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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 13§ 31801 Social Security Participation Authorization

§ 31801 Social Security Participation Authorization

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

§ 31801 Social Security Participation Authorization

Key Takeaways

  • •This law lets certain workers join Social Security without losing their local retirement benefits.
  • •If a worker's job is part of a deal between the state and federal government, this law overrides other rules to make sure they can get Social Security.
  • •Police and firefighters must all join Social Security together as a group if they want to be included.
  • •Police and firefighters get to vote separately on whether to join Social Security.

Example

A group of firefighters wants to join Social Security.

All firefighters in their department must join together as one group. They can't join one by one. They also get to vote on this separately from other workers.

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

Official Source
View on CA.gov

§ 31801 Social Security Participation Authorization

It is the intent of the Legislature that the enactment of this article shall authorize persons in positions covered by a retirement system pursuant to this chapter to participate in the federal old age and survivors insurance provisions of the Social Security Act without jeopardizing the continued maintenance of their local system. To this end and notwithstanding any other provisions of this chapter, the provisions of this article, when made applicable by resolution of the governing board, shall supersede or modify any inconsistent provision in this chapter in its application to every member whose position is included in an agreement between the state and federal government for coverage under the old age and survivors insurance provisions of the Social Security Act. The provisions of this chapter are not repealed by this article, however, and except as superseded or modified by this article in their application to members who are covered by old age and survivors insurance, they shall continue to be fully effective and operative. Nothing in this article shall authorize the extension of the federal system to service in any policeman’s or fireman’s position covered by a separate retirement system unless all of the policemen or firemen are included as a unit without any division of their separate retirement system. When federal benefits are to be extended to any fireman’s or policeman’s position pursuant to this part they shall vote separately from other members of such system in all cases without regard to their classification as miscellaneous members or otherwise, and notwithstanding Section 22009.1, such system shall constitute a separate retirement system with respect to the positions of policemen or firemen, or both, covered by the system. (Amended by Stats. 1961, Ch. 1033.)

Last verified: January 22, 2026

Key Terms

retirementinsuranceagreementsecurityresolutionbenefitsfirecoverage

Related Statutes

  • § 31800 County Social Security Adoption
  • § 31800.5 County Social Security Conversion
  • § 31808.6 Safety Member Retirement Calculation
  • § 31808.7 Retirement Allowance Calculation Options
  • § 31808.9 Retirement Allowance Calculation Options

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31801.
View Official Source