SECTIONS 31662-31664.65 - California Statutes

GOVERNMENT CODE

SECTION 31662-31664.65

31662. This article shall apply in a county subject to the
provisions of Sections 31676.1 and 31695.1.

31662.2. Retirement of a safety member in a county subject to the
provisions of Section 31676.1 who has met the requirements for age
and service shall be made by the board pursuant to this article.

31662.4. At the expiration of two years after a retirement system
pursuant to this chapter becomes operative, or on January 1, 1954,
whichever is later, every safety member except an elective officer,
the sheriff and undersheriff, who has attained age 60 shall be
retired forthwith. On the said date a sheriff who is a safety member,
is not an elective officer, and who has attained age 70 and an
undersheriff who is a safety member and who has attained age 70 shall
be retired forthwith.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.

31662.6. Two years after a retirement system established by this
chapter becomes operative, a safety member except an elective
officer, the sheriff and undersheriff, and the marshal appointed to
serve the superior court within the county, shall be retired as of
the first day of the calendar month next succeeding that in which he
or she attains age 60.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.

31662.8. Every safety member holding an elective office shall be
retired at the end of the first term to which he or she is elected
which expires on the date following his or her seventieth birthday,
except that if the term expires within two years after the date on
which a retirement system becomes operative or prior to January 1,
1954, whichever is later, he or she shall be retired at the end of
the next term to which he or she is elected.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.

31663. After January 1, 1954, or two years after a retirement
system established by this chapter becomes operative, whichever is
later, a sheriff who is a safety member and not elective, and an
undersheriff, who is a safety member shall be retired as of the first
day of the calendar month next succeeding that in which he or she
attains age 70.
The marshal appointed to serve the superior court within the
county who is a safety member shall be retired as of the first day of
the calendar month next succeeding that in which he or she attains
age 65.
In San Bernardino County, a sheriff's inspector, a chief inspector
in a sheriff's office, or a chief deputy in a sheriff's office, who
is a safety member and whose primary duties are administrative, shall
be retired as of the first day of the calendar month next succeeding
that in which the person attains age 70.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.

31663.1. (a) Sections 31662.6 and 31663 shall not apply to an
assistant sheriff or a chief in a sheriff's office who is a safety
member and whose primary duties are administrative.
(b) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
(c) This section shall not be operative in any county until the
board of supervisors shall, by resolution adopted by a majority vote,
make this section applicable in the county.

31663.15. (a) Sections 31662.4, 31662.6, 31662.8, and 31663 shall
not apply to a person who is an active safety member described in
Section 31469.3 or 31470.4 if a physician employed or approved by the
county certifies that the safety member is capable of performing his
or her assigned duties pursuant to standards set forth by the member'
s employer.
(b) This section shall also apply to a member who reinstates from
retirement pursuant to Section 31680.8.
(c) A county that adopts this section shall provide a safety
member who is on a disability leave of absence the opportunity to
receive the physician certification described in subdivision (a) upon
return from his or her leave, and that member shall not be subject
to mandatory retirement pursuant to Section 31662.4, 31662.6, or
31662.8 prior to receiving that opportunity.
(d) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
(e) This section shall not be operative in any county until the
board of supervisors shall, by resolution adopted by a majority vote,
make this section and Section 31680.8 applicable in the county. The
resolution of the board of supervisors may designate a date, which
may be prior to the date of the resolution or the effective date of
this section, upon which the resolution and this section shall be
operative in the county, and may further provide that a member,
described in Section 31470.4, who retired pursuant to Section 31662.4
or 31662.6, prior to April 1, 2007, is not eligible to reinstate
from retirement pursuant to Section 31680.8.

31663.25. Except as provided in Section 31663.26, any safety member
who has reached the applicable compulsory age of retirement, if any,
or any safety member who has completed 10 years of continuous
service and who has reached the age of 50, or any safety member who
has completed 20 years of service regardless of age, may be retired
upon filing with the board a written application setting forth the
date upon which he or she desires his or her retirement to become
effective which shall be not more than 60 days after the date of
filing the application.

31663.26. Notwithstanding Section 31663.25, any safety member who
has reached the applicable compulsory age of retirement, if any, or
any safety member who is a full-time employee, has completed 10 years
of service, has reached the age of 50, and has no service break
which exceeds 12 months, or any safety member who has completed 20
years of service regardless of age, may be retired upon filing with
the board a written application setting forth the date upon which he
or she desires his or her retirement to become effective which shall
be not more than 60 days after the date of filing the application.
This section shall not be operative in any county until such time
as the board of supervisors shall, by ordinance, make this section
applicable in the county.

31663.3. Notwithstanding any other provision of law, in any county
having a population in excess of 199,000 but less than 200,000 as
determined by Section 28020 as amended in 1961, an undersheriff upon
attaining the age of 70 shall thereafter be employed from year to
year at the discretion of the county.

31664. Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal the fraction of
one-fiftieth of the member's final compensation set forth opposite
his or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
current service or years of current and prior service with which the
member is entitled to be credited at retirement, but in no event
shall the total retirement allowance exceed the limitation of the
safety member's final compensation as set forth in Section 31676.1 as
it now reads or may hereafter be amended to read:

Age at retirement Fraction
41 ........................... .6258
41 1/4 ........................ .6350
41 1/2 ........................ .6442
41 3/4 ........................ .6533
42 ........................... .6625
42 1/4 ........................ .6720
42 1/2 ........................ .6814
42 3/4 ........................ .6909
43 ........................... .7004
43 1/4 ........................ .7102
43 1/2 ........................ .7200
43 3/4 ........................ .7299
44 ........................... .7397
44 1/4 ........................ .7499
44 1/2 ........................ .7601
44 3/4 ........................ .7703
45 ........................... .7805
45 1/4 ........................ .7910
45 1/2 ........................ .8016
45 3/4 ........................ .8121
46 ........................... .8226
46 1/4 ........................ .8339
46 1/2 ........................ .8452
46 3/4 ........................ .8566
47 ........................... .8678
47 1/4 ........................ .8780
47 1/2 ........................ .8882
47 3/4 ........................ .8983
48 ........................... .9085
48 1/4 ........................ .9194
48 1/2 ........................ .9304
48 3/4 ........................ .9413
49 ........................... .9522
49 1/4 ........................ .9641
49 1/2 ........................ .9761
49 3/4 ........................ .9880
50 ........................... 1.0000
50 1/4 ........................ 1.0130
50 1/2 ........................ 1.0259
50 3/4 ........................ 1.0387
51 ........................... 1.0516
51 1/4 ........................ 1.0656
51 1/2 ........................ 1.0796
51 3/4 ........................ 1.0937
52 ........................... 1.1078
52 1/4 ........................ 1.1231
52 1/2 ........................ 1.1384
52 3/4 ........................ 1.1538
53 ........................... 1.1692
53 1/4 ........................ 1.1859
53 1/2 ........................ 1.2028
53 3/4 ........................ 1.2195
54 ........................... 1.2366
54 1/4 ........................ 1.2547
54 1/2 ........................ 1.2730
54 3/4 ........................ 1.2915
55and over .................... 1.3099

The fraction herein set forth shall be used until adjusted by each
board for its retirement system in accordance with the interest and
mortality tables adopted by that board.
Contributions shall not be made by safety members having credit
for 30 years of continuous service.

31664.1. (a) This section may be made applicable in any county on
the first day of the month after the board of supervisors of the
county adopts, by majority vote, a resolution providing that this
section shall become applicable in the county.
(b) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal 3 percent of
the member's final compensation set forth opposite his or her age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement. In no event shall the total
retirement allowance exceed the limitation of the safety member's
final compensation as set forth in Section 31676.1, as it now reads
or may hereafter be amended to read.

Age
at
Retirement Fraction
41 .............................. .6258
41 1/4........................... .6350
41 1/2........................... .6442
41 3/4........................... .6533
42 .............................. .6625
42 1/4........................... .6720
42 1/2........................... .6814
42 3/4........................... .6909
43 .............................. .7004
43 1/4........................... .7102
43 1/2........................... .7200
43 3/4........................... .7299
44 .............................. .7397
44 1/4........................... .7499
44 1/2........................... .7601
44 3/4........................... .7703
45 .............................. .7805
45 1/4........................... .7910
45 1/2........................... .8016
45 3/4........................... .8121
46 .............................. .8226
46 1/4........................... .8339
46 1/2........................... .8452
46 3/4........................... .8586
47 .............................. .8678
47 1/4........................... .8780
47 1/2........................... .8882
47 3/4........................... .8983
48 .............................. .9085
48 1/4........................... .9194
48 1/2........................... .9304
48 3/4........................... .9413
49 .............................. .9522
49 1/4........................... .9641
49 1/2........................... .9761
49 3/4........................... .9880
50 and over ..................... 1.0000

(c) Contributions shall not be made by safety members having
credit for 30 years of continuous service.

31664.15. Notwithstanding any other provisions of this chapter, a
safety member who enters the system with credit for prior service and
retires upon completion of 20 years of continuous service and a
total of 25 years of service after attaining age 50 whose retirement
allowance is less than one-half of his or her final compensation, his
or her prior service pension shall be increased so as to cause his
or her total retirement allowance to amount to one-half of that final
compensation.

31664.2. (a) This section may be made applicable in any county on
the first day of the month after the board of supervisors of the
county adopts, by majority vote, a resolution providing that this
section shall become applicable in the county.
(b) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal 3 percent of
the member's final compensation set forth opposite his or her age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement. In no event shall the total
retirement allowance exceed the limitation of the safety member's
final compensation as set forth in Section 31676.1, as it now reads
or may hereafter be amended to read.

Age
at
Retirement Fraction
41 .............................. .4777
41 1/4........................... .4848
41 1/2........................... .4918
41 3/4........................... .4987
42 .............................. .5058
42 1/4........................... .5130
42 1/2........................... .5202
42 3/4........................... .5274
43 .............................. .5347
43 1/4........................... .5422
43 1/2........................... .5497
43 3/4........................... .5572
44 .............................. .5647
44 1/4........................... .5725
44 1/2........................... .5803
44 3/4........................... .5881
45 .............................. .5958
45 1/4........................... .6039
45 1/2........................... .6120
45 3/4........................... .6200
46 .............................. .6280
46 1/4........................... .6366
46 1/2........................... .6452
46 3/4........................... .6555
47 .............................. .6625
47 1/4........................... .6703
47 1/2........................... .6781
47 3/4........................... .6858
48 .............................. .6936
48 1/4........................... .7019
48 1/2........................... .7103
48 3/4........................... .7186
49 .............................. .7269
49 1/4........................... .7360
49 1/2........................... .7452
49 3/4........................... .7543
50 .............................. .7634
50 1/4........................... .7733
50 1/2........................... .7832
50 3/4........................... .7930
51 .............................. .8028
51 1/4........................... .8135
51 1/2........................... .8242
51 3/4........................... .8349
52 .............................. .8457
52 1/4........................... .8574
52 1/2........................... .8691
52 3/4........................... .8808
53 .............................. .8926
53 1/4........................... .9053
53 1/2........................... .9182
53 3/4........................... .9310
54 .............................. .9418
54 1/4........................... .9579
54 1/2........................... .9718
54 3/4........................... .9860
55 and over ..................... 1.0000

(c) Contributions shall not be made by safety members having
credit for 30 years of continuous service.

31664.3. This section shall apply in any county having a population
in excess of 2,000,000. A safety member shall receive no credit for
prior service subsequent to June 30, 1921, and prior to January 1,
1938, in calculating a retirement allowance pursuant to this article
unless prior to January 1, 1952, he files with the board his written
election to pay into the retirement fund six dollars ($6) for each
month of prior service for which he claims credit. If a safety member
files an election pursuant to this section and has accumulated
contributions to his credit as of December 31, 1937, which with
interest to December 31, 1951, are less than payments due for prior
service credit subsequent to June 30, 1921, the amount due or balance
thereof shall be paid by additional salary deductions in the amounts
specified by the member but in no case less than six dollars ($6)
per month. The total amount due shall be paid prior to the effective
date of his retirement. If the accumulated contributions with
interest exceed the amount due for prior service credit the balance
shall be refunded.

31664.4. Any person who elects to become a safety member who was a
former member of a retirement system established pursuant to Chapter
3 or Chapter 5 shall have his contributions to the retirement
association for membership service prior to January 1, 1952,
calculated by the same rates and under the same conditions as those
applicable to a member of the retirement system established pursuant
to Chapter 4.

31664.5. Notwithstanding any other provisions of this chapter, a
safety member may exercise the option of retiring upon completion of
25 years of service, and if such option is exercised, the safety
member shall receive a retirement allowance equal to no less than 30
percent of his final compensation.

31664.65. If a member retires with credit for time during which he
or she was not a safety member or a member of a system established
pursuant to either Chapter 4 (commencing with Section 31900) or
Chapter 5 (commencing with Section 32200), he or she shall receive
for that time:
(a) A retirement allowance calculated pursuant to Section 31664
for time during which he or she was employed principally in active
law enforcement or active fire suppression as described in Section
31470.2 or Section 31470.4 by a county, or by a district or court
organized or existing within such county, or was a member of a system
established pursuant to either Chapter 4 (commencing with Section
31900) or Chapter 5 (commencing with Section 32200), plus a
retirement allowance calculated under either subdivision (b) or (c),
whichever is applicable.
(b) A retirement allowance calculated pursuant to Section 31664
for all prior county service with such county, and for any public
service credit for which the member has elected to receive pursuant
to Section 31641.1 or 31641.5.
This subdivision shall apply only to a member who, when the board
of supervisors pursuant to Section 31695.1 provides that provisions
of this chapter relating to safety members shall apply to all
employees of the county whose principal duties consist of active law
enforcement or active fire suppression as defined in Section 31470.2
or 31470.4, was employed by the county principally in active law
enforcement or active fire suppression as defined by such sections
and who elected to be included within such safety member provisions
at the time and in the manner prescribed by Section 31695.2.
(c) A retirement allowance calculated pursuant to Article 8
(commencing with Section 31670) for time during which he or she was
not engaged principally in active law enforcement or active fire
suppression as described in Section 31470.2 or 31470.4, nor a member
of a system established pursuant to either Chapter 4 (commencing with
Section 31900) or Chapter 5 (commencing with Section 32200).
This subdivision shall apply to any member to whom subdivision (b)
is not applicable.
The provisions of this section shall be applicable irrespective of
whether a member is, at the time of retirement, a safety member or a
general member.