31720. Any member permanently incapacitated for the performance of
duty shall be retired for disability regardless of age if, and only
if:
(a) The member's incapacity is a result of injury or disease
arising out of and in the course of the member's employment, and such
employment contributes substantially to such incapacity, or
(b) The member has completed five years of service, and
(c) The member has not waived retirement in respect to the
particular incapacity or aggravation thereof as provided by Section
31009.
The amendments to this section enacted during the 1979-80 Regular
Session of the Legislature shall be applicable to all applicants for
disability retirement on or after the effective date of such
amendments.
31720.1. Notwithstanding Section 31720, any member covered under
Section 31751 who is permanently incapacitated shall be retired for
disability regardless of age if, and only if:
(a) The member's incapacity is substantially caused by injury or
disease arising out of and in the course of the member's employment,
or
(b) The member has completed a total of 10 years of service.
"Permanently incapacitated," for the purpose of this section,
means that the member is unable permanently to engage in any
substantial gainful employment.
31720.3. In determining whether a member is eligible to retire for
disability, the board shall not consider medical opinion unless it is
deemed competent and shall not use disability retirement as a
substitute for the employer's disciplinary process.
31720.4. (a) Notwithstanding subdivision (b) of Section 31720, a
member who becomes permanently incapacitated for the performance of
duty with his or her employing county or district as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
the county or district, shall be retired for nonservice-connected
disability regardless of age or years of service.
(b) Notwithstanding any provision to the contrary in Section
31781.3, the surviving spouse of a member who dies as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
his or her employing county or district, shall be entitled to the
combined benefit under Section 31781.3 regardless of the member's
years of service at the time of death.
(c) For the purposes of this section:
(1) "Active military service" means full-time duty within a branch
of the Armed Forces of the United States.
(2) "Military leave" means an authorized leave of absence taken
from a member's employing county or district as a result of a member
being called to active military service because of his or her
position as a reservist or member of the National Guard.
(d) This section shall apply only to the County of Los Angeles and
shall not be operative with regard to the county, or a district
within the county, until the board of supervisors of the county, or
the governing body of the district, elects, by resolution adopted by
a majority vote, to make this section operative. The adoption of a
resolution making this section operative shall not create a vested
right with respect to any member prior to the member's retirement or
death. The board of supervisors or the governing body of the district
may repeal or amend the resolution at any time, except to the extent
that it would affect a member who is retired or is deceased at the
time of the repeal or amendment.
31720.5. If a safety member, a fireman member, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the State Employees' Retirement
System or under a retirement system established under this chapter
in another county, and develops heart trouble, such heart trouble so
developing or manifesting itself in such cases shall be presumed to
arise out of and in the course of employment. Such heart trouble so
developing or manifesting itself in such cases shall in no case be
attributed to any disease existing prior to such development or
manifestation.
As used in this section, "fireman member" includes a member
engaged in active fire suppression who is not classified as a safety
member.
As used in this section, "member in active law enforcement"
includes a member engaged in active law enforcement who is not
classified as a safety member.
31720.6. (a) If a safety member, a firefighter, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment. The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
(b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any safety member, firefighter member, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
cancer shall receive a service-connected disability retirement if the
member demonstrates that he or she was exposed to a known carcinogen
as a result of performance of job duties.
"Known carcinogen" for purposes of this section means those
carcinogenic agents recognized by the International Agency for
Research on Cancer, or the Director of the Department of Industrial
Relations.
(c) The presumption is disputable and may be controverted by
evidence, that the carcinogen to which the member has demonstrated
exposure is not reasonably linked to the disabling cancer, provided
that the primary site of the cancer has been established. Unless so
controverted, the board is bound to find in accordance with the
presumption. This presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually worked in
the specified capacity.
(d) "Firefighter," for purposes of this section, includes a member
engaged in active fire suppression who is not classified as a safety
member.
(e) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.
31720.7. (a) If a safety member, a firefighter, a county probation
officer, or a member in active law enforcement develops a blood-borne
infectious disease or a methicillin-resistant Staphylococcus aureus
skin infection, the disease or skin infection so developing or
manifesting itself in those cases shall be presumed to arise out of,
and in the course of, employment. The blood-borne infectious disease
or methicillin-resistant Staphylococcus aureus skin infection so
developing or manifesting itself in those cases shall in no case be
attributed to any disease or skin infection existing prior to that
development or manifestation.
(b) Any safety member, firefighter, county probation officer, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
a blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection shall receive a
service-connected disability retirement.
(c) (1) The presumption described in subdivision (a) is rebuttable
by other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.
(2) The blood-borne infectious disease presumption shall be
extended to a member following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
(3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a member following termination of service for a period of 90 days
commencing with the last day actually worked in the specified
capacity.
(d) "Blood-borne infectious disease," for purposes of this
section, means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of
Industrial Relations.
(e) "Member in active law enforcement," for purposes of this
section, means members employed by a sheriff's office, by a police or
fire department of a city, county, city and county, district, or by
another public or municipal corporation or political subdivision or
who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county
forestry or firefighting department or unit, except any of those
members whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
31720.9. (a) If a peace officer member, as defined in Sections
830.1 to 830.5, inclusive, of the Penal Code, or firefighter member,
with service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system
established pursuant to Chapter 5 (commencing with Section 32200), or
both, or under this retirement system, under the Public Employees'
Retirement System, or under a retirement system established under
this chapter in another county, becomes ill or dies due to exposure
to a biochemical substance, the illness that develops or manifests
itself in those cases shall be presumed to arise out of, and in the
course of, employment. The illness that develops or manifests itself
in those cases shall in no case be attributed to any illness existing
prior to that development or manifestation.
(b) Any peace officer member or firefighter member, as described
in subdivision (a), who becomes permanently incapacitated as a result
of exposure to a biochemical substance shall receive a
service-connected disability retirement.
(c) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless rebutted, the board is bound to find in
accordance with the presumption. This presumption shall be extended
to a member following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
(d) For purposes of this section, a peace officer member or
firefighter member, as described in subdivision (a), does not include
a member whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers.
(e) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
31721. (a) A member may be retired for disability upon the
application of the member, the head of the office or department in
which he is or was last employed, the board or its agents, or any
other person on his behalf, except that an employer may not separate
because of disability a member otherwise eligible to retire for
disability but shall apply for disability retirement of any eligible
member believed to be disabled, unless the member waives the right to
retire for disability and elects to withdraw contributions or to
permit contributions to remain in the fund with rights to service
retirement as provided in Article 9 (commencing with Section 31700).
(b) When a member appeals from a separation for disability,
disputing the employer's assertion or assumption that he is not
eligible for disability retirement, the official, entity other than
the board, or court to whom appealed shall transfer the proceedings
to the board for determination of the eligibility and of disability
if so eligible.
The appointing authority shall have the burden of proving
disability. Thereafter, the appellant shall have the burden of
proving job causation.
This subdivision shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions applicable in that county.
31722. The application shall be made while the member is in
service, within four months after his or her discontinuance of
service, within four months after the expiration of any period during
which a presumption is extended beyond his or her discontinuance of
service, or while, from the date of discontinuance of service to the
time of the application, he or she is continuously physically or
mentally incapacitated to perform his or her duties.
31723. The board may require such proof, including a medical
examination at the expense of the member, as it deems necessary or
the board upon its own motion may order a medical examination to
determine the existence of the disability.
31724. If the proof received, including any medical examination,
shows to the satisfaction of the board that the member is permanently
incapacitated physically or mentally for the performance of his
duties in the service, it shall retire him effective on the
expiration date of any leave of absence with compensation to which he
shall become entitled under the provisions of Division 4 (commencing
with Section 3201) of the Labor Code or effective on the occasion of
the member's consent to retirement prior to the expiration of such
leave of absence with compensation. His disability retirement
allowance shall be effective as of the date such application is filed
with the board, but not earlier than the day following the last day
for which he received regular compensation. Notwithstanding any other
provision of this article, the retirement of a member who has been
granted or is entitled to sick leave shall not become effective until
the expiration of such sick leave with compensation unless the
member consents to his retirement at an earlier date.
When it has been demonstrated to the satisfaction of the board
that the filing of the member's application was delayed by
administrative oversight or by inability to ascertain the permanency
of the member's incapacity until after the date following the day for
which the member last received regular compensation, such date will
be deemed to be the date the application was filed.
31725. Permanent incapacity for the performance of duty shall in
all cases be determined by the board.
If the medical examination and other available information do not
show to the satisfaction of the board that the member is
incapacitated physically or mentally for the performance of his
duties in the service and the member's application is denied on this
ground the board shall give notice of such denial to the employer.
The employer may obtain judicial review of such action of the board
by filing a petition for a writ of mandate in accordance with the
Code of Civil Procedure or by joining or intervening in such action
filed by the member within 30 days of the mailing of such notice. If
such petition is not filed or the court enters judgment denying the
writ, whether on the petition of the employer or the member, and the
employer has dismissed the member for disability the employer shall
reinstate the member to his employment effective as of the day
following the effective date of the dismissal.
31725.5. If the board finds, on medical advice, that a member in
county employment, although incapacitated for the performance of his
duties, is capable of performing other duties in the service of the
county, the member shall not be entitled to a disability retirement
allowance if any competent authority in accordance with any
applicable civil service or merit system procedures offers and he
accepts a transfer, reassignment, or other change to a position with
duties within his capacity to perform with his disability. If this
new position returns to the member compensation less than that of the
position from which he was disabled, the board, in lieu of a
disability retirement allowance, shall pay him the difference in such
compensation until the compensation of the new position equals or
exceeds the compensation (including later changes) of the former
position, but such amount shall not exceed the amount to which he
would otherwise be entitled as a disability retirement allowance.
Such payments in lieu of disability retirement allowance shall be
considered as a charge against county advance reserve for current
service.
If a new position cannot be arranged at the time of eligibility
for disability retirement allowance, such disability retirement
allowance to which the member is entitled under this article shall be
paid until such time as a new position is available and accepted.
If a disability retirement allowance is paid and the member later
accepts such a new position, the period while on disability
retirement shall not be considered as breaking the continuity of
service and his rate of contributions shall be based on the same age
as it was at the date of disability. The member's accumulated
contributions shall be the same as at the date his disability
retirement began less the amount charged to his accumulated normal
contributions.
Nothing in this section shall be construed to require a member to
accept reassignment or transfer in lieu of a disability retirement
allowance.
The provisions of this section become effective in any county only
when the board of supervisors adopts an ordinance providing for
their implementation by the board of retirement which may include
application to persons retired for disability before such effective
date.
The provisions of this section shall only apply to members
eligible to retire for nonservice-connected disability.
31725.6. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member is capable of performing other duties. If
the board determines that a member, although incapacitated for the
performance of the member's duties, is capable of performing other
duties, the board shall inform the appropriate agency in county
service of its findings and request that the agency immediately
initiate a suitable rehabilitation program for the member pursuant to
Section 139.5 of the Labor Code, whereby the member could become
qualified for assignment to a position in county service consistent
with the rehabilitation program.
(b) When the appropriate agency in county service receives such a
request from the board, the agency shall immediately refer the member
to a qualified rehabilitation representative for vocational
evaluation. During the course of the evaluation, the rehabilitation
representative shall consult with the appropriate agency in county
service to determine what position, if any, in county service would
be compatible with the member's aptitudes, interests, and abilities
and whether rehabilitation services will enable the member to become
qualified to perform the duties of the position.
(c) Upon completion of the vocational evaluation of the member,
the rehabilitation representative shall develop a suitable
rehabilitation plan and submit the plan for concurrence by the member
and the appropriate agency in county service and, thereafter, the
agency shall forward the plan to the Division of Industrial Accidents
for approval pursuant to Section 139.5 of the Labor Code.
(d) Upon receipt of approval of the rehabilitation plan, the
appropriate agency in county service shall notify the board that the
agency is either proceeding to implement an approved rehabilitation
plan that will qualify the member for a position in county service
specified in the plan or is unable to provide a position in county
service compatible with the approved rehabilitation plan.
(e) Upon commencement of service by the member in the position
specified in the approved rehabilitation plan, the member shall not
be paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved rehabilitation plan is less than
the compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved rehabilitation plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
rehabilitation plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(f) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
rehabilitation plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
rehabilitation plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system as the member's rates were based on prior
to the date of the member's disability. The member's accumulated
contributions shall not be reduced as a result of the member
receiving the disability retirement payments, but shall be increased
by the amount of interest that would have accrued had the member not
been retired.
(g) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved rehabilitation plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(h) If, within one year from the date that the member has been
eligible for a disability retirement allowance, the appropriate
agency in county service has offered to the member, in writing, the
position specified in the rehabilitation plan which had previously
been concurred, in writing, by the member and approved by the
Division of Industrial Accidents pursuant to Section 139.5 of the
Labor Code, the member shall, within 30 days of receipt of the
notice, report for duty at the location specified in the notice. If
the member refuses to report for duty within the time specified, the
appropriate agency in county service may apply to the board to have
the member's allowance discontinued. The board shall be authorized to
discontinue the member's disability retirement allowance if based
upon substantial evidence of the refusal of the member to report to
work without reasonable cause. However, the board shall not be
authorized to impair any other of the rights or retirement benefits
to which the member would otherwise be entitled.
(i) This section shall apply only to members who were
incapacitated for the performance of the member's duties prior to
January 1, 2004, and who are eligible to retire for service-connected
disability.
31725.65. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member may be capable of performing other duties.
If the board determines that a member, although incapacitated for
the performance of the member's duties, is capable of performing
other duties, the board shall notify the appropriate agency in county
service of its findings.
(b) When the appropriate agency in county service receives that
notification from the board, the agency shall immediately inform the
member of any vacant county positions that may be suitable for the
member, consistent with his or her disability, and shall consult with
the member in an effort to develop a reemployment plan that shall
identify what position, if any, in county service would be compatible
with the member's aptitudes, interests, and abilities.
(c) Upon approval by the member of the reemployment plan, the
appropriate agency in county service shall notify the board that the
agency is proceeding to implement the approved reemployment plan.
(d) Upon commencement of service by the member in the position
specified in the approved reemployment plan, the member shall not be
paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved reemployment plan is less than the
compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved reemployment plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
reemployment plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(e) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
reemployment plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
reemployment plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system on which the member's rates were based
prior to the date of the member's disability. The member's
accumulated contributions shall not be reduced as a result of the
member receiving the disability retirement payments, but shall be
increased by the amount of interest that would have accrued had the
member not been retired.
(f) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved reemployment plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(g) This section shall apply only to members who are incapacitated
for the performance of the member's duties on or after January 1,
2004, and who are eligible to retire for service-connected
disability.
31725.7. (a) At any time after filing an application for disability
retirement with the board, the member may, if eligible, apply for,
and the board in its discretion may grant, a service retirement
allowance pending the determination of his or her entitlement to
disability retirement. If he or she is found to be eligible for
disability retirement, appropriate adjustments shall be made in his
or her retirement allowance retroactive to the effective date of his
or her disability retirement as provided in Section 31724.
(b) This section shall not be construed to authorize a member to
receive more than one type of retirement allowance for the same
period of time nor to entitle any beneficiary to receive benefits
which the beneficiary would not otherwise have been entitled to
receive under the type of retirement which the member is finally
determined to have been entitled. In the event a member retired for
service is found not to be entitled to disability retirement he or
she shall not be entitled to return to his or her job as provided in
Section 31725.
(c) If the retired member should die before a final determination
is made concerning entitlement to disability retirement, the rights
of the beneficiary shall be as selected by the member at the time of
retirement for service. The optional or unmodified type of allowance
selected by the member at the time of retirement for service shall
also be binding as to the type of allowance the member receives if
the member is awarded a disability retirement.
(d) Notwithstanding subdivision (c), if the retired member should
die before a final determination is made concerning entitlement to
disability retirement, the rights of the beneficiary may be as
selected by the member at the time of retirement for service, or as
if the member had selected an unmodified allowance. The optional or
unmodified type of allowance selected by the member at the time of
retirement for service shall not be binding as to the type of
allowance the member receives if the member is awarded a disability
retirement. A change to the optional or unmodified type of allowance
shall be made only at the time a member is awarded a disability
retirement and the change shall be retroactive to the service
retirement date and benefits previously paid shall be adjusted. If a
change to the optional or unmodified type of allowance is not made,
the benefit shall be adjusted to reflect the differences in
retirement benefits previously received. This paragraph shall only
apply to members who retire on or after January 1, 1999.
31725.8. If any applicant for service-connected disability
retirement is found by the board to be permanently physically or
mentally incapacitated for the performance of his duties but not
because of injury or disease arising out of and in the course of his
employment, he may apply for, and the board in its discretion may
grant, a non-service-connected disability retirement allowance while
he is pursuing any rehearing before the board or judicial review
concerning his right to service-connected disability retirement. If
his disability is finally determined to have been service-connected,
appropriate adjustments shall be made in his retirement allowance
retroactive to the effective date of his disability retirement.
If any member dies after electing to receive non-service-connected
disability retirement and before the question of his entitlement to
service-connected disability retirement is finally resolved, the
rights of his beneficiary shall be those selected by the member at
the time he elected to receive non-service-connected disability
retirement.
31726. Upon retirement for non-service-connected disability a
member who has attained age 65 shall receive his or her service
retirement allowance.
Every member under age 65 who is retired for non-service-connected
disability and who is not simultaneously retired as a member on
deferred retirement of the State Employees' Retirement System or a
retirement system established under this chapter in another county
shall receive a disability retirement allowance which shall be the
greater of the following:
(a) The sum to which he or she would be entitled as service
retirement.
(b) A sum which shall consist of any of the following:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district. This paragraph
shall only apply to a person who becomes a member of the system on or
after January 1, 1988.
31726.5. Upon retirement for nonservice-connected disability a
safety member who has attained age 55 shall receive his or her
service retirement allowance. Every safety member under age 55 who is
retired for nonservice-connected disability and who is not
simultaneously retired as a member on deferred retirement of the
Public Employees' Retirement System or a retirement system
established under this chapter in another county shall receive a
disability retirement allowance which shall be the greater of:
(a) The sum to which he or she would be entitled to as service
retirement; or
(b) A sum which shall consist of:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district.
Paragraph (3) shall only apply to a person who becomes a member of
the association on or after January 1, 1988.
31727. The non-service-connected disability retirement pension
shall be such an amount as with that portion of his annuity provided
by his accumulated normal contributions will make his disability
retirement allowance, exclusive of the annuity provided by his
accumulated additional contributions, equal:
(a) Ninety percent of one-sixtieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-sixtieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.01. Notwithstanding Sections 31727 and 31727.4, if the member
is eligible to retire without relying upon service in another
retirement system, the disability retirement pension of a member
covered under Section 31751 shall be such an amount as with that
portion of the member's annuity provided by the member's accumulated
normal contributions will make the member's disability retirement
allowance, exclusive of the annuity provided by the member's
accumulated additional contributions, equal 40 percent of the member'
s final compensation as defined in Section 31462.
In addition to the above disability allowance, 10 percent of the
member's final compensation shall be paid on behalf of each of the
member's children up to a maximum of three children.
As used in this section, "child" means a member's child who is
dependent upon such member at the time of the member's disability and
while such child is unmarried and:
(a) Under 18 years of age, or
(b) Whether under or over 18 years of age, totally disabled and
such disability occurred prior to such child attaining the age of 18
years, or
(c) Eighteen years of age or over, but has not attained the age of
22 years, and is enrolled as a full-time student in an accredited
school, as determined by the board.
If the member is required to rely upon service in another
retirement system to be eligible to retire, the above disability
retirement pension and children's allowance shall be multiplied by
one-tenth times the years of service.
Disability benefits shall be offset by the amounts of disability
payments from other plans of the county and other governmental plans,
except workers' compensation and federal social security payments.
31727.1. In counties adopting Section 31676.12, a member upon
retirement for non-service-connected disability, who has attained age
62, shall receive his service retirement allowance.
The non-service-connected disability retirement pension for a
member under age 62 shall be such an amount as with that portion of a
member's annuity provided by his accumulated normal contributions
will make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 62, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
The amendments to this section during the 1975-76 Regular Session
of the Legislature shall not apply in any county until adopted by
majority vote of the county supervisors of that county.
31727.2. The non-service-connected disability retirement pension
for a safety member shall be such an amount as with that portion of
his annuity provided by his accumulated normal contributions, will
make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-fiftieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 55, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.3. In counties adopting Section 31676.15, the
non-service-connected disability retirement pension shall be such an
amount as with that portion of a member's annuity provided by his
accumulated normal contributions will make his disability retirement
allowance, exclusive of the annuity provided by his accumulated
additional contributions, equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire, or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.4. Upon retirement of any member for service-connected
disability, he shall receive an annual retirement allowance payable
in monthly installments, equal to one-half of his final compensation.
Notwithstanding any other provisions of this chapter, any member
upon retirement for service-connected disability shall receive a
current service pension or a current service pension combined with a
prior service pension purchased by the contributions of the county or
district sufficient which when added to the service retirement
annuity will equal one-half of his final compensation, or, if
qualified for a service retirement, he shall receive his service
retirement allowance if such allowance is greater but in no event
shall it exceed the limitation as set forth in Section 31676.1 as it
now reads or may hereafter be amended to read. The provisions of this
section shall also apply to any employee who becomes disabled for
service-connected causes prior to the first day of the calendar month
when he would normally become a member.
31727.5. The board of supervisors in any county, by a majority
vote, may enact an ordinance providing that the maximum annual
allowance payable to a member pursuant to Section 31727.4 who is
totally disabled shall be increased to 60, 70, 80, or 90 percent of
the member's final compensation, as determined by the board, on the
operative date of such ordinance.
For purposes of this section, "totally disabled" means inability
to perform substantial employment and the presumptions contained in
Section 4662 of the Labor Code shall also be applied to the
determination of total disability.
31727.6. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system who was retired for service-connected disability prior to
September 11, 1957, shall be calculated pursuant to the provisions
of Section 31727.4.
31727.7. Upon retirement for nonservice-connected disability, in
lieu of any other allowance, a member who has five years or more
credited service shall receive a disability allowance equal to the
percentage of final compensation set forth opposite the member's
number of years of credited service in the following table:
Percentage of
Years of credited service: final compensation:
Five years, but less than 20.0
six years..................
Six years, but less than 22.0
seven years................
Seven years, but less than 24.0
eight years................
Eight years, but less than 26.0
nine years.................
Nine years, but less than 28.0
ten years..................
Ten years, but less than 30.0
eleven years...............
Eleven years, but less 32.0
than twelve years..........
Twelve years, but less 34.0
than thirteen years........
Thirteen years, but less 36.0
than fourteen years........
Fourteen years, but less 38.0
than fifteen years.........
Fifteen or more years...... 40.0
This section shall only apply to the following persons:
(a) Persons who become members of the retirement system after the
operative date of this section in the county.
(b) Those persons who were members prior to such operative date
who, pursuant to a memorandum of understanding with their bargaining
unit, elect to be subject to this section on or after such operative
date.
(c) Management and confidential employees and employees not a part
of a bargaining unit who were members prior to such operative date
and elect to be subject to this section on or after such operative
date. The board of supervisors shall prescribe the time period and
conditions governing the election.
This section shall not be operative in any county until such time
as the board of supervisors by majority vote makes the provisions of
this section applicable in such county.
31728. If, in the opinion of the board, the disability is due to
intemperate use of alcoholic liquor or drugs, wilful misconduct, or
violation of law on the part of the member, and his annuity is less
than two hundred forty dollars ($240) a year, the board may pay the
member his accumulated contributions in one lump sum in lieu of his
annuity.
31728.1. Notwithstanding Section 31728, if, in the opinion of the
board, the disability is due to willful misconduct or violation of
law on the part of the member covered under Section 31751, and the
member's annuity is less than two hundred forty dollars ($240) a
year, the board may pay the member's accumulated contributions in one
lump sum in lieu of the member's annuity.
31728.2. Notwithstanding Sections 31728 and 31728.1, if, in the
opinion of the board, the disability is due to or results from the
conviction of the member of a felony under state or federal law or if
the board determines that the criminal activity caused or resulted
in the member's disability, the board may pay the member a lump-sum
which is equal to the sum of his or her accumulated contributions in
lieu of the benefits to which the member would otherwise be entitled
as set forth in this article and provided that nothing in this
section shall be construed to divest a member of any vested right to
a service retirement allowance.
This section shall apply only to a person who becomes a member of
the system on or after January 1, 1988.
31729. The board may require any disability beneficiary under age
55 to undergo medical examination. The examination shall be made by a
physician or surgeon appointed by the board at the place of
residence of the beneficiary or other place mutually agreed upon.
Upon the basis of the examination the board shall determine whether
the disability beneficiary is still physically or mentally
incapacitated for service in the office or department of the county
or district where he was employed and in the position held by him
when retired for disability.
31730. If the board determines that the beneficiary is not
incapacitated, and his or her employer offers to reinstate that
beneficiary, his or her retirement allowance shall be canceled
forthwith, and he or she shall be reinstated in the county service
pursuant to the regulations of the county or district for
reemployment of personnel.
31731. If any disability beneficiary under age 55 refuses to submit
to medical examination, his pension shall be discontinued until his
withdrawal of such refusal, and if his refusal continues for one
year, his retirement allowance shall be canceled.
31732. The board shall secure such medical, investigatory and other
service and advice as is necessary to carry out the purpose of this
article. Notwithstanding Section 31529, the board may contract with
an attorney in private practice for the legal services and advice
necessary to carry out the purpose of this article. It shall pay for
such services and advice such compensation as it deems reasonable.
31733. If a disability beneficiary is determined by the board to be
no longer incapacitated and re-enters the service of a public agency
covered by the retirement system under which he retired, his
disability retirement allowance shall cease immediately upon such
re-entry. If such disability beneficiary again becomes a member of
the retirement system, his rate of contribution for future years is
that established for his age at the time of his re-entry into the
system. His individual account shall be credited with an amount which
is the actuarial equivalent of his annuity at that time, as based
upon the mortality table adopted by the board of supervisors for
disabled lives, less any amount that has been refunded to him under
Section 31737. The amount shall not exceed the amount of his
accumulated contributions at the time of his retirement for
disability. He shall also receive credit for his service as it
existed at the time of his disability retirement.
31737. If the retirement allowance of any disability beneficiary is
canceled for any cause other than under Section 31733, he shall be
paid his accumulated contributions, less the annuity payments made to
him.
31738. Each payment of a retirement allowance, after the effective
date of this section, to a beneficiary who retired prior to September
20, 1947, shall be calculated according to the provisions of this
chapter as they existed on September 20, 1947.
31739. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system or of a superseded system, who was retired for disability
prior to January 1, 1948, is hereby increased by twenty-five dollars
($25) per month if the retired member is entitled to be credited
with 20 years or more of service, or, if the retired member is
entitled to be credited with less than 20 years of service, by an
amount which bears the same ratio to twenty-five dollars ($25) as the
member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.2. Every retirement allowance for time commencing on the
effective date of this section to or on account of any member of this
system or of a superseded system, who was retired for disability on
or after January 1, 1948, but prior to February 1, 1955, or such
other date prior to February 1, 1955, as the board of supervisors in
any county shall specify by resolution, is hereby increased by
twenty-five dollars ($25) per month if the retired member is entitled
to be credited with 20 years or more of service, or, if the retired
member is entitled to be credited with less than 20 years of service,
by an amount which bears the same ratio to twenty-five dollars ($25)
as the member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.3. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system, or of a superseded system, who has been retired for
disability, is increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1956......................
12 months ended June 30, 8%
1957......................
12 months ended June 30, 6%
1958......................
12 months ended June 30, 4%
1959......................
12 months ended June 30, 2%
1960......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month nor less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall by ordinance adopted by majority
vote make the provisions of this section applicable in such county,
providing further that an actuarial survey of the system has been
made by the adopting county's system prior to the passage of said
ordinance.
31739.31. Every retirement allowance, optional death allowance, or
annual death allowance (including an allowance payable to a survivor
of a member) payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1962......................
12 months ended June 30, 8%
1963......................
12 months ended June 30, 6%
1964......................
12 months ended June 30, 4%
1965......................
12 months ended June 30, 2%
1966......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month or less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.32. Every retirement allowance, optional death allowance, or
annual death allowance, including an allowance payable to a survivor
of a member, payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of
Period during which increase in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1967......................
12 months ended June 30, 8%
1968......................
12 months ended June 30, 6%
1969......................
12 months ended June 30, 4%
1970......................
12 months ended June 30, 2%
1971......................
In no event shall any allowance be increased by an amount greater
than seventy-five dollars ($75) a month or less than twenty-five
dollars ($25) a month. A member with credit for 10 or more years of
service in the system shall receive not less than twenty-five dollars
($25) a month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.33. (a) Except as provided in subdivision (b), a retirement
allowance, optional death allowance, or annual death allowance,
including an allowance payable to a survivor of a member, payable to
or on account of any member of this system or of a superseded system
who has been or was retired for disability which did not on July 1,
1976, exceed five hundred dollars ($500) per month is hereby
increased as follows:
Number of years of Percentage of increase
county or district in monthly retirement
service allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a).
This section shall not be operative in a county until such time as
the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in that county.
31739.34. (a) Except as provided in subdivision (b) of this
section, a retirement allowance, optional death allowance or annual
death allowance, including an allowance payable to a survivor of a
member, payable to or on account of any member of this system, or of
a superseded system, who retired for disability on or before December
31, 1971, is hereby increased as follows:
Number of Years of Percentage of Increase in
County or District Monthly Retirement
Service Allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
10-15 years............ 4%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a) of this section.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.4. Every retirement allowance payable during the time this
section is operative in any county to, or on account of any member of
this system or of a superseded system, who has been retired for
disability shall be increased by an amount equal to the product one
dollar ($1) times years of service, not to exceed 20 years, times the
number in the following table:
Period during which retirement
became effective Multiply by
On or prior to June 30, 1957. 2
12 months ended June 30, 1.5
1958.........................
12 months ended June 30, 1
1959.........................
12 months ended June 30, 0.5
1960.........................
This section shall not be operative in any county except as
follows: The board of supervisors of a county at any time and from
time to time may find that economic conditions are such as to require
either that this entire section, or this section as applied to one
or more categories of members in the above table be applicable in
such county. The board of supervisors of such county from time to
time may either rescind or modify such finding and either find that
economic conditions do not require that this section be applicable at
all in such county or be applicable to a greater, lesser, or
different extent than previously found. This section or this section
as applied to one or more categories of members in the above table,
as the case may be, shall be applicable in such county when and only
during the time when such finding is in effect. The giving of
additional retirement benefits pursuant to this section shall create
no additional contractual rights and shall not preclude the
withdrawal of such benefits either by action of the board of
supervisors or of the Legislature.
31739.5. The provision in Section 31681.8, when adopted or
readopted, shall apply to members of this system or a superseded
system who retired for disability, except that payments to a member
of this system or a superseded system who retired for
service-connected disability or to the surviving beneficiary of such
member shall be computed on the basis that the member's service had
continued to age 60, if a safety member, or age 70, if any other
category of member, provided, that this additional service credit
shall not exceed 30 years.
31740. In any county which has implemented the provisions of
Article 15.6 (commencing with Section 31855), any member who is
thereafter retired for disability shall receive a supplemental
disability retirement allowance in the sum of three hundred dollars
($300) per month in addition to any other benefits due under this
chapter, provided the member's disability is such that the member is
incapable of gainful employment. The board may adopt regulations,
including a requirement for periodic declarations of nonemployment,
to administer this supplemental allowance.
31751. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may make
this section, Tier Two, applicable to officers and employees of the
county, by adopting a resolution specifying the future operative date
of its application.
(2) After the board of supervisors has adopted that resolution,
the governing body of a district may make this section applicable as
Tier Two to its officers and employees on and after the future
operative date it specifies.
(b) Except as otherwise provided in this section, Tier Two shall
cover all officers and employees who become members or return to
membership in the county on or after April 4, 1980, and in a district
on or after the date of its applicability thereto.
(c) (1) This section may not cover any employee who is in, or
eligible for, safety membership under this chapter.
(2) This section may not cover any person who is a member of the
retirement system in the county or district on the operative date of
its application thereto unless and until the person voluntarily in
writing irrevocably requests coverage.
(3) This section may not cover any member who does not request
coverage, is then laid off, and later returns to membership.
(4) This section may not cover any member who does not request
coverage, then becomes a deferred member, and later returns to active
membership.
(5) This section may not cover any person referred to in
subparagraph (C) of paragraph (2) of subdivision (d) who does not
request coverage.
(d) (1) The board of supervisors shall adopt regulations allowing
individual county and district employees to irrevocably request
coverage under Tier Two.
(2) The regulations shall specify the period during which each
person may request coverage.
(A) For persons who are employees on the applicability date of
this section, Tier Two, to the county or district, this period may
not exceed one year after that date.
(B) For persons not subject to subparagraph (A), who before the
Tier Two applicability date chose deferred retirement under Article 9
(commencing with Section 31700) from the county's Tier One
retirement system, and who thereafter while still in deferred status
returned to active membership, this period may not exceed 90 d
31720. Any member permanently incapacitated for the performance of
duty shall be retired for disability regardless of age if, and only
if:
(a) The member's incapacity is a result of injury or disease
arising out of and in the course of the member's employment, and such
employment contributes substantially to such incapacity, or
(b) The member has completed five years of service, and
(c) The member has not waived retirement in respect to the
particular incapacity or aggravation thereof as provided by Section
31009.
The amendments to this section enacted during the 1979-80 Regular
Session of the Legislature shall be applicable to all applicants for
disability retirement on or after the effective date of such
amendments.
31720.1. Notwithstanding Section 31720, any member covered under
Section 31751 who is permanently incapacitated shall be retired for
disability regardless of age if, and only if:
(a) The member's incapacity is substantially caused by injury or
disease arising out of and in the course of the member's employment,
or
(b) The member has completed a total of 10 years of service.
"Permanently incapacitated," for the purpose of this section,
means that the member is unable permanently to engage in any
substantial gainful employment.
31720.3. In determining whether a member is eligible to retire for
disability, the board shall not consider medical opinion unless it is
deemed competent and shall not use disability retirement as a
substitute for the employer's disciplinary process.
31720.4. (a) Notwithstanding subdivision (b) of Section 31720, a
member who becomes permanently incapacitated for the performance of
duty with his or her employing county or district as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
the county or district, shall be retired for nonservice-connected
disability regardless of age or years of service.
(b) Notwithstanding any provision to the contrary in Section
31781.3, the surviving spouse of a member who dies as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
his or her employing county or district, shall be entitled to the
combined benefit under Section 31781.3 regardless of the member's
years of service at the time of death.
(c) For the purposes of this section:
(1) "Active military service" means full-time duty within a branch
of the Armed Forces of the United States.
(2) "Military leave" means an authorized leave of absence taken
from a member's employing county or district as a result of a member
being called to active military service because of his or her
position as a reservist or member of the National Guard.
(d) This section shall apply only to the County of Los Angeles and
shall not be operative with regard to the county, or a district
within the county, until the board of supervisors of the county, or
the governing body of the district, elects, by resolution adopted by
a majority vote, to make this section operative. The adoption of a
resolution making this section operative shall not create a vested
right with respect to any member prior to the member's retirement or
death. The board of supervisors or the governing body of the district
may repeal or amend the resolution at any time, except to the extent
that it would affect a member who is retired or is deceased at the
time of the repeal or amendment.
31720.5. If a safety member, a fireman member, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the State Employees' Retirement
System or under a retirement system established under this chapter
in another county, and develops heart trouble, such heart trouble so
developing or manifesting itself in such cases shall be presumed to
arise out of and in the course of employment. Such heart trouble so
developing or manifesting itself in such cases shall in no case be
attributed to any disease existing prior to such development or
manifestation.
As used in this section, "fireman member" includes a member
engaged in active fire suppression who is not classified as a safety
member.
As used in this section, "member in active law enforcement"
includes a member engaged in active law enforcement who is not
classified as a safety member.
31720.6. (a) If a safety member, a firefighter, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment. The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
(b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any safety member, firefighter member, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
cancer shall receive a service-connected disability retirement if the
member demonstrates that he or she was exposed to a known carcinogen
as a result of performance of job duties.
"Known carcinogen" for purposes of this section means those
carcinogenic agents recognized by the International Agency for
Research on Cancer, or the Director of the Department of Industrial
Relations.
(c) The presumption is disputable and may be controverted by
evidence, that the carcinogen to which the member has demonstrated
exposure is not reasonably linked to the disabling cancer, provided
that the primary site of the cancer has been established. Unless so
controverted, the board is bound to find in accordance with the
presumption. This presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually worked in
the specified capacity.
(d) "Firefighter," for purposes of this section, includes a member
engaged in active fire suppression who is not classified as a safety
member.
(e) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.
31720.7. (a) If a safety member, a firefighter, a county probation
officer, or a member in active law enforcement develops a blood-borne
infectious disease or a methicillin-resistant Staphylococcus aureus
skin infection, the disease or skin infection so developing or
manifesting itself in those cases shall be presumed to arise out of,
and in the course of, employment. The blood-borne infectious disease
or methicillin-resistant Staphylococcus aureus skin infection so
developing or manifesting itself in those cases shall in no case be
attributed to any disease or skin infection existing prior to that
development or manifestation.
(b) Any safety member, firefighter, county probation officer, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
a blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection shall receive a
service-connected disability retirement.
(c) (1) The presumption described in subdivision (a) is rebuttable
by other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.
(2) The blood-borne infectious disease presumption shall be
extended to a member following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
(3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a member following termination of service for a period of 90 days
commencing with the last day actually worked in the specified
capacity.
(d) "Blood-borne infectious disease," for purposes of this
section, means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of
Industrial Relations.
(e) "Member in active law enforcement," for purposes of this
section, means members employed by a sheriff's office, by a police or
fire department of a city, county, city and county, district, or by
another public or municipal corporation or political subdivision or
who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county
forestry or firefighting department or unit, except any of those
members whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
31720.9. (a) If a peace officer member, as defined in Sections
830.1 to 830.5, inclusive, of the Penal Code, or firefighter member,
with service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system
established pursuant to Chapter 5 (commencing with Section 32200), or
both, or under this retirement system, under the Public Employees'
Retirement System, or under a retirement system established under
this chapter in another county, becomes ill or dies due to exposure
to a biochemical substance, the illness that develops or manifests
itself in those cases shall be presumed to arise out of, and in the
course of, employment. The illness that develops or manifests itself
in those cases shall in no case be attributed to any illness existing
prior to that development or manifestation.
(b) Any peace officer member or firefighter member, as described
in subdivision (a), who becomes permanently incapacitated as a result
of exposure to a biochemical substance shall receive a
service-connected disability retirement.
(c) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless rebutted, the board is bound to find in
accordance with the presumption. This presumption shall be extended
to a member following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
(d) For purposes of this section, a peace officer member or
firefighter member, as described in subdivision (a), does not include
a member whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers.
(e) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
31721. (a) A member may be retired for disability upon the
application of the member, the head of the office or department in
which he is or was last employed, the board or its agents, or any
other person on his behalf, except that an employer may not separate
because of disability a member otherwise eligible to retire for
disability but shall apply for disability retirement of any eligible
member believed to be disabled, unless the member waives the right to
retire for disability and elects to withdraw contributions or to
permit contributions to remain in the fund with rights to service
retirement as provided in Article 9 (commencing with Section 31700).
(b) When a member appeals from a separation for disability,
disputing the employer's assertion or assumption that he is not
eligible for disability retirement, the official, entity other than
the board, or court to whom appealed shall transfer the proceedings
to the board for determination of the eligibility and of disability
if so eligible.
The appointing authority shall have the burden of proving
disability. Thereafter, the appellant shall have the burden of
proving job causation.
This subdivision shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions applicable in that county.
31722. The application shall be made while the member is in
service, within four months after his or her discontinuance of
service, within four months after the expiration of any period during
which a presumption is extended beyond his or her discontinuance of
service, or while, from the date of discontinuance of service to the
time of the application, he or she is continuously physically or
mentally incapacitated to perform his or her duties.
31723. The board may require such proof, including a medical
examination at the expense of the member, as it deems necessary or
the board upon its own motion may order a medical examination to
determine the existence of the disability.
31724. If the proof received, including any medical examination,
shows to the satisfaction of the board that the member is permanently
incapacitated physically or mentally for the performance of his
duties in the service, it shall retire him effective on the
expiration date of any leave of absence with compensation to which he
shall become entitled under the provisions of Division 4 (commencing
with Section 3201) of the Labor Code or effective on the occasion of
the member's consent to retirement prior to the expiration of such
leave of absence with compensation. His disability retirement
allowance shall be effective as of the date such application is filed
with the board, but not earlier than the day following the last day
for which he received regular compensation. Notwithstanding any other
provision of this article, the retirement of a member who has been
granted or is entitled to sick leave shall not become effective until
the expiration of such sick leave with compensation unless the
member consents to his retirement at an earlier date.
When it has been demonstrated to the satisfaction of the board
that the filing of the member's application was delayed by
administrative oversight or by inability to ascertain the permanency
of the member's incapacity until after the date following the day for
which the member last received regular compensation, such date will
be deemed to be the date the application was filed.
31725. Permanent incapacity for the performance of duty shall in
all cases be determined by the board.
If the medical examination and other available information do not
show to the satisfaction of the board that the member is
incapacitated physically or mentally for the performance of his
duties in the service and the member's application is denied on this
ground the board shall give notice of such denial to the employer.
The employer may obtain judicial review of such action of the board
by filing a petition for a writ of mandate in accordance with the
Code of Civil Procedure or by joining or intervening in such action
filed by the member within 30 days of the mailing of such notice. If
such petition is not filed or the court enters judgment denying the
writ, whether on the petition of the employer or the member, and the
employer has dismissed the member for disability the employer shall
reinstate the member to his employment effective as of the day
following the effective date of the dismissal.
31725.5. If the board finds, on medical advice, that a member in
county employment, although incapacitated for the performance of his
duties, is capable of performing other duties in the service of the
county, the member shall not be entitled to a disability retirement
allowance if any competent authority in accordance with any
applicable civil service or merit system procedures offers and he
accepts a transfer, reassignment, or other change to a position with
duties within his capacity to perform with his disability. If this
new position returns to the member compensation less than that of the
position from which he was disabled, the board, in lieu of a
disability retirement allowance, shall pay him the difference in such
compensation until the compensation of the new position equals or
exceeds the compensation (including later changes) of the former
position, but such amount shall not exceed the amount to which he
would otherwise be entitled as a disability retirement allowance.
Such payments in lieu of disability retirement allowance shall be
considered as a charge against county advance reserve for current
service.
If a new position cannot be arranged at the time of eligibility
for disability retirement allowance, such disability retirement
allowance to which the member is entitled under this article shall be
paid until such time as a new position is available and accepted.
If a disability retirement allowance is paid and the member later
accepts such a new position, the period while on disability
retirement shall not be considered as breaking the continuity of
service and his rate of contributions shall be based on the same age
as it was at the date of disability. The member's accumulated
contributions shall be the same as at the date his disability
retirement began less the amount charged to his accumulated normal
contributions.
Nothing in this section shall be construed to require a member to
accept reassignment or transfer in lieu of a disability retirement
allowance.
The provisions of this section become effective in any county only
when the board of supervisors adopts an ordinance providing for
their implementation by the board of retirement which may include
application to persons retired for disability before such effective
date.
The provisions of this section shall only apply to members
eligible to retire for nonservice-connected disability.
31725.6. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member is capable of performing other duties. If
the board determines that a member, although incapacitated for the
performance of the member's duties, is capable of performing other
duties, the board shall inform the appropriate agency in county
service of its findings and request that the agency immediately
initiate a suitable rehabilitation program for the member pursuant to
Section 139.5 of the Labor Code, whereby the member could become
qualified for assignment to a position in county service consistent
with the rehabilitation program.
(b) When the appropriate agency in county service receives such a
request from the board, the agency shall immediately refer the member
to a qualified rehabilitation representative for vocational
evaluation. During the course of the evaluation, the rehabilitation
representative shall consult with the appropriate agency in county
service to determine what position, if any, in county service would
be compatible with the member's aptitudes, interests, and abilities
and whether rehabilitation services will enable the member to become
qualified to perform the duties of the position.
(c) Upon completion of the vocational evaluation of the member,
the rehabilitation representative shall develop a suitable
rehabilitation plan and submit the plan for concurrence by the member
and the appropriate agency in county service and, thereafter, the
agency shall forward the plan to the Division of Industrial Accidents
for approval pursuant to Section 139.5 of the Labor Code.
(d) Upon receipt of approval of the rehabilitation plan, the
appropriate agency in county service shall notify the board that the
agency is either proceeding to implement an approved rehabilitation
plan that will qualify the member for a position in county service
specified in the plan or is unable to provide a position in county
service compatible with the approved rehabilitation plan.
(e) Upon commencement of service by the member in the position
specified in the approved rehabilitation plan, the member shall not
be paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved rehabilitation plan is less than
the compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved rehabilitation plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
rehabilitation plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(f) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
rehabilitation plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
rehabilitation plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system as the member's rates were based on prior
to the date of the member's disability. The member's accumulated
contributions shall not be reduced as a result of the member
receiving the disability retirement payments, but shall be increased
by the amount of interest that would have accrued had the member not
been retired.
(g) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved rehabilitation plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(h) If, within one year from the date that the member has been
eligible for a disability retirement allowance, the appropriate
agency in county service has offered to the member, in writing, the
position specified in the rehabilitation plan which had previously
been concurred, in writing, by the member and approved by the
Division of Industrial Accidents pursuant to Section 139.5 of the
Labor Code, the member shall, within 30 days of receipt of the
notice, report for duty at the location specified in the notice. If
the member refuses to report for duty within the time specified, the
appropriate agency in county service may apply to the board to have
the member's allowance discontinued. The board shall be authorized to
discontinue the member's disability retirement allowance if based
upon substantial evidence of the refusal of the member to report to
work without reasonable cause. However, the board shall not be
authorized to impair any other of the rights or retirement benefits
to which the member would otherwise be entitled.
(i) This section shall apply only to members who were
incapacitated for the performance of the member's duties prior to
January 1, 2004, and who are eligible to retire for service-connected
disability.
31725.65. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member may be capable of performing other duties.
If the board determines that a member, although incapacitated for
the performance of the member's duties, is capable of performing
other duties, the board shall notify the appropriate agency in county
service of its findings.
(b) When the appropriate agency in county service receives that
notification from the board, the agency shall immediately inform the
member of any vacant county positions that may be suitable for the
member, consistent with his or her disability, and shall consult with
the member in an effort to develop a reemployment plan that shall
identify what position, if any, in county service would be compatible
with the member's aptitudes, interests, and abilities.
(c) Upon approval by the member of the reemployment plan, the
appropriate agency in county service shall notify the board that the
agency is proceeding to implement the approved reemployment plan.
(d) Upon commencement of service by the member in the position
specified in the approved reemployment plan, the member shall not be
paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved reemployment plan is less than the
compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved reemployment plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
reemployment plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(e) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
reemployment plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
reemployment plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system on which the member's rates were based
prior to the date of the member's disability. The member's
accumulated contributions shall not be reduced as a result of the
member receiving the disability retirement payments, but shall be
increased by the amount of interest that would have accrued had the
member not been retired.
(f) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved reemployment plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(g) This section shall apply only to members who are incapacitated
for the performance of the member's duties on or after January 1,
2004, and who are eligible to retire for service-connected
disability.
31725.7. (a) At any time after filing an application for disability
retirement with the board, the member may, if eligible, apply for,
and the board in its discretion may grant, a service retirement
allowance pending the determination of his or her entitlement to
disability retirement. If he or she is found to be eligible for
disability retirement, appropriate adjustments shall be made in his
or her retirement allowance retroactive to the effective date of his
or her disability retirement as provided in Section 31724.
(b) This section shall not be construed to authorize a member to
receive more than one type of retirement allowance for the same
period of time nor to entitle any beneficiary to receive benefits
which the beneficiary would not otherwise have been entitled to
receive under the type of retirement which the member is finally
determined to have been entitled. In the event a member retired for
service is found not to be entitled to disability retirement he or
she shall not be entitled to return to his or her job as provided in
Section 31725.
(c) If the retired member should die before a final determination
is made concerning entitlement to disability retirement, the rights
of the beneficiary shall be as selected by the member at the time of
retirement for service. The optional or unmodified type of allowance
selected by the member at the time of retirement for service shall
also be binding as to the type of allowance the member receives if
the member is awarded a disability retirement.
(d) Notwithstanding subdivision (c), if the retired member should
die before a final determination is made concerning entitlement to
disability retirement, the rights of the beneficiary may be as
selected by the member at the time of retirement for service, or as
if the member had selected an unmodified allowance. The optional or
unmodified type of allowance selected by the member at the time of
retirement for service shall not be binding as to the type of
allowance the member receives if the member is awarded a disability
retirement. A change to the optional or unmodified type of allowance
shall be made only at the time a member is awarded a disability
retirement and the change shall be retroactive to the service
retirement date and benefits previously paid shall be adjusted. If a
change to the optional or unmodified type of allowance is not made,
the benefit shall be adjusted to reflect the differences in
retirement benefits previously received. This paragraph shall only
apply to members who retire on or after January 1, 1999.
31725.8. If any applicant for service-connected disability
retirement is found by the board to be permanently physically or
mentally incapacitated for the performance of his duties but not
because of injury or disease arising out of and in the course of his
employment, he may apply for, and the board in its discretion may
grant, a non-service-connected disability retirement allowance while
he is pursuing any rehearing before the board or judicial review
concerning his right to service-connected disability retirement. If
his disability is finally determined to have been service-connected,
appropriate adjustments shall be made in his retirement allowance
retroactive to the effective date of his disability retirement.
If any member dies after electing to receive non-service-connected
disability retirement and before the question of his entitlement to
service-connected disability retirement is finally resolved, the
rights of his beneficiary shall be those selected by the member at
the time he elected to receive non-service-connected disability
retirement.
31726. Upon retirement for non-service-connected disability a
member who has attained age 65 shall receive his or her service
retirement allowance.
Every member under age 65 who is retired for non-service-connected
disability and who is not simultaneously retired as a member on
deferred retirement of the State Employees' Retirement System or a
retirement system established under this chapter in another county
shall receive a disability retirement allowance which shall be the
greater of the following:
(a) The sum to which he or she would be entitled as service
retirement.
(b) A sum which shall consist of any of the following:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district. This paragraph
shall only apply to a person who becomes a member of the system on or
after January 1, 1988.
31726.5. Upon retirement for nonservice-connected disability a
safety member who has attained age 55 shall receive his or her
service retirement allowance. Every safety member under age 55 who is
retired for nonservice-connected disability and who is not
simultaneously retired as a member on deferred retirement of the
Public Employees' Retirement System or a retirement system
established under this chapter in another county shall receive a
disability retirement allowance which shall be the greater of:
(a) The sum to which he or she would be entitled to as service
retirement; or
(b) A sum which shall consist of:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district.
Paragraph (3) shall only apply to a person who becomes a member of
the association on or after January 1, 1988.
31727. The non-service-connected disability retirement pension
shall be such an amount as with that portion of his annuity provided
by his accumulated normal contributions will make his disability
retirement allowance, exclusive of the annuity provided by his
accumulated additional contributions, equal:
(a) Ninety percent of one-sixtieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-sixtieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.01. Notwithstanding Sections 31727 and 31727.4, if the member
is eligible to retire without relying upon service in another
retirement system, the disability retirement pension of a member
covered under Section 31751 shall be such an amount as with that
portion of the member's annuity provided by the member's accumulated
normal contributions will make the member's disability retirement
allowance, exclusive of the annuity provided by the member's
accumulated additional contributions, equal 40 percent of the member'
s final compensation as defined in Section 31462.
In addition to the above disability allowance, 10 percent of the
member's final compensation shall be paid on behalf of each of the
member's children up to a maximum of three children.
As used in this section, "child" means a member's child who is
dependent upon such member at the time of the member's disability and
while such child is unmarried and:
(a) Under 18 years of age, or
(b) Whether under or over 18 years of age, totally disabled and
such disability occurred prior to such child attaining the age of 18
years, or
(c) Eighteen years of age or over, but has not attained the age of
22 years, and is enrolled as a full-time student in an accredited
school, as determined by the board.
If the member is required to rely upon service in another
retirement system to be eligible to retire, the above disability
retirement pension and children's allowance shall be multiplied by
one-tenth times the years of service.
Disability benefits shall be offset by the amounts of disability
payments from other plans of the county and other governmental plans,
except workers' compensation and federal social security payments.
31727.1. In counties adopting Section 31676.12, a member upon
retirement for non-service-connected disability, who has attained age
62, shall receive his service retirement allowance.
The non-service-connected disability retirement pension for a
member under age 62 shall be such an amount as with that portion of a
member's annuity provided by his accumulated normal contributions
will make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 62, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
The amendments to this section during the 1975-76 Regular Session
of the Legislature shall not apply in any county until adopted by
majority vote of the county supervisors of that county.
31727.2. The non-service-connected disability retirement pension
for a safety member shall be such an amount as with that portion of
his annuity provided by his accumulated normal contributions, will
make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-fiftieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 55, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.3. In counties adopting Section 31676.15, the
non-service-connected disability retirement pension shall be such an
amount as with that portion of a member's annuity provided by his
accumulated normal contributions will make his disability retirement
allowance, exclusive of the annuity provided by his accumulated
additional contributions, equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire, or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.4. Upon retirement of any member for service-connected
disability, he shall receive an annual retirement allowance payable
in monthly installments, equal to one-half of his final compensation.
Notwithstanding any other provisions of this chapter, any member
upon retirement for service-connected disability shall receive a
current service pension or a current service pension combined with a
prior service pension purchased by the contributions of the county or
district sufficient which when added to the service retirement
annuity will equal one-half of his final compensation, or, if
qualified for a service retirement, he shall receive his service
retirement allowance if such allowance is greater but in no event
shall it exceed the limitation as set forth in Section 31676.1 as it
now reads or may hereafter be amended to read. The provisions of this
section shall also apply to any employee who becomes disabled for
service-connected causes prior to the first day of the calendar month
when he would normally become a member.
31727.5. The board of supervisors in any county, by a majority
vote, may enact an ordinance providing that the maximum annual
allowance payable to a member pursuant to Section 31727.4 who is
totally disabled shall be increased to 60, 70, 80, or 90 percent of
the member's final compensation, as determined by the board, on the
operative date of such ordinance.
For purposes of this section, "totally disabled" means inability
to perform substantial employment and the presumptions contained in
Section 4662 of the Labor Code shall also be applied to the
determination of total disability.
31727.6. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system who was retired for service-connected disability prior to
September 11, 1957, shall be calculated pursuant to the provisions
of Section 31727.4.
31727.7. Upon retirement for nonservice-connected disability, in
lieu of any other allowance, a member who has five years or more
credited service shall receive a disability allowance equal to the
percentage of final compensation set forth opposite the member's
number of years of credited service in the following table:
Percentage of
Years of credited service: final compensation:
Five years, but less than 20.0
six years..................
Six years, but less than 22.0
seven years................
Seven years, but less than 24.0
eight years................
Eight years, but less than 26.0
nine years.................
Nine years, but less than 28.0
ten years..................
Ten years, but less than 30.0
eleven years...............
Eleven years, but less 32.0
than twelve years..........
Twelve years, but less 34.0
than thirteen years........
Thirteen years, but less 36.0
than fourteen years........
Fourteen years, but less 38.0
than fifteen years.........
Fifteen or more years...... 40.0
This section shall only apply to the following persons:
(a) Persons who become members of the retirement system after the
operative date of this section in the county.
(b) Those persons who were members prior to such operative date
who, pursuant to a memorandum of understanding with their bargaining
unit, elect to be subject to this section on or after such operative
date.
(c) Management and confidential employees and employees not a part
of a bargaining unit who were members prior to such operative date
and elect to be subject to this section on or after such operative
date. The board of supervisors shall prescribe the time period and
conditions governing the election.
This section shall not be operative in any county until such time
as the board of supervisors by majority vote makes the provisions of
this section applicable in such county.
31728. If, in the opinion of the board, the disability is due to
intemperate use of alcoholic liquor or drugs, wilful misconduct, or
violation of law on the part of the member, and his annuity is less
than two hundred forty dollars ($240) a year, the board may pay the
member his accumulated contributions in one lump sum in lieu of his
annuity.
31728.1. Notwithstanding Section 31728, if, in the opinion of the
board, the disability is due to willful misconduct or violation of
law on the part of the member covered under Section 31751, and the
member's annuity is less than two hundred forty dollars ($240) a
year, the board may pay the member's accumulated contributions in one
lump sum in lieu of the member's annuity.
31728.2. Notwithstanding Sections 31728 and 31728.1, if, in the
opinion of the board, the disability is due to or results from the
conviction of the member of a felony under state or federal law or if
the board determines that the criminal activity caused or resulted
in the member's disability, the board may pay the member a lump-sum
which is equal to the sum of his or her accumulated contributions in
lieu of the benefits to which the member would otherwise be entitled
as set forth in this article and provided that nothing in this
section shall be construed to divest a member of any vested right to
a service retirement allowance.
This section shall apply only to a person who becomes a member of
the system on or after January 1, 1988.
31729. The board may require any disability beneficiary under age
55 to undergo medical examination. The examination shall be made by a
physician or surgeon appointed by the board at the place of
residence of the beneficiary or other place mutually agreed upon.
Upon the basis of the examination the board shall determine whether
the disability beneficiary is still physically or mentally
incapacitated for service in the office or department of the county
or district where he was employed and in the position held by him
when retired for disability.
31730. If the board determines that the beneficiary is not
incapacitated, and his or her employer offers to reinstate that
beneficiary, his or her retirement allowance shall be canceled
forthwith, and he or she shall be reinstated in the county service
pursuant to the regulations of the county or district for
reemployment of personnel.
31731. If any disability beneficiary under age 55 refuses to submit
to medical examination, his pension shall be discontinued until his
withdrawal of such refusal, and if his refusal continues for one
year, his retirement allowance shall be canceled.
31732. The board shall secure such medical, investigatory and other
service and advice as is necessary to carry out the purpose of this
article. Notwithstanding Section 31529, the board may contract with
an attorney in private practice for the legal services and advice
necessary to carry out the purpose of this article. It shall pay for
such services and advice such compensation as it deems reasonable.
31733. If a disability beneficiary is determined by the board to be
no longer incapacitated and re-enters the service of a public agency
covered by the retirement system under which he retired, his
disability retirement allowance shall cease immediately upon such
re-entry. If such disability beneficiary again becomes a member of
the retirement system, his rate of contribution for future years is
that established for his age at the time of his re-entry into the
system. His individual account shall be credited with an amount which
is the actuarial equivalent of his annuity at that time, as based
upon the mortality table adopted by the board of supervisors for
disabled lives, less any amount that has been refunded to him under
Section 31737. The amount shall not exceed the amount of his
accumulated contributions at the time of his retirement for
disability. He shall also receive credit for his service as it
existed at the time of his disability retirement.
31737. If the retirement allowance of any disability beneficiary is
canceled for any cause other than under Section 31733, he shall be
paid his accumulated contributions, less the annuity payments made to
him.
31738. Each payment of a retirement allowance, after the effective
date of this section, to a beneficiary who retired prior to September
20, 1947, shall be calculated according to the provisions of this
chapter as they existed on September 20, 1947.
31739. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system or of a superseded system, who was retired for disability
prior to January 1, 1948, is hereby increased by twenty-five dollars
($25) per month if the retired member is entitled to be credited
with 20 years or more of service, or, if the retired member is
entitled to be credited with less than 20 years of service, by an
amount which bears the same ratio to twenty-five dollars ($25) as the
member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.2. Every retirement allowance for time commencing on the
effective date of this section to or on account of any member of this
system or of a superseded system, who was retired for disability on
or after January 1, 1948, but prior to February 1, 1955, or such
other date prior to February 1, 1955, as the board of supervisors in
any county shall specify by resolution, is hereby increased by
twenty-five dollars ($25) per month if the retired member is entitled
to be credited with 20 years or more of service, or, if the retired
member is entitled to be credited with less than 20 years of service,
by an amount which bears the same ratio to twenty-five dollars ($25)
as the member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.3. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system, or of a superseded system, who has been retired for
disability, is increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1956......................
12 months ended June 30, 8%
1957......................
12 months ended June 30, 6%
1958......................
12 months ended June 30, 4%
1959......................
12 months ended June 30, 2%
1960......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month nor less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall by ordinance adopted by majority
vote make the provisions of this section applicable in such county,
providing further that an actuarial survey of the system has been
made by the adopting county's system prior to the passage of said
ordinance.
31739.31. Every retirement allowance, optional death allowance, or
annual death allowance (including an allowance payable to a survivor
of a member) payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1962......................
12 months ended June 30, 8%
1963......................
12 months ended June 30, 6%
1964......................
12 months ended June 30, 4%
1965......................
12 months ended June 30, 2%
1966......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month or less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.32. Every retirement allowance, optional death allowance, or
annual death allowance, including an allowance payable to a survivor
of a member, payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of
Period during which increase in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1967......................
12 months ended June 30, 8%
1968......................
12 months ended June 30, 6%
1969......................
12 months ended June 30, 4%
1970......................
12 months ended June 30, 2%
1971......................
In no event shall any allowance be increased by an amount greater
than seventy-five dollars ($75) a month or less than twenty-five
dollars ($25) a month. A member with credit for 10 or more years of
service in the system shall receive not less than twenty-five dollars
($25) a month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.33. (a) Except as provided in subdivision (b), a retirement
allowance, optional death allowance, or annual death allowance,
including an allowance payable to a survivor of a member, payable to
or on account of any member of this system or of a superseded system
who has been or was retired for disability which did not on July 1,
1976, exceed five hundred dollars ($500) per month is hereby
increased as follows:
Number of years of Percentage of increase
county or district in monthly retirement
service allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a).
This section shall not be operative in a county until such time as
the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in that county.
31739.34. (a) Except as provided in subdivision (b) of this
section, a retirement allowance, optional death allowance or annual
death allowance, including an allowance payable to a survivor of a
member, payable to or on account of any member of this system, or of
a superseded system, who retired for disability on or before December
31, 1971, is hereby increased as follows:
Number of Years of Percentage of Increase in
County or District Monthly Retirement
Service Allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
10-15 years............ 4%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a) of this section.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.4. Every retirement allowance payable during the time this
section is operative in any county to, or on account of any member of
this system or of a superseded system, who has been retired for
disability shall be increased by an amount equal to the product one
dollar ($1) times years of service, not to exceed 20 years, times the
number in the following table:
Period during which retirement
became effective Multiply by
On or prior to June 30, 1957. 2
12 months ended June 30, 1.5
1958.........................
12 months ended June 30, 1
1959.........................
12 months ended June 30, 0.5
1960.........................
This section shall not be operative in any county except as
follows: The board of supervisors of a county at any time and from
time to time may find that economic conditions are such as to require
either that this entire section, or this section as applied to one
or more categories of members in the above table be applicable in
such county. The board of supervisors of such county from time to
time may either rescind or modify such finding and either find that
economic conditions do not require that this section be applicable at
all in such county or be applicable to a greater, lesser, or
different extent than previously found. This section or this section
as applied to one or more categories of members in the above table,
as the case may be, shall be applicable in such county when and only
during the time when such finding is in effect. The giving of
additional retirement benefits pursuant to this section shall create
no additional contractual rights and shall not preclude the
withdrawal of such benefits either by action of the board of
supervisors or of the Legislature.
31739.5. The provision in Section 31681.8, when adopted or
readopted, shall apply to members of this system or a superseded
system who retired for disability, except that payments to a member
of this system or a superseded system who retired for
service-connected disability or to the surviving beneficiary of such
member shall be computed on the basis that the member's service had
continued to age 60, if a safety member, or age 70, if any other
category of member, provided, that this additional service credit
shall not exceed 30 years.
31740. In any county which has implemented the provisions of
Article 15.6 (commencing with Section 31855), any member who is
thereafter retired for disability shall receive a supplemental
disability retirement allowance in the sum of three hundred dollars
($300) per month in addition to any other benefits due under this
chapter, provided the member's disability is such that the member is
incapable of gainful employment. The board may adopt regulations,
including a requirement for periodic declarations of nonemployment,
to administer this supplemental allowance.
31751. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may make
this section, Tier Two, applicable to officers and employees of the
county, by adopting a resolution specifying the future operative date
of its application.
(2) After the board of supervisors has adopted that resolution,
the governing body of a district may make this section applicable as
Tier Two to its officers and employees on and after the future
operative date it specifies.
(b) Except as otherwise provided in this section, Tier Two shall
cover all officers and employees who become members or return to
membership in the county on or after April 4, 1980, and in a district
on or after the date of its applicability thereto.
(c) (1) This section may not cover any employee who is in, or
eligible for, safety membership under this chapter.
(2) This section may not cover any person who is a member of the
retirement system in the county or district on the operative date of
its application thereto unless and until the person voluntarily in
writing irrevocably requests coverage.
(3) This section may not cover any member who does not request
coverage, is then laid off, and later returns to membership.
(4) This section may not cover any member who does not request
coverage, then becomes a deferred member, and later returns to active
membership.
(5) This section may not cover any person referred to in
subparagraph (C) of paragraph (2) of subdivision (d) who does not
request coverage.
(d) (1) The board of supervisors shall adopt regulations allowing
individual county and district employees to irrevocably request
coverage under Tier Two.
(2) The regulations shall specify the period during which each
person may request coverage.
(A) For persons who are employees on the applicability date of
this section, Tier Two, to the county or district, this period may
not exceed one year after that date.
(B) For persons not subject to subparagraph (A), who before the
Tier Two applicability date chose deferred retirement under Article 9
(commencing with Section 31700) from the county's Tier One
retirement system, and who thereafter while still in deferred status
returned to active membership, this period may not exceed 90 d
31720. Any member permanently incapacitated for the performance of
duty shall be retired for disability regardless of age if, and only
if:
(a) The member's incapacity is a result of injury or disease
arising out of and in the course of the member's employment, and such
employment contributes substantially to such incapacity, or
(b) The member has completed five years of service, and
(c) The member has not waived retirement in respect to the
particular incapacity or aggravation thereof as provided by Section
31009.
The amendments to this section enacted during the 1979-80 Regular
Session of the Legislature shall be applicable to all applicants for
disability retirement on or after the effective date of such
amendments.
31720.1. Notwithstanding Section 31720, any member covered under
Section 31751 who is permanently incapacitated shall be retired for
disability regardless of age if, and only if:
(a) The member's incapacity is substantially caused by injury or
disease arising out of and in the course of the member's employment,
or
(b) The member has completed a total of 10 years of service.
"Permanently incapacitated," for the purpose of this section,
means that the member is unable permanently to engage in any
substantial gainful employment.
31720.3. In determining whether a member is eligible to retire for
disability, the board shall not consider medical opinion unless it is
deemed competent and shall not use disability retirement as a
substitute for the employer's disciplinary process.
31720.4. (a) Notwithstanding subdivision (b) of Section 31720, a
member who becomes permanently incapacitated for the performance of
duty with his or her employing county or district as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
the county or district, shall be retired for nonservice-connected
disability regardless of age or years of service.
(b) Notwithstanding any provision to the contrary in Section
31781.3, the surviving spouse of a member who dies as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
his or her employing county or district, shall be entitled to the
combined benefit under Section 31781.3 regardless of the member's
years of service at the time of death.
(c) For the purposes of this section:
(1) "Active military service" means full-time duty within a branch
of the Armed Forces of the United States.
(2) "Military leave" means an authorized leave of absence taken
from a member's employing county or district as a result of a member
being called to active military service because of his or her
position as a reservist or member of the National Guard.
(d) This section shall apply only to the County of Los Angeles and
shall not be operative with regard to the county, or a district
within the county, until the board of supervisors of the county, or
the governing body of the district, elects, by resolution adopted by
a majority vote, to make this section operative. The adoption of a
resolution making this section operative shall not create a vested
right with respect to any member prior to the member's retirement or
death. The board of supervisors or the governing body of the district
may repeal or amend the resolution at any time, except to the extent
that it would affect a member who is retired or is deceased at the
time of the repeal or amendment.
31720.5. If a safety member, a fireman member, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the State Employees' Retirement
System or under a retirement system established under this chapter
in another county, and develops heart trouble, such heart trouble so
developing or manifesting itself in such cases shall be presumed to
arise out of and in the course of employment. Such heart trouble so
developing or manifesting itself in such cases shall in no case be
attributed to any disease existing prior to such development or
manifestation.
As used in this section, "fireman member" includes a member
engaged in active fire suppression who is not classified as a safety
member.
As used in this section, "member in active law enforcement"
includes a member engaged in active law enforcement who is not
classified as a safety member.
31720.6. (a) If a safety member, a firefighter, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment. The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
(b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any safety member, firefighter member, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
cancer shall receive a service-connected disability retirement if the
member demonstrates that he or she was exposed to a known carcinogen
as a result of performance of job duties.
"Known carcinogen" for purposes of this section means those
carcinogenic agents recognized by the International Agency for
Research on Cancer, or the Director of the Department of Industrial
Relations.
(c) The presumption is disputable and may be controverted by
evidence, that the carcinogen to which the member has demonstrated
exposure is not reasonably linked to the disabling cancer, provided
that the primary site of the cancer has been established. Unless so
controverted, the board is bound to find in accordance with the
presumption. This presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually worked in
the specified capacity.
(d) "Firefighter," for purposes of this section, includes a member
engaged in active fire suppression who is not classified as a safety
member.
(e) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.
31720.7. (a) If a safety member, a firefighter, a county probation
officer, or a member in active law enforcement develops a blood-borne
infectious disease or a methicillin-resistant Staphylococcus aureus
skin infection, the disease or skin infection so developing or
manifesting itself in those cases shall be presumed to arise out of,
and in the course of, employment. The blood-borne infectious disease
or methicillin-resistant Staphylococcus aureus skin infection so
developing or manifesting itself in those cases shall in no case be
attributed to any disease or skin infection existing prior to that
development or manifestation.
(b) Any safety member, firefighter, county probation officer, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
a blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection shall receive a
service-connected disability retirement.
(c) (1) The presumption described in subdivision (a) is rebuttable
by other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.
(2) The blood-borne infectious disease presumption shall be
extended to a member following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
(3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a member following termination of service for a period of 90 days
commencing with the last day actually worked in the specified
capacity.
(d) "Blood-borne infectious disease," for purposes of this
section, means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of
Industrial Relations.
(e) "Member in active law enforcement," for purposes of this
section, means members employed by a sheriff's office, by a police or
fire department of a city, county, city and county, district, or by
another public or municipal corporation or political subdivision or
who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county
forestry or firefighting department or unit, except any of those
members whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
31720.9. (a) If a peace officer member, as defined in Sections
830.1 to 830.5, inclusive, of the Penal Code, or firefighter member,
with service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system
established pursuant to Chapter 5 (commencing with Section 32200), or
both, or under this retirement system, under the Public Employees'
Retirement System, or under a retirement system established under
this chapter in another county, becomes ill or dies due to exposure
to a biochemical substance, the illness that develops or manifests
itself in those cases shall be presumed to arise out of, and in the
course of, employment. The illness that develops or manifests itself
in those cases shall in no case be attributed to any illness existing
prior to that development or manifestation.
(b) Any peace officer member or firefighter member, as described
in subdivision (a), who becomes permanently incapacitated as a result
of exposure to a biochemical substance shall receive a
service-connected disability retirement.
(c) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless rebutted, the board is bound to find in
accordance with the presumption. This presumption shall be extended
to a member following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
(d) For purposes of this section, a peace officer member or
firefighter member, as described in subdivision (a), does not include
a member whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers.
(e) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
31721. (a) A member may be retired for disability upon the
application of the member, the head of the office or department in
which he is or was last employed, the board or its agents, or any
other person on his behalf, except that an employer may not separate
because of disability a member otherwise eligible to retire for
disability but shall apply for disability retirement of any eligible
member believed to be disabled, unless the member waives the right to
retire for disability and elects to withdraw contributions or to
permit contributions to remain in the fund with rights to service
retirement as provided in Article 9 (commencing with Section 31700).
(b) When a member appeals from a separation for disability,
disputing the employer's assertion or assumption that he is not
eligible for disability retirement, the official, entity other than
the board, or court to whom appealed shall transfer the proceedings
to the board for determination of the eligibility and of disability
if so eligible.
The appointing authority shall have the burden of proving
disability. Thereafter, the appellant shall have the burden of
proving job causation.
This subdivision shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by a
majority vote, make the provisions applicable in that county.
31722. The application shall be made while the member is in
service, within four months after his or her discontinuance of
service, within four months after the expiration of any period during
which a presumption is extended beyond his or her discontinuance of
service, or while, from the date of discontinuance of service to the
time of the application, he or she is continuously physically or
mentally incapacitated to perform his or her duties.
31723. The board may require such proof, including a medical
examination at the expense of the member, as it deems necessary or
the board upon its own motion may order a medical examination to
determine the existence of the disability.
31724. If the proof received, including any medical examination,
shows to the satisfaction of the board that the member is permanently
incapacitated physically or mentally for the performance of his
duties in the service, it shall retire him effective on the
expiration date of any leave of absence with compensation to which he
shall become entitled under the provisions of Division 4 (commencing
with Section 3201) of the Labor Code or effective on the occasion of
the member's consent to retirement prior to the expiration of such
leave of absence with compensation. His disability retirement
allowance shall be effective as of the date such application is filed
with the board, but not earlier than the day following the last day
for which he received regular compensation. Notwithstanding any other
provision of this article, the retirement of a member who has been
granted or is entitled to sick leave shall not become effective until
the expiration of such sick leave with compensation unless the
member consents to his retirement at an earlier date.
When it has been demonstrated to the satisfaction of the board
that the filing of the member's application was delayed by
administrative oversight or by inability to ascertain the permanency
of the member's incapacity until after the date following the day for
which the member last received regular compensation, such date will
be deemed to be the date the application was filed.
31725. Permanent incapacity for the performance of duty shall in
all cases be determined by the board.
If the medical examination and other available information do not
show to the satisfaction of the board that the member is
incapacitated physically or mentally for the performance of his
duties in the service and the member's application is denied on this
ground the board shall give notice of such denial to the employer.
The employer may obtain judicial review of such action of the board
by filing a petition for a writ of mandate in accordance with the
Code of Civil Procedure or by joining or intervening in such action
filed by the member within 30 days of the mailing of such notice. If
such petition is not filed or the court enters judgment denying the
writ, whether on the petition of the employer or the member, and the
employer has dismissed the member for disability the employer shall
reinstate the member to his employment effective as of the day
following the effective date of the dismissal.
31725.5. If the board finds, on medical advice, that a member in
county employment, although incapacitated for the performance of his
duties, is capable of performing other duties in the service of the
county, the member shall not be entitled to a disability retirement
allowance if any competent authority in accordance with any
applicable civil service or merit system procedures offers and he
accepts a transfer, reassignment, or other change to a position with
duties within his capacity to perform with his disability. If this
new position returns to the member compensation less than that of the
position from which he was disabled, the board, in lieu of a
disability retirement allowance, shall pay him the difference in such
compensation until the compensation of the new position equals or
exceeds the compensation (including later changes) of the former
position, but such amount shall not exceed the amount to which he
would otherwise be entitled as a disability retirement allowance.
Such payments in lieu of disability retirement allowance shall be
considered as a charge against county advance reserve for current
service.
If a new position cannot be arranged at the time of eligibility
for disability retirement allowance, such disability retirement
allowance to which the member is entitled under this article shall be
paid until such time as a new position is available and accepted.
If a disability retirement allowance is paid and the member later
accepts such a new position, the period while on disability
retirement shall not be considered as breaking the continuity of
service and his rate of contributions shall be based on the same age
as it was at the date of disability. The member's accumulated
contributions shall be the same as at the date his disability
retirement began less the amount charged to his accumulated normal
contributions.
Nothing in this section shall be construed to require a member to
accept reassignment or transfer in lieu of a disability retirement
allowance.
The provisions of this section become effective in any county only
when the board of supervisors adopts an ordinance providing for
their implementation by the board of retirement which may include
application to persons retired for disability before such effective
date.
The provisions of this section shall only apply to members
eligible to retire for nonservice-connected disability.
31725.6. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member is capable of performing other duties. If
the board determines that a member, although incapacitated for the
performance of the member's duties, is capable of performing other
duties, the board shall inform the appropriate agency in county
service of its findings and request that the agency immediately
initiate a suitable rehabilitation program for the member pursuant to
Section 139.5 of the Labor Code, whereby the member could become
qualified for assignment to a position in county service consistent
with the rehabilitation program.
(b) When the appropriate agency in county service receives such a
request from the board, the agency shall immediately refer the member
to a qualified rehabilitation representative for vocational
evaluation. During the course of the evaluation, the rehabilitation
representative shall consult with the appropriate agency in county
service to determine what position, if any, in county service would
be compatible with the member's aptitudes, interests, and abilities
and whether rehabilitation services will enable the member to become
qualified to perform the duties of the position.
(c) Upon completion of the vocational evaluation of the member,
the rehabilitation representative shall develop a suitable
rehabilitation plan and submit the plan for concurrence by the member
and the appropriate agency in county service and, thereafter, the
agency shall forward the plan to the Division of Industrial Accidents
for approval pursuant to Section 139.5 of the Labor Code.
(d) Upon receipt of approval of the rehabilitation plan, the
appropriate agency in county service shall notify the board that the
agency is either proceeding to implement an approved rehabilitation
plan that will qualify the member for a position in county service
specified in the plan or is unable to provide a position in county
service compatible with the approved rehabilitation plan.
(e) Upon commencement of service by the member in the position
specified in the approved rehabilitation plan, the member shall not
be paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved rehabilitation plan is less than
the compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved rehabilitation plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
rehabilitation plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(f) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
rehabilitation plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
rehabilitation plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system as the member's rates were based on prior
to the date of the member's disability. The member's accumulated
contributions shall not be reduced as a result of the member
receiving the disability retirement payments, but shall be increased
by the amount of interest that would have accrued had the member not
been retired.
(g) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved rehabilitation plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(h) If, within one year from the date that the member has been
eligible for a disability retirement allowance, the appropriate
agency in county service has offered to the member, in writing, the
position specified in the rehabilitation plan which had previously
been concurred, in writing, by the member and approved by the
Division of Industrial Accidents pursuant to Section 139.5 of the
Labor Code, the member shall, within 30 days of receipt of the
notice, report for duty at the location specified in the notice. If
the member refuses to report for duty within the time specified, the
appropriate agency in county service may apply to the board to have
the member's allowance discontinued. The board shall be authorized to
discontinue the member's disability retirement allowance if based
upon substantial evidence of the refusal of the member to report to
work without reasonable cause. However, the board shall not be
authorized to impair any other of the rights or retirement benefits
to which the member would otherwise be entitled.
(i) This section shall apply only to members who were
incapacitated for the performance of the member's duties prior to
January 1, 2004, and who are eligible to retire for service-connected
disability.
31725.65. (a) When the board finds, based on medical advice, that a
member in county service is incapacitated for the performance of the
member's duties, the board shall determine, based upon that medical
advice, whether the member may be capable of performing other duties.
If the board determines that a member, although incapacitated for
the performance of the member's duties, is capable of performing
other duties, the board shall notify the appropriate agency in county
service of its findings.
(b) When the appropriate agency in county service receives that
notification from the board, the agency shall immediately inform the
member of any vacant county positions that may be suitable for the
member, consistent with his or her disability, and shall consult with
the member in an effort to develop a reemployment plan that shall
identify what position, if any, in county service would be compatible
with the member's aptitudes, interests, and abilities.
(c) Upon approval by the member of the reemployment plan, the
appropriate agency in county service shall notify the board that the
agency is proceeding to implement the approved reemployment plan.
(d) Upon commencement of service by the member in the position
specified in the approved reemployment plan, the member shall not be
paid the disability retirement allowance to which the member would
otherwise be entitled during the entire period that the member
remains in county service. However, if the compensation rate of the
position specified in the approved reemployment plan is less than the
compensation rate of the position for which the member was
incapacitated, the board shall, in lieu of the disability retirement
allowance, pay to the member a supplemental disability allowance in
an amount equal to the difference between the compensation rate of
the position for which the member was incapacitated, applicable on
the date of the commencement of service by the member in the position
specified in the approved reemployment plan, and the compensation
rate of the position specified in the plan, applicable on the same
date. The supplemental disability allowance shall be adjusted
annually to equal the difference between the current compensation
rate of the position for which the member was incapacitated and the
current compensation of the position specified in the approved
reemployment plan. The supplemental disability allowance payments
shall commence upon suspension of the disability retirement allowance
and the amount of the payments shall not be greater than the
disability retirement allowance to which the member would otherwise
be entitled. Supplemental disability allowance payments made pursuant
to this section shall be considered as a charge against the county
advance reserve for current service, and all of these payments
received by a member shall be considered as a part of the member's
compensation within the meaning of Section 31460.
(e) From the time that the member is eligible to receive a
disability retirement allowance until the appropriate agency is able
to provide the position in county service specified in the approved
reemployment plan, and the member has commenced service in that
position, the disability retirement allowance to which the member is
entitled under this article shall be paid. Upon commencement of
service by the member in the position specified in the approved
reemployment plan, the period during which the member was receiving
disability retirement payments shall not be considered as breaking
the continuity of the member's service, and the rate of the member's
contributions shall continue to be based on the same age at entrance
into the retirement system on which the member's rates were based
prior to the date of the member's disability. The member's
accumulated contributions shall not be reduced as a result of the
member receiving the disability retirement payments, but shall be
increased by the amount of interest that would have accrued had the
member not been retired.
(f) Notwithstanding Section 31560, a member whose principal
duties, while serving in the position for which the member was
incapacitated, consisted of activities defined in Section 31469.3
shall, upon commencement of service by the member in the position
specified in the approved reemployment plan, continue to be
considered as satisfying the requirements of Section 31560,
notwithstanding the actual duties performed during the entire period
that the member remains in county service.
(g) This section shall apply only to members who are incapacitated
for the performance of the member's duties on or after January 1,
2004, and who are eligible to retire for service-connected
disability.
31725.7. (a) At any time after filing an application for disability
retirement with the board, the member may, if eligible, apply for,
and the board in its discretion may grant, a service retirement
allowance pending the determination of his or her entitlement to
disability retirement. If he or she is found to be eligible for
disability retirement, appropriate adjustments shall be made in his
or her retirement allowance retroactive to the effective date of his
or her disability retirement as provided in Section 31724.
(b) This section shall not be construed to authorize a member to
receive more than one type of retirement allowance for the same
period of time nor to entitle any beneficiary to receive benefits
which the beneficiary would not otherwise have been entitled to
receive under the type of retirement which the member is finally
determined to have been entitled. In the event a member retired for
service is found not to be entitled to disability retirement he or
she shall not be entitled to return to his or her job as provided in
Section 31725.
(c) If the retired member should die before a final determination
is made concerning entitlement to disability retirement, the rights
of the beneficiary shall be as selected by the member at the time of
retirement for service. The optional or unmodified type of allowance
selected by the member at the time of retirement for service shall
also be binding as to the type of allowance the member receives if
the member is awarded a disability retirement.
(d) Notwithstanding subdivision (c), if the retired member should
die before a final determination is made concerning entitlement to
disability retirement, the rights of the beneficiary may be as
selected by the member at the time of retirement for service, or as
if the member had selected an unmodified allowance. The optional or
unmodified type of allowance selected by the member at the time of
retirement for service shall not be binding as to the type of
allowance the member receives if the member is awarded a disability
retirement. A change to the optional or unmodified type of allowance
shall be made only at the time a member is awarded a disability
retirement and the change shall be retroactive to the service
retirement date and benefits previously paid shall be adjusted. If a
change to the optional or unmodified type of allowance is not made,
the benefit shall be adjusted to reflect the differences in
retirement benefits previously received. This paragraph shall only
apply to members who retire on or after January 1, 1999.
31725.8. If any applicant for service-connected disability
retirement is found by the board to be permanently physically or
mentally incapacitated for the performance of his duties but not
because of injury or disease arising out of and in the course of his
employment, he may apply for, and the board in its discretion may
grant, a non-service-connected disability retirement allowance while
he is pursuing any rehearing before the board or judicial review
concerning his right to service-connected disability retirement. If
his disability is finally determined to have been service-connected,
appropriate adjustments shall be made in his retirement allowance
retroactive to the effective date of his disability retirement.
If any member dies after electing to receive non-service-connected
disability retirement and before the question of his entitlement to
service-connected disability retirement is finally resolved, the
rights of his beneficiary shall be those selected by the member at
the time he elected to receive non-service-connected disability
retirement.
31726. Upon retirement for non-service-connected disability a
member who has attained age 65 shall receive his or her service
retirement allowance.
Every member under age 65 who is retired for non-service-connected
disability and who is not simultaneously retired as a member on
deferred retirement of the State Employees' Retirement System or a
retirement system established under this chapter in another county
shall receive a disability retirement allowance which shall be the
greater of the following:
(a) The sum to which he or she would be entitled as service
retirement.
(b) A sum which shall consist of any of the following:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district. This paragraph
shall only apply to a person who becomes a member of the system on or
after January 1, 1988.
31726.5. Upon retirement for nonservice-connected disability a
safety member who has attained age 55 shall receive his or her
service retirement allowance. Every safety member under age 55 who is
retired for nonservice-connected disability and who is not
simultaneously retired as a member on deferred retirement of the
Public Employees' Retirement System or a retirement system
established under this chapter in another county shall receive a
disability retirement allowance which shall be the greater of:
(a) The sum to which he or she would be entitled to as service
retirement; or
(b) A sum which shall consist of:
(1) An annuity which is the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not
due to intemperate use of alcoholic liquor or drugs, willful
misconduct, or violation of law on his or her part, a disability
retirement pension purchased by contributions of the county or
district.
(3) If, in the opinion of the board, his or her disability is not
due to conviction of a felony or criminal activity which caused or
resulted in the member's disability, a disability retirement pension
purchased by contributions of the county or district.
Paragraph (3) shall only apply to a person who becomes a member of
the association on or after January 1, 1988.
31727. The non-service-connected disability retirement pension
shall be such an amount as with that portion of his annuity provided
by his accumulated normal contributions will make his disability
retirement allowance, exclusive of the annuity provided by his
accumulated additional contributions, equal:
(a) Ninety percent of one-sixtieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-sixtieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.01. Notwithstanding Sections 31727 and 31727.4, if the member
is eligible to retire without relying upon service in another
retirement system, the disability retirement pension of a member
covered under Section 31751 shall be such an amount as with that
portion of the member's annuity provided by the member's accumulated
normal contributions will make the member's disability retirement
allowance, exclusive of the annuity provided by the member's
accumulated additional contributions, equal 40 percent of the member'
s final compensation as defined in Section 31462.
In addition to the above disability allowance, 10 percent of the
member's final compensation shall be paid on behalf of each of the
member's children up to a maximum of three children.
As used in this section, "child" means a member's child who is
dependent upon such member at the time of the member's disability and
while such child is unmarried and:
(a) Under 18 years of age, or
(b) Whether under or over 18 years of age, totally disabled and
such disability occurred prior to such child attaining the age of 18
years, or
(c) Eighteen years of age or over, but has not attained the age of
22 years, and is enrolled as a full-time student in an accredited
school, as determined by the board.
If the member is required to rely upon service in another
retirement system to be eligible to retire, the above disability
retirement pension and children's allowance shall be multiplied by
one-tenth times the years of service.
Disability benefits shall be offset by the amounts of disability
payments from other plans of the county and other governmental plans,
except workers' compensation and federal social security payments.
31727.1. In counties adopting Section 31676.12, a member upon
retirement for non-service-connected disability, who has attained age
62, shall receive his service retirement allowance.
The non-service-connected disability retirement pension for a
member under age 62 shall be such an amount as with that portion of a
member's annuity provided by his accumulated normal contributions
will make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 62, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
The amendments to this section during the 1975-76 Regular Session
of the Legislature shall not apply in any county until adopted by
majority vote of the county supervisors of that county.
31727.2. The non-service-connected disability retirement pension
for a safety member shall be such an amount as with that portion of
his annuity provided by his accumulated normal contributions, will
make his disability retirement allowance equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system, and the disability retirement
allowance computed under (a) does not exceed one-third of his final
compensation, 90 percent of one-fiftieth of his final compensation
multiplied by the number of years of service which would be
creditable to him were his service to continue until attainment by
him of age 55, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.3. In counties adopting Section 31676.15, the
non-service-connected disability retirement pension shall be such an
amount as with that portion of a member's annuity provided by his
accumulated normal contributions will make his disability retirement
allowance, exclusive of the annuity provided by his accumulated
additional contributions, equal:
(a) Ninety percent of one-fiftieth of his final compensation
multiplied by the number of years of service credited to him, if (1)
the member must rely upon service in another retirement system in
order to be eligible to retire, or (2) such disability retirement
allowance exceeds one-third of his final compensation.
(b) If the member is eligible to retire without relying upon
service in another retirement system and the disability retirement
allowance computed under subdivision (a) does not exceed one-third of
his final compensation, 90 percent of one-fiftieth of his final
compensation multiplied by the number of years of service which would
be creditable to him were his service to continue until attainment
by him of age 65, but in such case the retirement allowance shall not
exceed one-third of his final compensation.
31727.4. Upon retirement of any member for service-connected
disability, he shall receive an annual retirement allowance payable
in monthly installments, equal to one-half of his final compensation.
Notwithstanding any other provisions of this chapter, any member
upon retirement for service-connected disability shall receive a
current service pension or a current service pension combined with a
prior service pension purchased by the contributions of the county or
district sufficient which when added to the service retirement
annuity will equal one-half of his final compensation, or, if
qualified for a service retirement, he shall receive his service
retirement allowance if such allowance is greater but in no event
shall it exceed the limitation as set forth in Section 31676.1 as it
now reads or may hereafter be amended to read. The provisions of this
section shall also apply to any employee who becomes disabled for
service-connected causes prior to the first day of the calendar month
when he would normally become a member.
31727.5. The board of supervisors in any county, by a majority
vote, may enact an ordinance providing that the maximum annual
allowance payable to a member pursuant to Section 31727.4 who is
totally disabled shall be increased to 60, 70, 80, or 90 percent of
the member's final compensation, as determined by the board, on the
operative date of such ordinance.
For purposes of this section, "totally disabled" means inability
to perform substantial employment and the presumptions contained in
Section 4662 of the Labor Code shall also be applied to the
determination of total disability.
31727.6. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system who was retired for service-connected disability prior to
September 11, 1957, shall be calculated pursuant to the provisions
of Section 31727.4.
31727.7. Upon retirement for nonservice-connected disability, in
lieu of any other allowance, a member who has five years or more
credited service shall receive a disability allowance equal to the
percentage of final compensation set forth opposite the member's
number of years of credited service in the following table:
Percentage of
Years of credited service: final compensation:
Five years, but less than 20.0
six years..................
Six years, but less than 22.0
seven years................
Seven years, but less than 24.0
eight years................
Eight years, but less than 26.0
nine years.................
Nine years, but less than 28.0
ten years..................
Ten years, but less than 30.0
eleven years...............
Eleven years, but less 32.0
than twelve years..........
Twelve years, but less 34.0
than thirteen years........
Thirteen years, but less 36.0
than fourteen years........
Fourteen years, but less 38.0
than fifteen years.........
Fifteen or more years...... 40.0
This section shall only apply to the following persons:
(a) Persons who become members of the retirement system after the
operative date of this section in the county.
(b) Those persons who were members prior to such operative date
who, pursuant to a memorandum of understanding with their bargaining
unit, elect to be subject to this section on or after such operative
date.
(c) Management and confidential employees and employees not a part
of a bargaining unit who were members prior to such operative date
and elect to be subject to this section on or after such operative
date. The board of supervisors shall prescribe the time period and
conditions governing the election.
This section shall not be operative in any county until such time
as the board of supervisors by majority vote makes the provisions of
this section applicable in such county.
31728. If, in the opinion of the board, the disability is due to
intemperate use of alcoholic liquor or drugs, wilful misconduct, or
violation of law on the part of the member, and his annuity is less
than two hundred forty dollars ($240) a year, the board may pay the
member his accumulated contributions in one lump sum in lieu of his
annuity.
31728.1. Notwithstanding Section 31728, if, in the opinion of the
board, the disability is due to willful misconduct or violation of
law on the part of the member covered under Section 31751, and the
member's annuity is less than two hundred forty dollars ($240) a
year, the board may pay the member's accumulated contributions in one
lump sum in lieu of the member's annuity.
31728.2. Notwithstanding Sections 31728 and 31728.1, if, in the
opinion of the board, the disability is due to or results from the
conviction of the member of a felony under state or federal law or if
the board determines that the criminal activity caused or resulted
in the member's disability, the board may pay the member a lump-sum
which is equal to the sum of his or her accumulated contributions in
lieu of the benefits to which the member would otherwise be entitled
as set forth in this article and provided that nothing in this
section shall be construed to divest a member of any vested right to
a service retirement allowance.
This section shall apply only to a person who becomes a member of
the system on or after January 1, 1988.
31729. The board may require any disability beneficiary under age
55 to undergo medical examination. The examination shall be made by a
physician or surgeon appointed by the board at the place of
residence of the beneficiary or other place mutually agreed upon.
Upon the basis of the examination the board shall determine whether
the disability beneficiary is still physically or mentally
incapacitated for service in the office or department of the county
or district where he was employed and in the position held by him
when retired for disability.
31730. If the board determines that the beneficiary is not
incapacitated, and his or her employer offers to reinstate that
beneficiary, his or her retirement allowance shall be canceled
forthwith, and he or she shall be reinstated in the county service
pursuant to the regulations of the county or district for
reemployment of personnel.
31731. If any disability beneficiary under age 55 refuses to submit
to medical examination, his pension shall be discontinued until his
withdrawal of such refusal, and if his refusal continues for one
year, his retirement allowance shall be canceled.
31732. The board shall secure such medical, investigatory and other
service and advice as is necessary to carry out the purpose of this
article. Notwithstanding Section 31529, the board may contract with
an attorney in private practice for the legal services and advice
necessary to carry out the purpose of this article. It shall pay for
such services and advice such compensation as it deems reasonable.
31733. If a disability beneficiary is determined by the board to be
no longer incapacitated and re-enters the service of a public agency
covered by the retirement system under which he retired, his
disability retirement allowance shall cease immediately upon such
re-entry. If such disability beneficiary again becomes a member of
the retirement system, his rate of contribution for future years is
that established for his age at the time of his re-entry into the
system. His individual account shall be credited with an amount which
is the actuarial equivalent of his annuity at that time, as based
upon the mortality table adopted by the board of supervisors for
disabled lives, less any amount that has been refunded to him under
Section 31737. The amount shall not exceed the amount of his
accumulated contributions at the time of his retirement for
disability. He shall also receive credit for his service as it
existed at the time of his disability retirement.
31737. If the retirement allowance of any disability beneficiary is
canceled for any cause other than under Section 31733, he shall be
paid his accumulated contributions, less the annuity payments made to
him.
31738. Each payment of a retirement allowance, after the effective
date of this section, to a beneficiary who retired prior to September
20, 1947, shall be calculated according to the provisions of this
chapter as they existed on September 20, 1947.
31739. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system or of a superseded system, who was retired for disability
prior to January 1, 1948, is hereby increased by twenty-five dollars
($25) per month if the retired member is entitled to be credited
with 20 years or more of service, or, if the retired member is
entitled to be credited with less than 20 years of service, by an
amount which bears the same ratio to twenty-five dollars ($25) as the
member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.2. Every retirement allowance for time commencing on the
effective date of this section to or on account of any member of this
system or of a superseded system, who was retired for disability on
or after January 1, 1948, but prior to February 1, 1955, or such
other date prior to February 1, 1955, as the board of supervisors in
any county shall specify by resolution, is hereby increased by
twenty-five dollars ($25) per month if the retired member is entitled
to be credited with 20 years or more of service, or, if the retired
member is entitled to be credited with less than 20 years of service,
by an amount which bears the same ratio to twenty-five dollars ($25)
as the member's completed years of service with which the member is
entitled to be credited bears to 20 years.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.3. Every retirement allowance payable for time commencing on
the effective date of this section to or on account of any member of
this system, or of a superseded system, who has been retired for
disability, is increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1956......................
12 months ended June 30, 8%
1957......................
12 months ended June 30, 6%
1958......................
12 months ended June 30, 4%
1959......................
12 months ended June 30, 2%
1960......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month nor less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall by ordinance adopted by majority
vote make the provisions of this section applicable in such county,
providing further that an actuarial survey of the system has been
made by the adopting county's system prior to the passage of said
ordinance.
31739.31. Every retirement allowance, optional death allowance, or
annual death allowance (including an allowance payable to a survivor
of a member) payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of increase
Period during which in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1962......................
12 months ended June 30, 8%
1963......................
12 months ended June 30, 6%
1964......................
12 months ended June 30, 4%
1965......................
12 months ended June 30, 2%
1966......................
In no event shall any allowance be increased by an amount greater
than fifty dollars ($50) a month or less than ten dollars ($10) a
month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.32. Every retirement allowance, optional death allowance, or
annual death allowance, including an allowance payable to a survivor
of a member, payable to or on account of any member of this system or
of a superseded system who has been or was retired for disability is
increased as follows:
Percentage of
Period during which increase in
retirement became monthly retirement
effective allowance
On or prior to June 30, 10%
1967......................
12 months ended June 30, 8%
1968......................
12 months ended June 30, 6%
1969......................
12 months ended June 30, 4%
1970......................
12 months ended June 30, 2%
1971......................
In no event shall any allowance be increased by an amount greater
than seventy-five dollars ($75) a month or less than twenty-five
dollars ($25) a month. A member with credit for 10 or more years of
service in the system shall receive not less than twenty-five dollars
($25) a month.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance adopted by majority
vote, make the provisions of this section applicable in such county.
31739.33. (a) Except as provided in subdivision (b), a retirement
allowance, optional death allowance, or annual death allowance,
including an allowance payable to a survivor of a member, payable to
or on account of any member of this system or of a superseded system
who has been or was retired for disability which did not on July 1,
1976, exceed five hundred dollars ($500) per month is hereby
increased as follows:
Number of years of Percentage of increase
county or district in monthly retirement
service allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a).
This section shall not be operative in a county until such time as
the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in that county.
31739.34. (a) Except as provided in subdivision (b) of this
section, a retirement allowance, optional death allowance or annual
death allowance, including an allowance payable to a survivor of a
member, payable to or on account of any member of this system, or of
a superseded system, who retired for disability on or before December
31, 1971, is hereby increased as follows:
Number of Years of Percentage of Increase in
County or District Monthly Retirement
Service Allowance
25 or more years....... 10%
20-25 years............ 8%
15-20 years............ 6%
10-15 years............ 4%
(b) No allowance shall be increased to more than five hundred
dollars ($500) per month pursuant to subdivision (a) of this section.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.
31739.4. Every retirement allowance payable during the time this
section is operative in any county to, or on account of any member of
this system or of a superseded system, who has been retired for
disability shall be increased by an amount equal to the product one
dollar ($1) times years of service, not to exceed 20 years, times the
number in the following table:
Period during which retirement
became effective Multiply by
On or prior to June 30, 1957. 2
12 months ended June 30, 1.5
1958.........................
12 months ended June 30, 1
1959.........................
12 months ended June 30, 0.5
1960.........................
This section shall not be operative in any county except as
follows: The board of supervisors of a county at any time and from
time to time may find that economic conditions are such as to require
either that this entire section, or this section as applied to one
or more categories of members in the above table be applicable in
such county. The board of supervisors of such county from time to
time may either rescind or modify such finding and either find that
economic conditions do not require that this section be applicable at
all in such county or be applicable to a greater, lesser, or
different extent than previously found. This section or this section
as applied to one or more categories of members in the above table,
as the case may be, shall be applicable in such county when and only
during the time when such finding is in effect. The giving of
additional retirement benefits pursuant to this section shall create
no additional contractual rights and shall not preclude the
withdrawal of such benefits either by action of the board of
supervisors or of the Legislature.
31739.5. The provision in Section 31681.8, when adopted or
readopted, shall apply to members of this system or a superseded
system who retired for disability, except that payments to a member
of this system or a superseded system who retired for
service-connected disability or to the surviving beneficiary of such
member shall be computed on the basis that the member's service had
continued to age 60, if a safety member, or age 70, if any other
category of member, provided, that this additional service credit
shall not exceed 30 years.
31740. In any county which has implemented the provisions of
Article 15.6 (commencing with Section 31855), any member who is
thereafter retired for disability shall receive a supplemental
disability retirement allowance in the sum of three hundred dollars
($300) per month in addition to any other benefits due under this
chapter, provided the member's disability is such that the member is
incapable of gainful employment. The board may adopt regulations,
including a requirement for periodic declarations of nonemployment,
to administer this supplemental allowance.
31751. Notwithstanding any other provision of law:
(a) (1) The Board of Supervisors of Contra Costa County may make
this section, Tier Two, applicable to officers and employees of the
county, by adopting a resolution specifying the future operative date
of its application.
(2) After the board of supervisors has adopted that resolution,
the governing body of a district may make this section applicable as
Tier Two to its officers and employees on and after the future
operative date it specifies.
(b) Except as otherwise provided in this section, Tier Two shall
cover all officers and employees who become members or return to
membership in the county on or after April 4, 1980, and in a district
on or after the date of its applicability thereto.
(c) (1) This section may not cover any employee who is in, or
eligible for, safety membership under this chapter.
(2) This section may not cover any person who is a member of the
retirement system in the county or district on the operative date of
its application thereto unless and until the person voluntarily in
writing irrevocably requests coverage.
(3) This section may not cover any member who does not request
coverage, is then laid off, and later returns to membership.
(4) This section may not cover any member who does not request
coverage, then becomes a deferred member, and later returns to active
membership.
(5) This section may not cover any person referred to in
subparagraph (C) of paragraph (2) of subdivision (d) who does not
request coverage.
(d) (1) The board of supervisors shall adopt regulations allowing
individual county and district employees to irrevocably request
coverage under Tier Two.
(2) The regulations shall specify the period during which each
person may request coverage.
(A) For persons who are employees on the applicability date of
this section, Tier Two, to the county or district, this period may
not exceed one year after that date.
(B) For persons not subject to subparagraph (A), who before the
Tier Two applicability date chose deferred retirement under Article 9
(commencing with Section 31700) from the county's Tier One
retirement system, and who thereafter while still in deferred status
returned to active membership, this period may not exceed 90 d
