§ 31641.55
572 words·~3 min read·
/ca/government-code/31641-55A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A member described in Section 31470.4 who was in public service before becoming a member, and that service was terminated as a consequence of the closure, downsizing, or realignment of a federal military installation, may elect by written notice filed with the board to make contributions pursuant to subdivision
(b)and to receive credit in the retirement system for all allowed public service time.
(b)Any member described in subdivision
(a)who elects pursuant to subdivision
(a)to make contributions and receive service credit for time for which he or she claims credit because of public service shall contribute to the retirement fund, prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount equal to the sum of the following:
(1)The contributions he or she would have made to the retirement fund if he or she had been a member during the same length of time as that for which he or she has elected to receive service credit, computed by applying the rate of contribution first applicable to him or her upon commencement of his or her membership in this system to the monthly compensation first earnable by him or her at the time, multiplied by the number of months for which he or she has elected to receive service credit for public service.
(2)Interest at the current rate, as defined in Section 31641.51, from the date of his or her first membership in the system until the completion of payment of those contributions.
(c)The governing body by a majority vote may provide that it shall make part of the contributions specified in paragraphs
(1)and
(2)of subdivision
(b)on behalf of its members eligible to receive credit for public service under this section who so elect prior to filing an application for retirement.
(d)A member who has elected to make the payment in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. Any contributions made by a member pursuant to this section shall be considered and administered as normal contributions by the member.
(e)For purposes of this section, the following definitions shall apply:
(1)Notwithstanding Section 31478, “public agency” means the United States of America, this state, or any department or agency of either, or any city, county, city and county, special district, or other public or municipal corporation or political subdivision that is within this state or is situated in whole or in part within a county.
(2)Notwithstanding Sections 31479, 31479.2, and 31479.3, “public service” means service as a permanent career civilian federal firefighter or permanent career state firefighter in a position whose principal duties consist of active fire suppression or law enforcement, for which the officer or employee received compensation from the public agency, and with respect to which he or she is not entitled to receive credit in any retirement system supported wholly or in part by public funds after he or she becomes a member of this system.
(f)This section shall apply only to a county or district beginning on the first day of the month after the board of supervisors for that county or the governing body of a district adopts a resolution, by majority vote, that provides that this section shall apply to the county or district.