CA Gov't Code Section 31800.1

Notwithstanding any other provision of law, the board of supervisors in a county of the 10th class as described by Section 28031 may adopt, by majority vote, a resolution providing that:

(a)

Any general member employed by the county or any district included within the membership of the county retirement association shall have the option, at any time prior to retirement, of having his retirement allowance for service rendered after the date of his exercising this option calculated to equal the following:

(1)

The fraction of one-ninetieth of the first one thousand fifty dollars ($1,050) monthly of the member’s final compensation set forth in the table appearing in Section 31676.1 in the column applicable to the member’s age at retirement taken to the preceding completed quarter year multiplied by the number of years of creditable service as provided therein.

(2)

The fraction of one-sixtieth of any remaining portion of the member’s final compensation set forth in the table appearing in Section 31676.1 in the column applicable to the member’s age at retirement taken to the preceding completed quarter year multiplied by the number of years of creditable service. The retirement allowance payable for service rendered prior to the date of the member’s election shall be computed in accordance with the provisions of Section 31676.1. The retirement allowance payable for service performed after the effective date of the member’s election shall equal the total of paragraphs (1) and (2) of this subdivision. Any member who elects to have his retirement allowance so calculated shall have the definition of “final compensation” in Section 31462 or Section 31462.2, whichever is applicable, applied at the date of retirement regardless of previous service under the provisions of Section 31462.1.

(b)

Any safety member employed by the county or any district included within the membership of the county retirement association shall have the option, at any time prior to retirement, of having his retirement allowance for service rendered after the date of his exercising this option calculated to equal the following:

(1)

The fraction of one seventy-fifth of the first one thousand fifty dollars ($1,050) monthly of the member’s final compensation set forth in the table appearing in Section 31664 in the column applicable to the member’s age at retirement taken to the preceding completed quarter year multiplied by the number of years of creditable service as provided therein.

(2)

The fraction of one-fiftieth of any remaining portion of the member’s final compensation set forth in the table appearing in Section 31664 in the column applicable to the member’s age at retirement taken to the preceding completed quarter year multiplied by the number of years of creditable service. The retirement allowance payable for service rendered prior to the date of the safety member’s election shall be computed in accordance with the provisions of Section 31664. The retirement allowance payable for service performed after the effective date of the safety member’s election shall equal the total of paragraphs (1) and (2) of this subdivision. Any safety member who elects to have his retirement allowance so calculated shall have the definition of “final compensation” in Section 31462 or Section 31462.2, whichever is applicable, applied at the date of retirement regardless of previous service under the provisions of Section 31462.1.

(c)

Before permitting a member to exercise the option authorized by this section, the board of supervisors shall provide that member with a written explanation of the effect on the member’s retirement benefits and contributions of exercising that option. No member may rescind his action after exercising the option authorized in this section.

(d)

Any member who elects deferred retirement after becoming subject to the provisions of this section shall receive a retirement allowance determined in accordance with subdivision (a) or subdivision (b) of this section.

(e)

Any member who exercises the option authorized in this section shall continue to contribute as provided for in Article 6 (commencing with Section 31620) or Article 6.8 (commencing with Section 31639), of this chapter, whichever is applicable, a lesser amount as determined by an actuary.

(f)

Any member who exercises the option authorized in this section and who is also eligible and elects or has elected to receive credit in the retirement system for public service as provided in Section 31641.1 shall have the retirement allowance for such public service calculated as if he had not exercised the option authorized in this section.

(g)

Any member who exercises the option authorized in this section and who is also eligible and elects to receive the benefits of Section 31641.5, 31652, or 31831.1 shall have the retirement allowance for that service calculated in accordance with subdivisions (a) or (b) of this section. For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods which, in the aggregate, are reasonable and which, in combination, offer the actuary’s best estimate of anticipated experience under the system. Any additional employer contributions required under this section shall be computed as a level percentage of member compensation. The additional contribution rate required at the time this section is adopted shall not be less than the sum of (1) the actuarial normal cost, plus (2) the additional contribution required to amortize the increase in accrued liability attributable to benefits elected under this section over a period of not more than 30 years from the date this section becomes effective in the public agency’s contract.