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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 3§ 31536 Retirement Appeal Attorney Fees

§ 31536 Retirement Appeal Attorney Fees

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

§ 31536 Retirement Appeal Attorney Fees

Key Takeaways

  • •If a court says 'yes' to your retirement or survivor benefits after the board said 'no', the court can make the board pay your lawyer fees.
  • •The board has to pay these fees, not the people on the board from their own pockets.
  • •This is only if you win your appeal in court.

Example

If you apply for retirement benefits and the board says no, but you take it to court and win, the court can make the board pay your lawyer fees.

This means you don't have to pay your lawyer yourself if you win the case against the board.

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

Official Source
View on CA.gov

§ 31536 Retirement Appeal Attorney Fees

If a superior court reverses the denial by the board of an application for a retirement allowance, or for a survivor’s allowance based on such allowance, or for a claim based on a claimed pension right or benefit, the superior court in its discretion may award reasonable attorney’s fees as costs to the member or beneficiary of the member who successfully appealed the denial of such application. Such costs shall be assessed against the board, shall be considered a cost of administration, and shall in no event become a personal liability of any member of the board. (Added by Stats. 1978, Ch. 556.)

Last verified: January 22, 2026

Key Terms

allowanceretirementliabilitybenefitsclaimappealsurvivorpension

Related Statutes

  • § 31539 Retirement Benefit Error Correction
  • § 31681.1 Retirement Allowance Adjustment
  • § 31785.5 Survivor Allowance Adjustment Rules
  • § 31452 Pension Benefits Tax Exemption
  • § 31452.5 Retiree Benefit Payment Authorization

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31536.
View Official Source