CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2937Introduced by Assembly Member FongFebruary 21, 2020 An act to amend Sections 31726, 31726.5, and 31838 of the Government Code, relating to county employees retirement. LEGISLATIVE COUNSEL'S DIGESTAB 2937, as introduced, Fong. CERL: non-service-connected disability retirement.The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and death benefits to county and district employees. CERL prescribes the methods for calculating a non-service-connected disability retirement for different membership classifications and for the purpose of calculating reciprocal benefits. In these instances, the sum of allowance may vary depending on whether or not the retirement board finds, in its opinion, the members disability is due to intemperate use of alcoholic liquor or drugs, among other things. In this regard, CERL conditions the purchase of a disability retirement pension by county or district contributions on a finding by the board that the members disability is not the result of intemperate use of alcoholic liquor or drugs.This bill would create an optional provision, to be elected by a county board of supervisors by resolution adopted by majority vote, that would remove the retirement boards assessment regarding the intemperate use of alcoholic liquor or drugs as a condition on the purchase of a disability retirement pension by county or district contributions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 31726 of the Government Code is amended to read:31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.SEC. 2. Section 31726.5 of the Government Code is amended to read:31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.SEC. 3. Section 31838 of the Government Code is amended to read:31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2937Introduced by Assembly Member FongFebruary 21, 2020 An act to amend Sections 31726, 31726.5, and 31838 of the Government Code, relating to county employees retirement. LEGISLATIVE COUNSEL'S DIGESTAB 2937, as introduced, Fong. CERL: non-service-connected disability retirement.The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and death benefits to county and district employees. CERL prescribes the methods for calculating a non-service-connected disability retirement for different membership classifications and for the purpose of calculating reciprocal benefits. In these instances, the sum of allowance may vary depending on whether or not the retirement board finds, in its opinion, the members disability is due to intemperate use of alcoholic liquor or drugs, among other things. In this regard, CERL conditions the purchase of a disability retirement pension by county or district contributions on a finding by the board that the members disability is not the result of intemperate use of alcoholic liquor or drugs.This bill would create an optional provision, to be elected by a county board of supervisors by resolution adopted by majority vote, that would remove the retirement boards assessment regarding the intemperate use of alcoholic liquor or drugs as a condition on the purchase of a disability retirement pension by county or district contributions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2937
Introduced by Assembly Member FongFebruary 21, 2020
Introduced by Assembly Member Fong
February 21, 2020
An act to amend Sections 31726, 31726.5, and 31838 of the Government Code, relating to county employees retirement.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2937, as introduced, Fong. CERL: non-service-connected disability retirement.
The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and death benefits to county and district employees. CERL prescribes the methods for calculating a non-service-connected disability retirement for different membership classifications and for the purpose of calculating reciprocal benefits. In these instances, the sum of allowance may vary depending on whether or not the retirement board finds, in its opinion, the members disability is due to intemperate use of alcoholic liquor or drugs, among other things. In this regard, CERL conditions the purchase of a disability retirement pension by county or district contributions on a finding by the board that the members disability is not the result of intemperate use of alcoholic liquor or drugs.This bill would create an optional provision, to be elected by a county board of supervisors by resolution adopted by majority vote, that would remove the retirement boards assessment regarding the intemperate use of alcoholic liquor or drugs as a condition on the purchase of a disability retirement pension by county or district contributions.
The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and death benefits to county and district employees. CERL prescribes the methods for calculating a non-service-connected disability retirement for different membership classifications and for the purpose of calculating reciprocal benefits. In these instances, the sum of allowance may vary depending on whether or not the retirement board finds, in its opinion, the members disability is due to intemperate use of alcoholic liquor or drugs, among other things. In this regard, CERL conditions the purchase of a disability retirement pension by county or district contributions on a finding by the board that the members disability is not the result of intemperate use of alcoholic liquor or drugs.
This bill would create an optional provision, to be elected by a county board of supervisors by resolution adopted by majority vote, that would remove the retirement boards assessment regarding the intemperate use of alcoholic liquor or drugs as a condition on the purchase of a disability retirement pension by county or district contributions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 31726 of the Government Code is amended to read:31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.SEC. 2. Section 31726.5 of the Government Code is amended to read:31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.SEC. 3. Section 31838 of the Government Code is amended to read:31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 31726 of the Government Code is amended to read:31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
SECTION 1. Section 31726 of the Government Code is amended to read:
### SECTION 1.
31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:(a) The sum to which he or she the member would be entitled as service retirement.(b) A sum which shall consist of any of the following:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726. Upon retirement for non-service-connected disability a member who has attained age 65 years of age shall receive his or her the members service retirement allowance.
Every member under age 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:
(a) The sum to which he or she the member would be entitled as service retirement.
(b) A sum which shall consist of any of the following:
(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.
(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.
(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.
(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
SEC. 2. Section 31726.5 of the Government Code is amended to read:31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
SEC. 2. Section 31726.5 of the Government Code is amended to read:
### SEC. 2.
31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:(a) The sum to which he or she the member would be entitled to as service retirement; or(b) A sum which shall consist of:(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31726.5. Upon retirement for nonservice-connected disability a safety member who has attained age 55 years of age shall receive his or her the members service retirement allowance. Every safety member under age 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:
(a) The sum to which he or she the member would be entitled to as service retirement; or
(b) A sum which shall consist of:
(1) An annuity which is the actuarial equivalent of his or her the members accumulated contributions at the time of his or her the members retirement.
(2) If, Except as provided in subdivision (c), if in the opinion of the board, his or her the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the members part, a disability retirement pension purchased by contributions of the county or district.
(3) If, in the opinion of the board, his or her the members disability is not due to conviction of a felony or criminal activity which caused or resulted in the members disability, a disability retirement pension purchased by contributions of the county or district.
Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.
(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
SEC. 3. Section 31838 of the Government Code is amended to read:31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
SEC. 3. Section 31838 of the Government Code is amended to read:
### SEC. 3.
31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:(1) The sum to which he the member would be entitled as service retirement; or(2) A sum which shall consist of:(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.
31838. Every safety member under age 55 years of age years and every other member under age 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:
(1) The sum to which he the member would be entitled as service retirement; or
(2) A sum which shall consist of:
(a) An annuity which is the actuarial equivalent of his the members accumulated contributions at the time of his the members retirement, and
(b) If, Except as provided in subdivision (c), if in the opinion of the board, his the members disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his the members part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.
(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.