SECTIONS 31900-31913 - California Statutes

GOVERNMENT CODE

SECTION 31900-31913

31900. This chapter may be cited as the County Peace Officers'
Retirement Law.

31901. The purpose of this chapter is to recognize a public
obligation to employees in the public service whose duties expose
them to more than ordinary risks and to provide a means whereby such
public employees who become incapacitated in the performance of their
duties or by age may be replaced by more capable employees, to the
betterment of the public service without prejudice and without
inflicting a hardship upon the employees removed. The retirement
pension and benefits provided by this chapter are granted as an
additional element of compensation for future services.

31902. This chapter shall be given a liberal interpretation with a
view of carrying out its purpose and shall not be construed as a
local measure or one intended as a benefit to particular persons or
places.

31903. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.

31904. "County peace officers" includes:
(a) All sheriffs, undersheriffs, chief deputy sheriffs, jailers,
turnkeys, deputy sheriffs, bailiffs, process servers, constables,
deputy constables, motorcycle officers, its heads and assistant heads
of all divisions of the sheriff's office, and all their regularly
appointed deputies. Clerks, bookkeepers, stenographers, and other
employees who may have been appointed as deputy sheriffs but who do
not perform the duties of any of the peace officers enumerated and
honorary deputy sheriffs or other persons holding appointments as
deputy sheriffs who receive no compensation therefor and who do not
regularly perform particular official duties are not included.
(b) All county foresters, county fire wardens, deputy or assistant
county foresters, deputy or assistant county fire wardens, heads and
assistant heads of all divisions of any county forester's or county
fire warden's department, and all fire apparatus engineers, fire
prevention inspectors, forest firemen, fire patrolmen, fire observers
and foremen assigned to fire suppression crews, and all other
personnel not specifically excluded, who are assigned to fire
prevention and suppression in any county forester's or county fire
warden's department, and the officers, engineers, and firemen of any
county fire protection district, and all other personnel not
specifically excluded, who are assigned to fire prevention and
suppression in any county fire protection district. Clerks,
bookkeepers, stenographers, cooks, laborers, county fire protection
district volunteer employees or persons who are not employed for full
time duty, or other employees not performing the duties of any of
the persons enumerated and any honorary deputy county fire warden or
honorary deputy county forester, or voluntary fire warden holding
appointment as such but receiving no compensation therefor and not
regularly performing particular official duties are not included.

31904.5. "County peace officers" also includes detectives and
investigators in the office of the district attorney whose duties are
substantially similar to those of peace officers as defined in
subsection (a) of Section 31904.

31905. "Terminal salary" means the average salary earnable by any
member during (a) the last three years, or (b) the last five years
prior to the date of his retirement, whichever is the greater.

31906. "Pensioner" means a retired peace officer who is entitled,
because of his former service as a member, to receive a pension
pursuant to this chapter.

31907. "Member" means any person included in the membership of the
system who has not retired and is not receiving any pension or other
benefits provided by the retirement system.

31908. "Beneficiary" means any person in receipt of a pension, or
other benefit provided by the retirement system.

31909. "System" means the retirement system provided for in this
chapter or its predecessor.
The retirement system for county peace officers created by Chapter
268 of the Statutes of 1931, as amended, is continued in existence
under this chapter.

31910. "Board" means the board of retirement.

31911. "Fund" means the County Peace Officers' Retirement Fund.

31912. The title to all property acquired pursuant to this chapter
shall be taken in the name of the county. The title to any money
which becomes due to any peace officer shall not pass from the county
to the peace officer until he is entitled thereto under this
chapter.

31913. That portion of the wages of any peace officer deducted or
to be deducted under this chapter, the right of a peace officer or
other person to an annuity or pension, and all rights of the peace
officer or other person in the fund are exempt from taxation and
shall not be taken upon execution or other process of any court
except to the extent permitted by Section 704.110 of the Code of
Civil Procedure. An assignment of any right in or to the funds or to
any pension or annuity is void.