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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 1.5§ 31490 Public Service Credit Restrictions

§ 31490 Public Service Credit Restrictions

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 31490 Public Service Credit Restrictions

Key Takeaways

  • •You can't get retirement credit for public service jobs you had before joining this retirement plan, unless there's a special rule that says you can.
  • •If you're sick or hurt and get disability benefits from your job, it doesn't count as quitting—your retirement time keeps going.
  • •If you take up to a year off without pay, or your boss approves your leave, it doesn’t stop your retirement time. But if you don’t get paid at all during that time, it won’t count toward your retirement benefits.

Example

A teacher worked for a different school district before joining this retirement plan. Now they want to count those old years toward their pension.

The teacher can’t add those old years to their pension unless there’s a special agreement. But if they take a year off for surgery and get disability pay, that time still counts toward their retirement.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 31490 Public Service Credit Restrictions

(a) Except as provided in Sections 31490.5 and 31494, and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for that public service time, and shall not receive credit for that prior public service. (b) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by a disability plan provided by the employer, shall not be considered as breaking the continuity of service. (c) For the purposes of subdivision (b) of Section 31491, an unpaid leave of absence of not to exceed one year, or a leave of absence for which an employee receives any benefit that has been approved by the employer, shall not be considered an interruption of service. However, a payroll period in which no compensation is received by a member shall not be considered as service in calculating the benefits otherwise provided under this article. (Amended by Stats. 2010, Ch. 86, Sec. 2. (AB 1902) Effective January 1, 2011.)

Last verified: January 22, 2026

Key Terms

retirementdisabilityterminationemploymentfinebenefitsemployeremployee

Related Statutes

  • § 31497 Public Service Credit Restrictions
  • § 31499.12 Member Contribution Refund Rules
  • § 31499.2 No General Contributions
  • § 31511.11 County Employee Retirement Plan
  • § 31511.3 Service Continuity Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31490.
View Official Source