SECTIONS 31895-31898 - California Statutes

GOVERNMENT CODE

SECTION 31895-31898

31895. As used in this article "public agency" includes the federal
government or any federal department or agency, this state, any
other state or any state department or agency, a county, city, public
corporation, or public district of this state or any other state.
Section 31478 does not apply to this article.

31895.5. As used in this article, "total benefits" means the
retirement allowance or other benefit payable to any beneficiary
pursuant to the provisions of this chapter plus any other monetary
payments due to the same beneficiary from any public agency.

31896. If an increase in the retirement allowance or other benefit
payable to any beneficiary pursuant to the provisions of this
chapter, whether such increase begins prior or subsequent to the
effective date of this article, results in the decrease of the amount
of any monetary payments due to the same beneficiary from any public
agency, such retirement allowance or other benefit shall be so
reduced as to result in the maximum total benefits to such
beneficiary.

31896.5. If the statutes, ordinances, rules, regulations, or orders
of any public agency are so changed, or if for any other reason the
effect of the increase of the retirement allowance or other benefit
payable to any beneficiary pursuant to the provisions of this chapter
on the amount of any monetary payments due to the same beneficiary
by such public agency are changed, the board shall adjust such
retirement allowance or other benefit, but not to an amount greater
than otherwise authorized by this chapter so as to result in the
maximum total benefits to such beneficiary.

31897. The provisions of this article are mandatory and not subject
to option or election by any member or other beneficiary. Every such
beneficiary shall inform the board of all facts necessary in order
to comply with this article. The board shall ascertain such facts by
such procedures as it sees fit to adopt.

31897.5. If the board in good faith diligently seeks to ascertain
all facts necessary in order to comply with this article, but,
despite such effort, a payment of a retirement allowance or other
benefit to any beneficiary is made without having been reduced as
required by this article, neither the board, nor any member thereof,
nor any public officer nor public employee shall be liable for such
excess payment.

31897.6. The board shall deduct the amount of advanced disability
pension payments made to a local safety member pursuant to Section
4850.3 or 4850.4 of the Labor Code from the member's retroactive
disability pension payments. If the retroactive disability allowance
is not sufficient to reimburse the total advanced disability pension
payments, an amount no greater than 10 percent of the member's
monthly disability allowance shall be deducted and reimbursed to the
local agency until the total advanced disability pension payments
have been repaid. The local safety member and this system may agree
to any other arrangement or schedule for the member to repay the
advanced disability pension payments.

31898. A retirement allowance or other benefit payable to a
beneficiary pursuant to this chapter shall not be reduced pursuant to
this article if such reduction would impair the constitutional
rights of any person.