SECTIONS 32350-32365 - California Statutes

GOVERNMENT CODE

SECTION 32350-32365

32350. Whenever this chapter becomes operative in any county, the
board shall order that any person who has been duly appointed,
selected, or elected and qualified and has served as a forester,
firewarden, or fireman for 20 years or more in the aggregate for
which contributions provided for in this chapter have been made, and
who has reached age 60, or who thereafter completes such service and
attains age 60, shall be retired as of the first day of the
succeeding calendar month.

32351. Any person retiring for service shall receive a pension
payable in equal monthly installments during his lifetime, equal to
one-half of his terminal salary, not to exceed two hundred fifty
dollars ($250) a month. If a member is subject to the provisions of
Section 32341 and does not exercise the option provided for therein,
the amount shall not exceed one hundred fifty dollars ($150) per
month.

32352. Any member shall be retired for disability regardless of age
or amount of service, if incapacitated for the performance of duty
as the result of an injury or disease occurring in and arising out of
the course of his employment. Any member otherwise incapacitated for
the performance of duty shall be retired regardless of age, but only
after 10 years of service. Incapacity for performance of duty shall
be determined by the board. As used in this section, "service" means
only service for which contribution provided for in this chapter has
been made as a county forester, firewarden, or fireman.

32353. If a member who has served 15 years or more develops heart
trouble, it shall be presumed, in the absence of evidence to the
contrary, in any proceeding under this chapter by the board and by
the court, that such heart trouble is an injury or disease occurring
in and arising out of his employment.

32354. Upon retirement of a member for service connected
disability, he shall receive an annual pension, payable in equal
monthly installments, equal to one-half of his terminal salary, not
to exceed two hundred fifty dollars ($250) a month. If a member is
subject to the provisions of Section 32341 and does not exercise the
option provided for therein, the amount shall not exceed one hundred
fifty dollars ($150) per month.

32355. Whenever any member is killed, or dies, as a result of any
injury received during the performance of his duty, or from sickness
caused by the discharge of such duty, or after retirement for service
connected disability, an annual pension shall be paid in equal
monthly installments to his widow, or child, or children, in an
amount equal to one-half of his terminal salary, not to exceed two
hundred fifty dollars ($250) a month. The pension shall be paid to
the widow, during her lifetime or until she remarries. Thereafter, or
if there is no widow qualified to receive the pension, it shall be
paid to such of his children, through their guardian, as are under
eighteen years of age, to be equally divided among them in the
following amounts:

For one child...................... $50
For two children................... $75
For three or more children......... $100

A widow of a pensioner is not entitled to a pension unless she was
married to the deceased pensioner at least five years prior to the
date of his retirement. If the widow, widower, child, or children
marry, the pension paid to the person so marrying shall cease. If a
member is subject to the provisions of Section 32341 and does not
exercise the option provided for therein, the amount shall not exceed
one hundred fifty dollars ($150) per month.

32356. Upon retirement of a member for nonservice connected
disability, he shall receive an annual pension, payable in monthly
installments, dependent upon the aggregate length of his service, as
follows:
After 10 years but less than 12 years of service, seventy-five
dollars ($75) a month.
After 12 years but less than 14 years of service, eighty dollars
($80) a month.
After 14 years but less than 16 years of service, eighty-five
dollars ($85) a month.
After 16 years but less than 18 years of service, ninety dollars
($90) a month.
After 18 years but less than 20 years of service, ninety-five
dollars ($95) a month.
After 20 years of service, one hundred dollars ($100) a month.
A pension for nonservice connected disability shall not exceed
one-half of the terminal salary of the member.

32357. The board may require any member retired for disability,
under age 50, to undergo medical examination. The examination shall
be made by a physician, appointed by the board, at the place of
residence of the retired member or other place mutually agreed upon.
Upon the basis of such examination the board shall determine whether
the retired member is still physically or mentally incapacitated for
service in the position held by him at the time of his retirement.

32358. If the board determines that the retired member is not so
incapacitated, his pension shall be canceled forthwith, and pursuant
to regulations adopted by the county for the reinstatement or
reemployment of personnel, he is eligible for reinstatement to a
position in the class in which he was employed at time of retirement.

32359. If the pension is canceled, there shall be immediately paid
to the member out of the fund, the amount of his accumulated
contributions as of the date of his retirement and all interest
credited to his account, less an amount equal to one-half of the
pension payments made to him during the period of his retirement.

32360. If the retired member reenters county service and is
eligible for membership in this system, his rate of contribution for
future years is that established for his age at the time of reentry.
He shall receive credit for all service rendered by him prior to the
time of his disability retirement, if he deposits into the fund
within six months after his reinstatement an amount equal to that
paid to him upon cancellation of his pension.

32361. At any time before the first payment of any pension is made,
a member or beneficiary may elect to receive the actuarial
equivalent at that time of his pension in a lesser pension payable
throughout his life and that of his widow, widower or beneficiary, if
she or he survives him, in accordance with one of the following
options:
Option 1: Upon his death, such lesser pension shall be continued
throughout the life of and paid to his widow, widower or beneficiary.
Option 2: Upon his death, one-half of such lesser pension shall be
continued throughout the life of and paid to his widow, widower or
beneficiary.

32361.5. Any member may file with the board a written statement
nominating one or more beneficiaries, jointly, contingently, or both.
If joint beneficiaries are named, the board may pay the amount due
to any one of them, and the payment is a complete discharge.

32365. If, after the effective date of this section a member who
retired at any time after January 1, 1945, pays into the fund the
difference between what he did contribute and what he would have
contributed had Section 32322 always read as it now reads, and also
pays the interest which would have been accrued upon such difference,
then upon such payment, all retirement payments made subsequent to
such payment shall be calculated as if such member had retired
subsequent to the effective date of this section.