Code Section Group

Government Code - GOV

TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655]

  ( Title 8 added by Stats. 1953, Ch. 206. )

CHAPTER 6. Provisions Relating to Trial Courts [71002 - 71386]

  ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. )

ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305]
  ( Article 8 added by Stats. 1953, Ch. 206. )

71300.
  

As used in this article “marshal” or “constable” means the marshal or the constable and any deputy marshal or deputy constable actively employed in the performance of duties as deputy marshal or constable. Other employees, such as clerks, bookkeepers, stenographers, or persons who may be appointed deputy marshal or constable but who do not perform the duties of such office, and persons holding honorary appointments as deputies but who receive no compensation and who do not regularly perform official duties are not included in this definition.

(Amended by Stats. 1953, Ch. 255.)

71301.
  

The purpose of this article is to recognize a public obligation to the marshal and constable, whose duties expose them to more than ordinary risk and this article is designed to provide an additional element of compensation in consideration for the duties performed by such persons.

(Added by Stats. 1953, Ch. 206.)

71302.
  

In addition to the compensation and allowances, there shall be allowed to the marshal and constable the right to a pension or retirement annuity in the same manner and amount and under the same terms and conditions as provided by law for county and township peace officers.

(Added by Stats. 1953, Ch. 206.)

71303.
  

Where a county and township peace officers’ retirement or pension system is established, the marshal and constable shall be included in the system and, for the purpose of carrying out this article and enabling them to benefit thereby, they shall be deemed to be county employees for this purpose and the pension provided and payable to the marshal and constable is a legal charge against the county, subject to the provisions of such county and township peace officers’ retirement or pension system.

(Added by Stats. 1953, Ch. 206.)

71304.
  

In computing the length of service of any person entitled to the benefits of a pension or retirement annuity pursuant to this article, there shall be counted the time such person has served in a similar capacity with regard to his duties as an officer of any superseded court in the county, or that he may have served as a peace officer, as defined in the county and township peace officers’ pension or retirement act in the county. The service shall be continuous service as provided in such county or township peace officers’ pension or retirement act.

(Added by Stats. 1953, Ch. 206.)

71305.
  

The retirement annuity or pension provided by this article shall be granted to the marshal and constable only if in the county where the superior court is located there is provided a retirement annuity or pension for county and township peace officers who perform duties of the same character as those performed by the marshal and constable.

(Amended by Stats. 2002, Ch. 784, Sec. 354. Effective January 1, 2003.)

GOVGovernment Code - GOV8