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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 1.6§ 31496 County Optional Retirement Plan

§ 31496 County Optional Retirement Plan

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

§ 31496 County Optional Retirement Plan

Key Takeaways

  • •This law creates a special retirement plan called Retirement Plan 3 for workers in certain small counties.
  • •The county must agree with workers and vote to use this plan instead of the usual retirement rules.
  • •Workers who join this plan don’t have to pay into it themselves—it’s all paid by the county.
  • •If this plan’s rules conflict with other retirement rules, this plan’s rules win.

Example

A small county wants to offer a new retirement plan to its workers.

The county leaders and workers agree on Retirement Plan 3, and the county votes to use it. Now, new workers and those who switch to this plan get their retirement benefits based on these new rules instead of the old ones.

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

Official Source
View on CA.gov

§ 31496 County Optional Retirement Plan

(a) The retirement plan created by this article shall be known as Retirement Plan 3. (b) This article shall be applicable in the retirement system of any county of the 10th class, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) of this chapter shall not be applicable. (2) Article 10 (commencing with Section 31720) of this chapter shall not be applicable. (3) Article 11 (commencing with Section 31760) of this chapter shall not be applicable. (4) Article 12 (commencing with Section 31780) of this chapter shall not be applicable. (5) Article 16.5 (commencing with Section 31870) of this chapter shall not be applicable. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Any amendments to or modifications of this chapter subsequent to the effective date of this article shall not affect the provisions of this article unless mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1982, Ch. 1381, Sec. 1.)

Last verified: January 22, 2026

Key Terms

retirementdisabilityresolutionbenefitsemployeedeathpensionmajority

Related Statutes

  • § 31486 County Optional Retirement Plan
  • § 31498.3 Retirement Plan Transfer Rules
  • § 31499 County Optional Retirement Plan
  • § 31499.10 County Optional Retirement Plan
  • § 31520.4 Retirement Board Member Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31496.
View Official Source