has completed 10 years of service shall be
vested under the plan created by this article.
   (c) Any member who is not vested, whose employment terminated, and
who is then reemployed shall not receive credit for his or her
previous service credited under Plan 3, provided, that the service
was rendered in Plan 3.
   (d) Any vested member or vested former member who has attained the
age of 65 years may be retired upon filing with the board a written
application on a form provided by the board for normal retirement
setting forth the desired effective retirement date.
   (e) Any vested member or vested former member who has attained the
age of 55 years may be retired upon filing with the board a written
application on a form provided by the board for early retirement
setting forth the desired effective retirement date.
   (f) The normal retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member equal to 2 percent of his or her final compensation
multiplied by the number of years of service to the preceding
completed month to which the member is entitled to be credited at
retirement, not to exceed 35 years, added to 1 percent of the member'
s final compensation multiplied by the number of years of service in
excess of 35, not to exceed 20 years, reduced by the estimated
primary insurance amount, if any, multiplied by the fraction of the
number of years of service with the employer subject to coverage
under the federal system, not to exceed 35 years, divided by 35.
   In no event shall the normal retirement pension, when added to the
estimated primary insurance amount, exceed 70 percent of the member'
s final compensation unless the years of service to which the member
is entitled to be credited at retirement exceeds 35, in which case
the normal retirement pension, when added to the estimated primary
insurance amount, shall not exceed 80 percent of the member's final
compensation.
   (g) The early retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member in an amount which is the actuarial equivalent of the normal
retirement pension to which the retired member would be entitled if
otherwise eligible for normal retirement, which shall be computed by
multiplying the normal retirement pension by the early retirement
adjustment factor set forth opposite the member's age as of the
birthday immediately preceding the date of retirement in the
following table:

  Age                                 ERA factor
  55.............................         .39
  56.............................         .43
  57.............................         .47
  58.............................         .51
  59.............................         .56
  60.............................         .61
  61.............................         .67
  62.............................         .74
  63.............................         .82
  64.............................         .90

   The early retirement adjustment factor set forth in this
subdivision shall be used until adjusted by the board in accordance
with the interest and mortality tables adopted by the board.
   (h) The board, upon the advice of the actuary, shall establish and
adjust, as required, the table of estimated primary insurance
amounts, which shall be utilized in computing the retirement benefit.
For purposes of this article, the primary insurance amount shall be
estimated based on the employee's age and salary as of the date of
retirement or the date of termination of a vested member, whichever
is applicable, provided that:
   (1) An employee's prior career earnings shall be assumed to have
been subject to the federal system and to have increased on a
year-to-year basis at a rate equivalent to the rate of increase in
the average per worker total wages reported by the Social Security
Administration, and
   (2) For those members who have not attained the normal retirement
age under the federal system as of the date of retirement (A) future
earnings in employment covered by the federal system shall be assumed
to continue at the rate of pay received by the employee from the
employer as of the date of retirement or the date of termination of a
vested member, whichever is applicable, and (B) future wage bases,
as defined by the federal system, shall be assumed to continue at the
wage base in effect in the year of retirement or the year of
termination of a vested member, whichever is applicable, and (C)
cost-of-living increases in the year of retirement and delayed
retirement credit provided under the federal system shall not be
included in the calculation of the estimated primary insurance
amount.
   (i) The employer shall certify the years of service to be credited
at retirement and the final compensation to be utilized in computing
the normal and early retirement pension.
   (j) At the time of application for retirement, the member or
former member shall provide adequate proof (1) of age and (2) of the
eligibility of persons, if any, who at that time would otherwise
qualify for the survivor allowance provided for in Section 31499.15.
   (k) Notwithstanding subdivision (f), any retired member receiving
a normal retirement pension shall, as soon as possible but not later
than six months following retirement, present evidence required by
the board of the retired member's actual primary insurance amount.
For purposes of this subdivision, the actual primary insurance amount
shall be the amount payable under the federal system on the retired
member's date of retirement without regard to delayed retirement
credit or any deductions on account of work. Following receipt of
that evidence, the board shall adjust the retired member's pension
from the date of retirement to equal the amount of the pension to
which he or she would have been entitled on that date had the
estimated primary insurance amount equaled the actual primary
insurance amount.


31499.15.  (a) Upon the death of a retired member, 50 percent of the
retirement pension, if not modified in accordance with the optional
survivor allowance in subdivision (b), shall be continued during and
throughout the life of his or her surviving spouse, if he or she was
married to the member at least one year prior to the date of
retirement. If there is no surviving spouse entitled to this
allowance, or if he or she dies before every child of the deceased
retired member, including stepchild or adopted child, attains the age
of 18 years, then the allowance which the surviving spouse would
have received had he or she lived, shall be paid to the deceased
retired member's child or children under the age of 18 years. If the
survivor allowance is to be paid to surviving children, the allowance
shall be divided among the children in equal amounts. However, the
right of any child to share in the allowance shall cease upon his or
her death, marriage, or upon attaining the age of 18 years.
   Notwithstanding any other provisions of this subdivision, the
allowance otherwise payable to the children of the retired member
shall be paid to the children through the age of 21, if the children
remain unmarried and are regularly enrolled as full-time students in
any accredited school as determined by the board.
   (b) A vested member, or vested former member, in lieu of the
normal or early retirement pension for the retired member's life
alone, may elect to have the actuarial equivalent of the retired
member's pension as of the date of retirement applied to a lesser
amount payable throughout the retired member's life, and thereafter
to have a survivor allowance as approved by the board, upon the
advice of the actuary, continued throughout the life of and paid to
the person or persons having an insurable interest in the life of the
retired member, as the member or former member nominates by written
designation duly executed and filed with the board at the time of
retirement.
   (c) No designation pursuant to subdivision (b) shall, in the
opinion of the board and the actuary, place any additional actuarial
cost burden upon the retirement system.



31499.16.  Any person employed subsequent to the effective date of
this article who would otherwise qualify as a member shall not become
a member until he or she certifies to the board his or her election
to be covered by the retirement plan established by this article or
to be covered by the retirement provisions and benefits otherwise
available to members on the date preceding the effective date of this
article. As a condition of continued employment, the certification
shall be made within 60 days of employment. The employer shall make
available to the person a disclosure of the elements of each of the
available retirement plans prior to accepting his or her election.



31499.17.  (a) General members may, within 180 days of the effective
date of this article, elect to transfer to the retirement plan
created by this article upon proper application executed by the
member and filed with the board.
   (b) The retirement benefits of the transferred members are
governed and defined by this article.
   (c) Transferring members relinquish and waive any and all
previously available vested or accrued retirement, survivor,
disability and death benefits. All transferring members whose
contributions for public service have been refunded to them shall not
receive credit for that service.
   (d) Any member who selects Retirement Plan 3 upon reentering into
county service and who has not received credit as a Plan 3 member for
previous county service, may elect to repurchase his or her previous
service by redepositing his or her withdrawn contributions, plus
interest, from date of termination, and shall then receive credit for
that service under the plan status at the time of original
employment.
   (e) Any member who has elected or transferred to the plan created
by this article and who terminates his or her employment and is later
reemployed shall not be entitled to change his or her election upon
that reemployment, unless a resolution, enacted by the board of
supervisors subsequent to the member's election to transfer to the
new plan, so provides.
   (f) A plan transfer by a member is voluntary and shall be
irrevocable, unless the board of supervisors, by resolution,
authorizes Retirement Plan 3 members to transfer to a retirement plan
authorized under Article 8 (commencing with Section 31670), under
the terms and conditions specified in the resolution. The terms may
include, but are not limited to, (1) an eligibility provision based
on the number of years in county service, or (2) a provision for
crediting service in the plan which (A) the member transfers to only
for that service rendered after adoption of the resolution or (B) an
eligibility provision that, for the purposes of Article 10
(commencing with Section 31720), considers years in county service
from the date the member transfers to a new plan unless the prior
county service credit is restored, or both. The resolution may
establish different service credit conditions for various job
classifications or groups, or for various represented bargaining
units, different conditions agreed upon by the employer and the
employee representative, or both. The board of supervisors may also
establish other conditions it deems necessary or desirable.




31499.18.  Until the completion of the next regularly scheduled
actuarial survey of the retirement system, the employer contribution
required to finance the plan created by this article shall be
established by the board, upon the recommendation of the actuary.




31499.19.  If any provision of this article, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity shall not affect other provisions or application of the
article which can be given effect without the invalid provisions or
application and, to this end the provisions of this article are
severable.


State Codes and Statutes

Statutes > California > Gov > 31499.10-31499.19

GOVERNMENT CODE
SECTION 31499.10-31499.19



31499.10.  (a) The retirement plan created by this article shall be
known as Retirement Plan 3.
   (b) This article shall be applicable in the retirement system of
any county of the 20th class as described by Section 28041, if the
board of supervisors adopts, by majority vote, a resolution providing
that the article shall be applicable.
   (c) The purpose of this article is to provide an optional,
noncontributory retirement plan for general members as an alternative
to the provisions and benefits otherwise contained in this chapter.
   (d) The retirement benefits of (1) all general members employed
after the date this article is made operative and who elect the plan
created by this article and (2) existing general members who transfer
to the plan created by this article, shall be governed by this
article.
   (e) In the event of a conflict, this article shall supersede and
prevail over other provisions or application of provisions otherwise
contained in this chapter.
   (f) Except as otherwise provided below, the provisions contained
in this chapter shall apply:
   (1) Article 9 (commencing with Section 31700) of this chapter
shall not be applicable.
   (2) Article 10 (commencing with Section 31720) of this chapter
shall not be applicable.
   (3) Article 11 (commencing with Section 31760) of this chapter
shall not be applicable.
   (4) Article 12 (commencing with Section 31780) of this chapter
shall not be applicable.
   (5) Article 16.5 (commencing with Section 31780) of this chapter
shall not be applicable.
   (g) Article 15 (commencing with Section 31830) shall only be
applicable for service retirement. Those provisions of Article 15
dealing with disability retirement, death benefits, and the
requirement relating to the deposit of accumulated member
contributions shall not be applicable.
   (h) Except as otherwise provided, any member who upon retirement
receives a retirement pension calculated in accordance with sections
or provisions added to this article subsequent to the effective date
of this article shall have his or her pension calculated under each
such section or provision only for the period of time that those
sections or provisions were in effect, unless otherwise mutually
agreed between the employer and its employee representatives.
   (i) Unless specifically otherwise provided, no amendment to this
article subsequent to the effective date of this article shall apply
to any county or to the employees of any county unless mutually
agreed to by the employer and emloyee representatives and adopted by
majority resolution of the board of supervisors.



31499.11.  Unless the context otherwise requires, the definitions
contained in this section govern the construction of this article.
   (a) "Board" means the board of retirement.
   (b) "Employer" means the county or district or agency whose
employees are members of the retirement system of the county.
   (c) "Federal system" means the Old Age and Survivors Insurance
provisions of the Social Security Act.
   (d) "Final compensation" means the average annual compensation
earnable by a general member during any three years, whether or not
consecutive, elected by the member at or before the time an
application for retirement is filed, or, if no election is made,
during the three years in which the member or former member last
earned compensation preceding retirement. If a member or former
member has less than three years of service, final compensation shall
be determined by dividing total compensation by the number of months
of service credited to the member or former member and multiplying
by 12. In no event shall final compensation include any disability
benefits received by the member or former member under a disability
plan provided by the employer.
   (e) "Member" or "general member" means an employee hired on a
permanent basis, as defined by the employer, except an employee
eligible for safety member.
   (f) "Primary insurance amount" means the monthly retirement
benefit payable under the federal system at the age of 65.
   (g) "Service" means the period of uninterrupted employment of a
member and the time in which a member or former member (1) is totally
disabled, and (2) is receiving disability benefits or is eligible to
receive disability benefits either during or after any elimination
or qualifying period, under a disability plan provided by the
employer.
   Except as otherwise provided in this article, a member shall not
be credited with service for any period of time in which the member
is absent from work without pay.
   Unless otherwise provided, service shall not include military
service or public service other than service with the employer.




31499.12.  (a) (1) Except as otherwise provided in Section 31499.13,
there shall be no general members' contributions under the plan
created by this article.
   (2) A member who transfers to the retirement plan created by this
article shall have refunded, within a reasonable period of time, not
to exceed nine months from the date of receipt of election to
transfer by the board, the member's accumulated contributions,
together with interest thereon, which are credited to the member's
account. Interest shall be credited to the June 30 or December 31
date, whichever is later, immediately preceding the date of the
refund warrant. Any refund under this section shall be payable to the
member.
   (b) (1) Except as provided in Sections 31499.13 and 31499.17 and
under reciprocal provisions of this article, a member who was in
public service prior to becoming a member may not elect to receive
credit in this retirement plan for the public service time, and may
not receive credit for that prior public service.
   (2) Absence from work or termination of employment while an
eligible employee or disability beneficiary, as defined by a
disability plan provided by the employer, may not be considered as
breaking the continuity of service.
   (3) For the purposes of subdivision (b) of Section 31499.14, an
unpaid leave of absence of not to exceed one year, or a leave of
absence for which an employee received any benefit that has been
approved by the employer, may not be considered an interruption of
service. However, the period of time of unpaid leave may not be
considered as service in calculating the benefits otherwise provided
under this article.


31499.13.  (a) An active member governed by the provisions of this
article may elect, by written notice filed with the board, to make
contributions and receive credit in this retirement system for
service with the county that was rendered prior to his or her current
membership in the system and for which he or she would not otherwise
be entitled to receive credit pursuant to this article.
   (b) Notwithstanding any other provision of this chapter, service
credit received by a member pursuant to this section may not be
counted to meet the minimum qualifications for service or disability
retirement, additional cost-of-living benefits, health care benefits,
or any other benefits based on service credit.
   (c) Any member who elects to make contributions and receive
service credit pursuant to this section shall contribute to the
retirement fund, prior to the effective date of his or her retirement
or, if applicable, prior to the date provided in Section 31485.7, by
lump-sum payment or by installment payments over a period not to
exceed 10 years, an amount that is equal to the present value of the
additional liability incurred by the system in crediting the prior
service, based upon actuarial assumptions in effect for the
retirement system at the time the election is made.
   (d) No member may receive any service credit under this section
for which he or she has not completed payment pursuant to subdivision
(c) before the effective date of his or her retirement or, if
applicable, before the date provided in Section 31485.7. Subject to
the limitations of federal law, a member who has elected to make
payments in installments may complete payment by lump sum at any time
prior to the effective date of his or her retirement.
   (e) Any sums paid by a member pursuant to this section shall be
considered to be and administered as contributions by the member.
   (f) This section is not operative until the board of supervisors
elects, by resolution adopted by a majority vote, to make this
section operative in the county.



31499.14.  (a) Retirement of a member or former member who has met
the requirements for age and service shall be made by the board, at
which time the member or former member becomes a retired member.
   (b) Any member who has completed 10 years of service shall be
vested under the plan created by this article.
   (c) Any member who is not vested, whose employment terminated, and
who is then reemployed shall not receive credit for his or her
previous service credited under Plan 3, provided, that the service
was rendered in Plan 3.
   (d) Any vested member or vested former member who has attained the
age of 65 years may be retired upon filing with the board a written
application on a form provided by the board for normal retirement
setting forth the desired effective retirement date.
   (e) Any vested member or vested former member who has attained the
age of 55 years may be retired upon filing with the board a written
application on a form provided by the board for early retirement
setting forth the desired effective retirement date.
   (f) The normal retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member equal to 2 percent of his or her final compensation
multiplied by the number of years of service to the preceding
completed month to which the member is entitled to be credited at
retirement, not to exceed 35 years, added to 1 percent of the member'
s final compensation multiplied by the number of years of service in
excess of 35, not to exceed 20 years, reduced by the estimated
primary insurance amount, if any, multiplied by the fraction of the
number of years of service with the employer subject to coverage
under the federal system, not to exceed 35 years, divided by 35.
   In no event shall the normal retirement pension, when added to the
estimated primary insurance amount, exceed 70 percent of the member'
s final compensation unless the years of service to which the member
is entitled to be credited at retirement exceeds 35, in which case
the normal retirement pension, when added to the estimated primary
insurance amount, shall not exceed 80 percent of the member's final
compensation.
   (g) The early retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member in an amount which is the actuarial equivalent of the normal
retirement pension to which the retired member would be entitled if
otherwise eligible for normal retirement, which shall be computed by
multiplying the normal retirement pension by the early retirement
adjustment factor set forth opposite the member's age as of the
birthday immediately preceding the date of retirement in the
following table:

  Age                                 ERA factor
  55.............................         .39
  56.............................         .43
  57.............................         .47
  58.............................         .51
  59.............................         .56
  60.............................         .61
  61.............................         .67
  62.............................         .74
  63.............................         .82
  64.............................         .90

   The early retirement adjustment factor set forth in this
subdivision shall be used until adjusted by the board in accordance
with the interest and mortality tables adopted by the board.
   (h) The board, upon the advice of the actuary, shall establish and
adjust, as required, the table of estimated primary insurance
amounts, which shall be utilized in computing the retirement benefit.
For purposes of this article, the primary insurance amount shall be
estimated based on the employee's age and salary as of the date of
retirement or the date of termination of a vested member, whichever
is applicable, provided that:
   (1) An employee's prior career earnings shall be assumed to have
been subject to the federal system and to have increased on a
year-to-year basis at a rate equivalent to the rate of increase in
the average per worker total wages reported by the Social Security
Administration, and
   (2) For those members who have not attained the normal retirement
age under the federal system as of the date of retirement (A) future
earnings in employment covered by the federal system shall be assumed
to continue at the rate of pay received by the employee from the
employer as of the date of retirement or the date of termination of a
vested member, whichever is applicable, and (B) future wage bases,
as defined by the federal system, shall be assumed to continue at the
wage base in effect in the year of retirement or the year of
termination of a vested member, whichever is applicable, and (C)
cost-of-living increases in the year of retirement and delayed
retirement credit provided under the federal system shall not be
included in the calculation of the estimated primary insurance
amount.
   (i) The employer shall certify the years of service to be credited
at retirement and the final compensation to be utilized in computing
the normal and early retirement pension.
   (j) At the time of application for retirement, the member or
former member shall provide adequate proof (1) of age and (2) of the
eligibility of persons, if any, who at that time would otherwise
qualify for the survivor allowance provided for in Section 31499.15.
   (k) Notwithstanding subdivision (f), any retired member receiving
a normal retirement pension shall, as soon as possible but not later
than six months following retirement, present evidence required by
the board of the retired member's actual primary insurance amount.
For purposes of this subdivision, the actual primary insurance amount
shall be the amount payable under the federal system on the retired
member's date of retirement without regard to delayed retirement
credit or any deductions on account of work. Following receipt of
that evidence, the board shall adjust the retired member's pension
from the date of retirement to equal the amount of the pension to
which he or she would have been entitled on that date had the
estimated primary insurance amount equaled the actual primary
insurance amount.


31499.15.  (a) Upon the death of a retired member, 50 percent of the
retirement pension, if not modified in accordance with the optional
survivor allowance in subdivision (b), shall be continued during and
throughout the life of his or her surviving spouse, if he or she was
married to the member at least one year prior to the date of
retirement. If there is no surviving spouse entitled to this
allowance, or if he or she dies before every child of the deceased
retired member, including stepchild or adopted child, attains the age
of 18 years, then the allowance which the surviving spouse would
have received had he or she lived, shall be paid to the deceased
retired member's child or children under the age of 18 years. If the
survivor allowance is to be paid to surviving children, the allowance
shall be divided among the children in equal amounts. However, the
right of any child to share in the allowance shall cease upon his or
her death, marriage, or upon attaining the age of 18 years.
   Notwithstanding any other provisions of this subdivision, the
allowance otherwise payable to the children of the retired member
shall be paid to the children through the age of 21, if the children
remain unmarried and are regularly enrolled as full-time students in
any accredited school as determined by the board.
   (b) A vested member, or vested former member, in lieu of the
normal or early retirement pension for the retired member's life
alone, may elect to have the actuarial equivalent of the retired
member's pension as of the date of retirement applied to a lesser
amount payable throughout the retired member's life, and thereafter
to have a survivor allowance as approved by the board, upon the
advice of the actuary, continued throughout the life of and paid to
the person or persons having an insurable interest in the life of the
retired member, as the member or former member nominates by written
designation duly executed and filed with the board at the time of
retirement.
   (c) No designation pursuant to subdivision (b) shall, in the
opinion of the board and the actuary, place any additional actuarial
cost burden upon the retirement system.



31499.16.  Any person employed subsequent to the effective date of
this article who would otherwise qualify as a member shall not become
a member until he or she certifies to the board his or her election
to be covered by the retirement plan established by this article or
to be covered by the retirement provisions and benefits otherwise
available to members on the date preceding the effective date of this
article. As a condition of continued employment, the certification
shall be made within 60 days of employment. The employer shall make
available to the person a disclosure of the elements of each of the
available retirement plans prior to accepting his or her election.



31499.17.  (a) General members may, within 180 days of the effective
date of this article, elect to transfer to the retirement plan
created by this article upon proper application executed by the
member and filed with the board.
   (b) The retirement benefits of the transferred members are
governed and defined by this article.
   (c) Transferring members relinquish and waive any and all
previously available vested or accrued retirement, survivor,
disability and death benefits. All transferring members whose
contributions for public service have been refunded to them shall not
receive credit for that service.
   (d) Any member who selects Retirement Plan 3 upon reentering into
county service and who has not received credit as a Plan 3 member for
previous county service, may elect to repurchase his or her previous
service by redepositing his or her withdrawn contributions, plus
interest, from date of termination, and shall then receive credit for
that service under the plan status at the time of original
employment.
   (e) Any member who has elected or transferred to the plan created
by this article and who terminates his or her employment and is later
reemployed shall not be entitled to change his or her election upon
that reemployment, unless a resolution, enacted by the board of
supervisors subsequent to the member's election to transfer to the
new plan, so provides.
   (f) A plan transfer by a member is voluntary and shall be
irrevocable, unless the board of supervisors, by resolution,
authorizes Retirement Plan 3 members to transfer to a retirement plan
authorized under Article 8 (commencing with Section 31670), under
the terms and conditions specified in the resolution. The terms may
include, but are not limited to, (1) an eligibility provision based
on the number of years in county service, or (2) a provision for
crediting service in the plan which (A) the member transfers to only
for that service rendered after adoption of the resolution or (B) an
eligibility provision that, for the purposes of Article 10
(commencing with Section 31720), considers years in county service
from the date the member transfers to a new plan unless the prior
county service credit is restored, or both. The resolution may
establish different service credit conditions for various job
classifications or groups, or for various represented bargaining
units, different conditions agreed upon by the employer and the
employee representative, or both. The board of supervisors may also
establish other conditions it deems necessary or desirable.




31499.18.  Until the completion of the next regularly scheduled
actuarial survey of the retirement system, the employer contribution
required to finance the plan created by this article shall be
established by the board, upon the recommendation of the actuary.




31499.19.  If any provision of this article, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity shall not affect other provisions or application of the
article which can be given effect without the invalid provisions or
application and, to this end the provisions of this article are
severable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 31499.10-31499.19

GOVERNMENT CODE
SECTION 31499.10-31499.19



31499.10.  (a) The retirement plan created by this article shall be
known as Retirement Plan 3.
   (b) This article shall be applicable in the retirement system of
any county of the 20th class as described by Section 28041, if the
board of supervisors adopts, by majority vote, a resolution providing
that the article shall be applicable.
   (c) The purpose of this article is to provide an optional,
noncontributory retirement plan for general members as an alternative
to the provisions and benefits otherwise contained in this chapter.
   (d) The retirement benefits of (1) all general members employed
after the date this article is made operative and who elect the plan
created by this article and (2) existing general members who transfer
to the plan created by this article, shall be governed by this
article.
   (e) In the event of a conflict, this article shall supersede and
prevail over other provisions or application of provisions otherwise
contained in this chapter.
   (f) Except as otherwise provided below, the provisions contained
in this chapter shall apply:
   (1) Article 9 (commencing with Section 31700) of this chapter
shall not be applicable.
   (2) Article 10 (commencing with Section 31720) of this chapter
shall not be applicable.
   (3) Article 11 (commencing with Section 31760) of this chapter
shall not be applicable.
   (4) Article 12 (commencing with Section 31780) of this chapter
shall not be applicable.
   (5) Article 16.5 (commencing with Section 31780) of this chapter
shall not be applicable.
   (g) Article 15 (commencing with Section 31830) shall only be
applicable for service retirement. Those provisions of Article 15
dealing with disability retirement, death benefits, and the
requirement relating to the deposit of accumulated member
contributions shall not be applicable.
   (h) Except as otherwise provided, any member who upon retirement
receives a retirement pension calculated in accordance with sections
or provisions added to this article subsequent to the effective date
of this article shall have his or her pension calculated under each
such section or provision only for the period of time that those
sections or provisions were in effect, unless otherwise mutually
agreed between the employer and its employee representatives.
   (i) Unless specifically otherwise provided, no amendment to this
article subsequent to the effective date of this article shall apply
to any county or to the employees of any county unless mutually
agreed to by the employer and emloyee representatives and adopted by
majority resolution of the board of supervisors.



31499.11.  Unless the context otherwise requires, the definitions
contained in this section govern the construction of this article.
   (a) "Board" means the board of retirement.
   (b) "Employer" means the county or district or agency whose
employees are members of the retirement system of the county.
   (c) "Federal system" means the Old Age and Survivors Insurance
provisions of the Social Security Act.
   (d) "Final compensation" means the average annual compensation
earnable by a general member during any three years, whether or not
consecutive, elected by the member at or before the time an
application for retirement is filed, or, if no election is made,
during the three years in which the member or former member last
earned compensation preceding retirement. If a member or former
member has less than three years of service, final compensation shall
be determined by dividing total compensation by the number of months
of service credited to the member or former member and multiplying
by 12. In no event shall final compensation include any disability
benefits received by the member or former member under a disability
plan provided by the employer.
   (e) "Member" or "general member" means an employee hired on a
permanent basis, as defined by the employer, except an employee
eligible for safety member.
   (f) "Primary insurance amount" means the monthly retirement
benefit payable under the federal system at the age of 65.
   (g) "Service" means the period of uninterrupted employment of a
member and the time in which a member or former member (1) is totally
disabled, and (2) is receiving disability benefits or is eligible to
receive disability benefits either during or after any elimination
or qualifying period, under a disability plan provided by the
employer.
   Except as otherwise provided in this article, a member shall not
be credited with service for any period of time in which the member
is absent from work without pay.
   Unless otherwise provided, service shall not include military
service or public service other than service with the employer.




31499.12.  (a) (1) Except as otherwise provided in Section 31499.13,
there shall be no general members' contributions under the plan
created by this article.
   (2) A member who transfers to the retirement plan created by this
article shall have refunded, within a reasonable period of time, not
to exceed nine months from the date of receipt of election to
transfer by the board, the member's accumulated contributions,
together with interest thereon, which are credited to the member's
account. Interest shall be credited to the June 30 or December 31
date, whichever is later, immediately preceding the date of the
refund warrant. Any refund under this section shall be payable to the
member.
   (b) (1) Except as provided in Sections 31499.13 and 31499.17 and
under reciprocal provisions of this article, a member who was in
public service prior to becoming a member may not elect to receive
credit in this retirement plan for the public service time, and may
not receive credit for that prior public service.
   (2) Absence from work or termination of employment while an
eligible employee or disability beneficiary, as defined by a
disability plan provided by the employer, may not be considered as
breaking the continuity of service.
   (3) For the purposes of subdivision (b) of Section 31499.14, an
unpaid leave of absence of not to exceed one year, or a leave of
absence for which an employee received any benefit that has been
approved by the employer, may not be considered an interruption of
service. However, the period of time of unpaid leave may not be
considered as service in calculating the benefits otherwise provided
under this article.


31499.13.  (a) An active member governed by the provisions of this
article may elect, by written notice filed with the board, to make
contributions and receive credit in this retirement system for
service with the county that was rendered prior to his or her current
membership in the system and for which he or she would not otherwise
be entitled to receive credit pursuant to this article.
   (b) Notwithstanding any other provision of this chapter, service
credit received by a member pursuant to this section may not be
counted to meet the minimum qualifications for service or disability
retirement, additional cost-of-living benefits, health care benefits,
or any other benefits based on service credit.
   (c) Any member who elects to make contributions and receive
service credit pursuant to this section shall contribute to the
retirement fund, prior to the effective date of his or her retirement
or, if applicable, prior to the date provided in Section 31485.7, by
lump-sum payment or by installment payments over a period not to
exceed 10 years, an amount that is equal to the present value of the
additional liability incurred by the system in crediting the prior
service, based upon actuarial assumptions in effect for the
retirement system at the time the election is made.
   (d) No member may receive any service credit under this section
for which he or she has not completed payment pursuant to subdivision
(c) before the effective date of his or her retirement or, if
applicable, before the date provided in Section 31485.7. Subject to
the limitations of federal law, a member who has elected to make
payments in installments may complete payment by lump sum at any time
prior to the effective date of his or her retirement.
   (e) Any sums paid by a member pursuant to this section shall be
considered to be and administered as contributions by the member.
   (f) This section is not operative until the board of supervisors
elects, by resolution adopted by a majority vote, to make this
section operative in the county.



31499.14.  (a) Retirement of a member or former member who has met
the requirements for age and service shall be made by the board, at
which time the member or former member becomes a retired member.
   (b) Any member who has completed 10 years of service shall be
vested under the plan created by this article.
   (c) Any member who is not vested, whose employment terminated, and
who is then reemployed shall not receive credit for his or her
previous service credited under Plan 3, provided, that the service
was rendered in Plan 3.
   (d) Any vested member or vested former member who has attained the
age of 65 years may be retired upon filing with the board a written
application on a form provided by the board for normal retirement
setting forth the desired effective retirement date.
   (e) Any vested member or vested former member who has attained the
age of 55 years may be retired upon filing with the board a written
application on a form provided by the board for early retirement
setting forth the desired effective retirement date.
   (f) The normal retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member equal to 2 percent of his or her final compensation
multiplied by the number of years of service to the preceding
completed month to which the member is entitled to be credited at
retirement, not to exceed 35 years, added to 1 percent of the member'
s final compensation multiplied by the number of years of service in
excess of 35, not to exceed 20 years, reduced by the estimated
primary insurance amount, if any, multiplied by the fraction of the
number of years of service with the employer subject to coverage
under the federal system, not to exceed 35 years, divided by 35.
   In no event shall the normal retirement pension, when added to the
estimated primary insurance amount, exceed 70 percent of the member'
s final compensation unless the years of service to which the member
is entitled to be credited at retirement exceeds 35, in which case
the normal retirement pension, when added to the estimated primary
insurance amount, shall not exceed 80 percent of the member's final
compensation.
   (g) The early retirement pension shall consist of an annual
allowance payable in monthly installments for the life of the retired
member in an amount which is the actuarial equivalent of the normal
retirement pension to which the retired member would be entitled if
otherwise eligible for normal retirement, which shall be computed by
multiplying the normal retirement pension by the early retirement
adjustment factor set forth opposite the member's age as of the
birthday immediately preceding the date of retirement in the
following table:

  Age                                 ERA factor
  55.............................         .39
  56.............................         .43
  57.............................         .47
  58.............................         .51
  59.............................         .56
  60.............................         .61
  61.............................         .67
  62.............................         .74
  63.............................         .82
  64.............................         .90

   The early retirement adjustment factor set forth in this
subdivision shall be used until adjusted by the board in accordance
with the interest and mortality tables adopted by the board.
   (h) The board, upon the advice of the actuary, shall establish and
adjust, as required, the table of estimated primary insurance
amounts, which shall be utilized in computing the retirement benefit.
For purposes of this article, the primary insurance amount shall be
estimated based on the employee's age and salary as of the date of
retirement or the date of termination of a vested member, whichever
is applicable, provided that:
   (1) An employee's prior career earnings shall be assumed to have
been subject to the federal system and to have increased on a
year-to-year basis at a rate equivalent to the rate of increase in
the average per worker total wages reported by the Social Security
Administration, and
   (2) For those members who have not attained the normal retirement
age under the federal system as of the date of retirement (A) future
earnings in employment covered by the federal system shall be assumed
to continue at the rate of pay received by the employee from the
employer as of the date of retirement or the date of termination of a
vested member, whichever is applicable, and (B) future wage bases,
as defined by the federal system, shall be assumed to continue at the
wage base in effect in the year of retirement or the year of
termination of a vested member, whichever is applicable, and (C)
cost-of-living increases in the year of retirement and delayed
retirement credit provided under the federal system shall not be
included in the calculation of the estimated primary insurance
amount.
   (i) The employer shall certify the years of service to be credited
at retirement and the final compensation to be utilized in computing
the normal and early retirement pension.
   (j) At the time of application for retirement, the member or
former member shall provide adequate proof (1) of age and (2) of the
eligibility of persons, if any, who at that time would otherwise
qualify for the survivor allowance provided for in Section 31499.15.
   (k) Notwithstanding subdivision (f), any retired member receiving
a normal retirement pension shall, as soon as possible but not later
than six months following retirement, present evidence required by
the board of the retired member's actual primary insurance amount.
For purposes of this subdivision, the actual primary insurance amount
shall be the amount payable under the federal system on the retired
member's date of retirement without regard to delayed retirement
credit or any deductions on account of work. Following receipt of
that evidence, the board shall adjust the retired member's pension
from the date of retirement to equal the amount of the pension to
which he or she would have been entitled on that date had the
estimated primary insurance amount equaled the actual primary
insurance amount.


31499.15.  (a) Upon the death of a retired member, 50 percent of the
retirement pension, if not modified in accordance with the optional
survivor allowance in subdivision (b), shall be continued during and
throughout the life of his or her surviving spouse, if he or she was
married to the member at least one year prior to the date of
retirement. If there is no surviving spouse entitled to this
allowance, or if he or she dies before every child of the deceased
retired member, including stepchild or adopted child, attains the age
of 18 years, then the allowance which the surviving spouse would
have received had he or she lived, shall be paid to the deceased
retired member's child or children under the age of 18 years. If the
survivor allowance is to be paid to surviving children, the allowance
shall be divided among the children in equal amounts. However, the
right of any child to share in the allowance shall cease upon his or
her death, marriage, or upon attaining the age of 18 years.
   Notwithstanding any other provisions of this subdivision, the
allowance otherwise payable to the children of the retired member
shall be paid to the children through the age of 21, if the children
remain unmarried and are regularly enrolled as full-time students in
any accredited school as determined by the board.
   (b) A vested member, or vested former member, in lieu of the
normal or early retirement pension for the retired member's life
alone, may elect to have the actuarial equivalent of the retired
member's pension as of the date of retirement applied to a lesser
amount payable throughout the retired member's life, and thereafter
to have a survivor allowance as approved by the board, upon the
advice of the actuary, continued throughout the life of and paid to
the person or persons having an insurable interest in the life of the
retired member, as the member or former member nominates by written
designation duly executed and filed with the board at the time of
retirement.
   (c) No designation pursuant to subdivision (b) shall, in the
opinion of the board and the actuary, place any additional actuarial
cost burden upon the retirement system.



31499.16.  Any person employed subsequent to the effective date of
this article who would otherwise qualify as a member shall not become
a member until he or she certifies to the board his or her election
to be covered by the retirement plan established by this article or
to be covered by the retirement provisions and benefits otherwise
available to members on the date preceding the effective date of this
article. As a condition of continued employment, the certification
shall be made within 60 days of employment. The employer shall make
available to the person a disclosure of the elements of each of the
available retirement plans prior to accepting his or her election.



31499.17.  (a) General members may, within 180 days of the effective
date of this article, elect to transfer to the retirement plan
created by this article upon proper application executed by the
member and filed with the board.
   (b) The retirement benefits of the transferred members are
governed and defined by this article.
   (c) Transferring members relinquish and waive any and all
previously available vested or accrued retirement, survivor,
disability and death benefits. All transferring members whose
contributions for public service have been refunded to them shall not
receive credit for that service.
   (d) Any member who selects Retirement Plan 3 upon reentering into
county service and who has not received credit as a Plan 3 member for
previous county service, may elect to repurchase his or her previous
service by redepositing his or her withdrawn contributions, plus
interest, from date of termination, and shall then receive credit for
that service under the plan status at the time of original
employment.
   (e) Any member who has elected or transferred to the plan created
by this article and who terminates his or her employment and is later
reemployed shall not be entitled to change his or her election upon
that reemployment, unless a resolution, enacted by the board of
supervisors subsequent to the member's election to transfer to the
new plan, so provides.
   (f) A plan transfer by a member is voluntary and shall be
irrevocable, unless the board of supervisors, by resolution,
authorizes Retirement Plan 3 members to transfer to a retirement plan
authorized under Article 8 (commencing with Section 31670), under
the terms and conditions specified in the resolution. The terms may
include, but are not limited to, (1) an eligibility provision based
on the number of years in county service, or (2) a provision for
crediting service in the plan which (A) the member transfers to only
for that service rendered after adoption of the resolution or (B) an
eligibility provision that, for the purposes of Article 10
(commencing with Section 31720), considers years in county service
from the date the member transfers to a new plan unless the prior
county service credit is restored, or both. The resolution may
establish different service credit conditions for various job
classifications or groups, or for various represented bargaining
units, different conditions agreed upon by the employer and the
employee representative, or both. The board of supervisors may also
establish other conditions it deems necessary or desirable.




31499.18.  Until the completion of the next regularly scheduled
actuarial survey of the retirement system, the employer contribution
required to finance the plan created by this article shall be
established by the board, upon the recommendation of the actuary.




31499.19.  If any provision of this article, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity shall not affect other provisions or application of the
article which can be given effect without the invalid provisions or
application and, to this end the provisions of this article are
severable.