SECTIONS 31820-31823 - California Statutes

GOVERNMENT CODE

SECTION 31820-31823

31820. If benefits are payable under this chapter because of an
injury to, or the death of, a member of the retirement association,
and such injury or death is the proximate consequence of the act of
any person other than his employer, the board on behalf of the
retirement association may recover from such person an amount which
is the lesser of the following:
(1) An amount which is equal to one-half of the actuarial
equivalent of the benefits for which the association is liable
because of such injury or death; or
(2) An amount which is equal to one-half of the remaining balance
of the amount recovered after allowance of that amount which the
employer or its insurance carrier have paid or become obligated to
pay. The right shall be determined under the subrogation provisions
of any workmen's compensation law.

31821. The retirement association may join with the employer or its
compensation insurance carrier in any proceeding under this article.

31822. Any amount recovered by any of the parties shall be applied,
first, to the amounts which the employer or its insurance carrier
have paid or become obligated to pay, and second, to the amounts to
which the retirement association is entitled under the provisions of
Section 31820 hereof.

31823. Actions brought by the board under this article shall be
commenced within three years after the liability of the retirement
system to pay benefits is fixed. Liability of the retirement system
is fixed at the time the board approves the payment of benefits under
this chapter.