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HomeGovernment CodeDiv. 4Pt. 3Ch. 4Art. 6§ 32040 Military Service Contribution Refunds

§ 32040 Military Service Contribution Refunds

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

§ 32040 Military Service Contribution Refunds

Key Takeaways

  • •If you were in the military and paid into the retirement system during that time, you can get that money back.
  • •If you took out your retirement money while in the military and didn’t put it back after returning, the county might still help by adding money for you, and you’ll get credit for your military time like you never took the money out.
  • •The county’s extra money can only be used for retirement or if you get hurt and can’t work—you can’t take it out if you quit your job later.
  • •If you quit after coming back from the military, you can only take out the money you personally put in, not the county’s extra help.

Example

John was a police officer, then went to serve in the military for 2 years. While in the military, he took out $5,000 from his retirement savings. When he came back, he didn’t put the $5,000 back.

The county might decide to add money to John’s retirement to make up for the time he was in the military, even though he took money out. He’ll still get credit for those 2 years like he never took the money. But if John quits his job later, he can only take out the money he put in himself, not the extra money the county added.

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

Official Source
View on CA.gov

§ 32040 Military Service Contribution Refunds

If the board of supervisors elects to contribute as provided in Section 32039: (a) Any such member who exercises or did exercise the right to contribute to the system during the period of military service shall have such contributions refunded. (b) Any such member who withdraws or has withdrawn his accumulated contributions during his military service and who does not or did not redeposit the amount withdrawn upon his return to service as a peace officer is entitled to be credited with any contribution the board of supervisors elects to make, and to receive credit for service during the period he was absent on military service, the same as if he had not withdrawn his accumulated contributions, and his rate for future contributions shall be based upon his age at the commencement of his absence on military service. (c) The contributions made by the board of supervisors pursuant to this section shall be available only for the purpose of retirement for service or for disability, and shall be made available only for the purpose of retirement, and a member resigning from county service after reinstatement from military service shall be entitled to withdraw only that portion of his accumulated contributions personally made by him and which are subject to withdrawal under Section 32036. (Added by Stats. 1949, Ch. 481.)

Last verified: January 22, 2026

Key Terms

retirementdisabilitybenefitsportcontributioncommencementreinstatement

Related Statutes

  • § 32022 Member Contribution Rates
  • § 32024 Member Contribution Rate Limits
  • § 32061 Reentry Contribution And Credit
  • § 31629.5 Retirement Contribution Withdrawal Rights
  • § 32340 Military Service Contribution Refunds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 32040.
View Official Source