0 chapters · 15,253 sections in this title.
Gov. Code § 31739.5 Section 31739.5
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The provision in Section 31681.8, when adopted or readopted, shall apply to members of this system or a superseded system who retired for disability, except that payments to a member of this system or a superseded system who retired for service-connected disability or to the surv…
Gov. Code § 31740 Section 31740
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In any county which has implemented the provisions of Article 15.6 (commencing with Section 31855), any member who is thereafter retired for disability shall receive a supplemental disability retirement allowance in the sum of three hundred dollars ($300) per month in addition to…
Gov. Code § 31751 Section 31751
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Notwithstanding any other provision of law: (a) (1) The Board of Supervisors of Contra Costa County may make this section, Tier Two, applicable to officers and employees of the county, by adopting a resolution specifying the future operative date of its application. (2) After the…
Gov. Code § 31752 Section 31752
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This section shall apply to members subject to Section 31751. Notwithstanding any other provision of this chapter, the current service pension or the current service pension combined with the prior service pension is an additional pension for members purchased by the contribution…
Gov. Code § 31755 Section 31755
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(a) (1) The Board of Supervisors of Contra Costa County may make this section, Tier Three, applicable to officers and employees for whom it is the governing body, by adopting an ordinance specifying the future operative date of its application. (2) As used in this section, “Tier …
Gov. Code § 31755.1 Section 31755.1
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Notwithstanding any other provision of law: (a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resoluti…
Gov. Code § 31755.2 Section 31755.2
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Notwithstanding any other provision of law: (a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resoluti…
Gov. Code § 31755.3 Section 31755.3
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Notwithstanding any other provision of law: (a) (1) The Board of Supervisors of Contra Costa County may, pursuant to a memorandum of understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1), adopt a resoluti…
Gov. Code § 31755.4 Section 31755.4
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(a) The Board of Supervisors of Contra Costa County may, by adopting an ordinance, make this section applicable to officers and employees for whom the board is the governing body. (b) This section shall not apply to any officer or employee who is a safety member. (c) Notwithstand…
Gov. Code § 31760 Section 31760
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(a) Except as provided in subdivisions (b) and (c), until the first payment of any retirement allowance is made, a member or retired member, in lieu of the retirement allowance for the member’s life alone, may elect to have the actuarial equivalent of their retirement allowance a…
Gov. Code § 31760.1 Section 31760.1
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Upon the death of any member after retirement for service or non-service-connected disability from a retirement system established in a county subject to the provisions of Section 31676.1, 60 percent of the member’s retirement allowance, if not modified in accordance with one of …
Gov. Code § 31760.11 Section 31760.11
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Notwithstanding Section 31760.1, upon the death after retirement of any member covered under Section 31751, 60 percent of the member’s retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued throughout…
Gov. Code § 31760.12 Section 31760.12
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Notwithstanding Section 31760.1, each survivor allowance paid pursuant to Section 31760.1 on account of a member who retires on or after the operative date of this section shall be equal to 65 percent of the member’s monthly retirement allowance, if not modified in accordance wit…
Gov. Code § 31760.13 Section 31760.13
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(a) Notwithstanding Section 31760.1, each survivor allowance paid on or after the operative date of this section pursuant to Section 31760.1 on account of a member who retires before the operative date of this section shall be equal to 65 percent of the member’s monthly retiremen…
Gov. Code § 31760.2 Section 31760.2
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(a) Notwithstanding Section 31481 or 31760.1, upon the death of any member after retirement for service or non-service-connected disability from a retirement system established in a county pursuant to this chapter, 60 percent of the member’s retirement allowance, if not modified …
Gov. Code § 31760.3 Section 31760.3
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The sole purpose of this section is to notify the current spouse of the selection of benefits or change of beneficiary made by a member. Nothing in this section is intended to conflict with community property law. An application for a refund of the member’s accumulated contributi…
Gov. Code § 31760.5 Section 31760.5
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(a) Notwithstanding Section 31760 and in lieu of the retirement allowance and the continuing or survivor allowance, if any, otherwise payable to a retired member and his or her surviving spouse pursuant to this article, a member may elect in writing to have the actuarial equivale…
Gov. Code § 31760.7 Section 31760.7
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(a) A retired member, in order to provide for his or her domestic partner, shall be entitled to elect or change any optional retirement allowance pursuant to this article, if all of the following criteria are satisfied: (1) The member retired on or before January 1, 2006. (2) At …
Gov. Code § 31760.8 Section 31760.8
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(a) Notwithstanding Section 31782, a retired member, in order to provide for his or her spouse, shall be entitled to revise the designated beneficiary of an optional settlement elected pursuant to Section 31762, 31763, or 31764 at the time of retirement, if all of the following c…
Gov. Code § 31761 Section 31761
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Optional settlement 1 consists of the right to elect in writing to have a retirement allowance paid to the member until the member’s death and, if the member dies before receiving in annuity payments the amount of the member’s accumulated contributions at retirement, to have the …
Gov. Code § 31762 Section 31762
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Optional settlement 2 consists of the right to elect in writing to have a retirement allowance paid to the member until the member’s death, and thereafter to the natural person, having an insurable interest in the member’s life, as the member nominates by written designation duly…
Gov. Code § 31763 Section 31763
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Optional settlement 3 consists of the right to elect in writing to have a retirement allowance paid to the member until the member’s death, and thereafter to have one-half of the member’s retirement allowance paid to the natural person, having an insurable interest in the member’…
Gov. Code § 31764 Section 31764
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Optional settlement 4 consists of the right to elect in writing to have a retirement allowance paid to the member until the member’s death and thereafter to have other benefits as are approved by the board, upon the advice of the actuary, continued throughout the life of and paid…
Gov. Code § 31764.5 Section 31764.5
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(a) At retirement, a member who elects an optional settlement pursuant to Section 31762, 31763, or 31764 may elect to reduce his or her allowance to provide that if the named beneficiary predeceases the member, the member’s allowance shall be adjusted to the amount he or she woul…
Gov. Code § 31764.6 Section 31764.6
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(a) Notwithstanding Sections 31481 and 31760, optional settlement 5 consists of a retired member’s right to elect in writing to have his or her retirement allowance reduced and to designate his or her spouse who is not otherwise eligible to receive a survivor allowance. The survi…
Gov. Code § 31764.7 Section 31764.7
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(a) Notwithstanding any other provision of this chapter, if a retired member elects to have his or her retirement allowance reduced pursuant to Section 31764.6 and if, thereafter, the member’s spouse predeceases the member, the member’s allowance shall be adjusted to the amount h…
Gov. Code § 31765 Section 31765
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Upon the death of a member who was eligible to retire, in circumstances in which a death benefit is payable under Article 12, if the deceased member has designated as beneficiary the member’s spouse who survives the member by not less than 30 days, such surviving spouse may elect…
Gov. Code § 31765.1 Section 31765.1
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Upon the death of any member of a retirement system established in a county subject to the provisions of Section 31676.1 or Section 31695.1, eligible for retirement pursuant to Article 7.5, 8, or 8.7 who leaves a spouse designated as beneficiary, such surviving spouse may, in lie…
Gov. Code § 31765.11 Section 31765.11
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Notwithstanding Sections 31765 and 31765.1, upon the death of any member covered under Section 31751 who was either eligible for retirement or would have been entitled to disability retirement but died prior to such retirement and who leaves a spouse, such surviving spouse may, i…
Gov. Code § 31765.2 Section 31765.2
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Notwithstanding Section 31765.1, each survivor allowance paid pursuant to Section 31765.1 on account of a member who dies on or after the operative date of this section shall be equal to 65 percent of the monthly retirement allowance to which the deceased member would have been e…
Gov. Code § 31765.3 Section 31765.3
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(a) Notwithstanding Section 31765.1, each survivor allowance paid on or after the operative date of this section pursuant to Section 31765.1 on account of a member who dies before the operative date of this section shall be equal to 65 percent of the monthly retirement allowance …
Gov. Code § 31768 Section 31768
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Notwithstanding any other provision of this chapter to the contrary, the board may, by a resolution adopted, pursuant to both this section and Section 31792, by a majority vote and with respect only to persons who first become members on or after the effective date of the resolut…
Gov. Code § 31770 Section 31770
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This article shall be known and may be cited as the “Deferred Retirement Option Program.”
Gov. Code § 31770.1 Section 31770.1
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(a) The Deferred Retirement Option Program is hereby created to provide eligible members who elect to participate in the program access to a lump sum, or in some cases, additional monthly payments for a specified period in addition to a monthly retirement allowance. (b) The desig…
Gov. Code § 31770.2 Section 31770.2
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Unless the context otherwise requires, the definitions contained in this section govern the construction of this article: (a) “DROP” or “program” means the Deferred Retirement Option Program established by this article, as adopted by a county or district. (b) “Election date” mean…
Gov. Code § 31770.3 Section 31770.3
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(a) This article, or selected provisions of this article, shall become effective in any county or district only when the county board of supervisors or governing board of the district adopts an ordinance or resolution providing for that implementation. The board of supervisors or…
Gov. Code § 31770.4 Section 31770.4
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(a) The board shall, upon the request of, and before adoption of, the implementing ordinance by the county board of supervisors or governing board of the district, cause an actuarial analysis to be conducted to determine whether the program, as proposed to be adopted, will be cos…
Gov. Code § 31770.5 Section 31770.5
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(a) The implementing ordinance shall establish the eligibility requirements for participation in the program, subject to this section and the collective bargaining agreement. The ordinance shall specify the minimum age and the minimum and maximum, if any, years of service credit …
Gov. Code § 31770.6 Section 31770.6
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(a) Upon adoption of the implementing ordinance, the retirement system shall establish procedures for notifying members of their rights under the program. (b) Each member, before electing to participate in the program, shall be given written information regarding how benefits und…
Gov. Code § 31770.7 Section 31770.7
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The right of a participant to benefits under the program is not subject to execution or any other process, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and is unassignable except as specifically provided under this chapter.
Gov. Code § 31770.8 Section 31770.8
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The rights of a participant or his or her spouse under the program shall be subject to any applicable provisions of law or court orders relating to dissolution of marriage, division of community property, and child or spousal support.
Gov. Code § 31771 Section 31771
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The provisions of this section to Section 31776.5, inclusive, shall be referred to collectively as the “forward DROP provisions.”
Gov. Code § 31771.1 Section 31771.1
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(a) Any member who elects to participate in the forward DROP provisions of the program shall make the election on a form prescribed and retained by the board. On that form the member shall do all of the following: (1) Designate a program period that will not exceed 60 months of e…
Gov. Code § 31771.2 Section 31771.2
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(a) On and after the election date, the participant shall cease to accrue retirement benefits under this chapter, and instead shall begin to accrue benefits under the program pursuant to the terms of this article, which benefits shall be credited to the participant’s program acco…
Gov. Code § 31771.3 Section 31771.3
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The implementing ordinance shall specify, based on the results of the actuarial analysis and the requirement that the program be cost neutral, as described in Section 31770.4, whether the employer shall be required to continue to make contributions to the system with respect to t…
Gov. Code § 31772 Section 31772
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(a) A program account shall be established within the system for each participant. No system assets shall be separately segregated for any program account. A participant may not have a claim on any specific assets of the system. (b) A participant’s program account shall be credit…
Gov. Code § 31772.1 Section 31772.1
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The board shall provide a statement to the participant that displays the value or balance of the participant’s program account and summarizes any credits to the account or other transactions that occurred after the immediately preceding valuation date. The statement of account sh…
Gov. Code § 31773 Section 31773
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(a) If a participant dies during the program period, he or she shall be deemed to have died while eligible for retirement and his or her benefits shall be calculated as if in active service, except as provided in subdivisions (b) and (c). (b) Benefits under Article 12 (commencing…
Gov. Code § 31774 Section 31774
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If a participant becomes eligible for disability retirement due to an injury or illness occurring during the program period or pursuant to Section 31720.5, 31720.6, or 31720.7, the participant shall elect to either: (a) Retire for disability, in which case the participant may app…
Gov. Code § 31775 Section 31775
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Participation in the program shall be terminated, and the member will not have a right or claim to any continuing benefits under the program upon the first occurrence of any of the following events: (a) Revocation of participation, as provided in subdivision (b) of Section 31771.…