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DIVISION 9. EXPENDITURE LIMITATIONS 7900-7914›PART 2. CIVIL SERVICE 31100-31117›CHAPTER 1. General 31200-31208›ARTICLE 3. Retirement Board 31520-31543

§ 31542

California Government Code · 2026-09 edition · updated 2026-09-27 · California

(a) The board shall establish a procedure for assessing and determining whether an element of compensation was paid to enhance a member’s retirement benefit. If the board determines that compensation was paid to enhance a member’s benefit, the member or the employer may present evidence that the compensation was not paid for that purpose. Upon receipt of sufficient evidence to the contrary, a board may reverse its determination that compensation was paid to enhance a member’s retirement benefits.

(b) Upon a final determination by the board that compensation was paid to enhance a member’s retirement benefit, the board shall provide notice of that determination to the member and employer. The member or employer may obtain judicial review of the board’s action by filing a petition for writ of mandate within 30 days of the mailing of that notice.

(c) Compensation that a member was entitled to receive pursuant to a collective bargaining agreement that was subsequently deferred or otherwise modified as a result of a negotiated amendment of that agreement shall be considered compensation earnable and shall not be deemed to have been paid to enhance a member’s retirement benefit.

(Added by Stats. 2012, Ch. 296, Sec. 29. (AB 340) Effective January 1, 2013.)

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