SECTIONS 50950-50952 - California Statutes

GOVERNMENT CODE

SECTION 50950-50952

50950. The Legislature finds and declares all of the following:
(a) The Volunteer Firefighters Length of Service Award System is
not a retirement system but an incentive program for volunteer
firefighters.
(b) The purpose of the award system can be achieved more
efficiently and at a lower cost than the current program by
transferring the award system and responsibility for administering
that system from the Board of Administration of the Public Employees'
Retirement System to the board of the California State Fire
Employees Welfare Benefit Corporation.
(c) On and after the date of the transfer or termination of the
award system, the Board of Administration of the Public Employees'
Retirement System shall have no responsibility to administer the
award system and shall take no action related to past, present, or
future obligations of administering the system. On and after the date
of the transfer or termination of the award system, the Board of
Administration of the Public Employees' Retirement System shall have
no liability related to the administration of the award system.
(d) Because trust fund moneys in the award system are to be used
for the exclusive benefit of the participants in the award system,
the Board of Administration of the Public Employees' Retirement
System shall not pay or transfer any trust fund moneys related to any
claims, demands, actions, damages, judgments, costs, charges, and
expenses, including, but not limited to, court costs and attorney's
fees, regarding claims arising out of or incurred as a result of the
transfer of the award system. However, nothing in this chapter shall
prevent the Board of Administration of the Public Employees'
Retirement System from charging and receiving administrative fees in
connection with transferring the administration of the award system
from the Board of Administration of the Public Employees' Retirement
System to the board of the California State Fire Employees Welfare
Benefit Corporation.
(e) It is the intent of the Legislature that the Board of
Administration of the Public Employees' Retirement System and the
board of the California State Fire Employees Welfare Benefit
Corporation work cooperatively with each other to transfer the
administration of the award system and establish systems and accounts
necessary to transfer participant information, assets, and
liabilities regarding the award system.
(f) The purpose of this chapter is to provide cities, counties,
cities and counties, or districts, that have fire departments with
volunteer firefighting members, the opportunity to offer these
members an award for life as an incentive. Nothing contained in this
chapter shall be deemed to supersede the provisions of existing state
law and the charters, ordinances, and rules of local public agencies
that establish and regulate the activities of these fire
departments. This chapter is intended, instead, to strengthen these
departments through the creation of an incentive for the volunteer to
respond to emergency calls and attend official department training
drills and meetings. It is the further intention of this chapter to
provide a means for local communities to bestow fitting reward and
recognition for long and faithful volunteer service.

50951. (a) This chapter establishes the Volunteer Firefighters
Length of Service Award System and may be cited as the Volunteer
Firefighters Length of Service Award Act.
(b) Notwithstanding any other contrary law, enrollment for an
award shall not be construed as a retirement, the receipt of an award
shall not be construed as the receipt of a retirement allowance or
benefit, and service credited under the Volunteer Firefighters Length
of Service Award System shall not be construed as service credited
to a retirement system for purposes of duplicating service credit or
benefits in other public retirement systems.

50952. For the purposes of this chapter, unless the context
otherwise requires, the definitions set forth below shall mean the
following:
(a) "Actuarial interest rate" means the interest rate fixed by the
board for purposes of actuarial valuation of the assets and
liabilities of the award system.
(b) "Annual interest rate" means the interest rate fixed by the
board for purposes of crediting interest.
(c) "Award" means monthly payments for life derived from
contributions by a department.
(d) "Award recipient" means a former member who satisfied all the
requirements as determined by the board to be eligible to receive an
award, and is receiving an award.
(e) "Award system" means the Volunteer Firefighters Length of
Service Award System established by this chapter.
(f) "Board" means the board of the California State Fire Employees
Welfare Benefit Corporation.
(g) "Certified prior service credit" means credit for service
performed prior to the contract operative date as certified by a
qualifications review commission. That prior service shall be
credited in the award system to the extent that prior service
qualifies as certified service credit pursuant to the rules and
regulations established by the board.
(h) "Certified service credit" means credit certified pursuant to
Section 50960 for services rendered by a member.
(i) "Contract operative date" means the first day of the month
next following the date on which the contract becomes effective.
(j) "Custodian of the fund" means a financial institution or other
entity that qualifies under the laws of this state to act as a
trustee of and establish a trust described in Internal Revenue
Service Revenue Procedure 92-64.
(k) "Department" means any of the following:
(1) A regularly organized fire department of a city, county, city
and county, or district having official recognition of the government
of the city, county, city and county, or district in which the
department is located.
(2) A regularly organized fire department of an unincorporated
town.
(l) "Fund" means an account or trust described in Internal Revenue
Service Revenue Procedure 92-64, which is maintained by the
custodian of the fund.
(m) "Member" means a volunteer of a department, the governing body
of which has contracted with the board under this chapter, and who
has been certified by a qualifications review commission as having
satisfied all the requirements for membership as set established by
the board. Membership, once established, continues indefinitely until
the award system is terminated and the funds disbursed pursuant to
50974.
(n) "Service credit" means the aggregate of certified service
credit.
(o) "Service year" means the period beginning July 1 and ending
June 30 of the following year.
(p) "Volunteer" means a person registered as a volunteer member of
a regularly organized fire department as defined in subdivision (k).