County Employees Retirement Law of 1937 (CERL) - sdcera

Earnings
Code No.
Title
None Park, Taxable
None Prior Salary
None Transportation Allow
None Traffic Mitigation
Any such additional item of remuneration may subsequently be included in
“compensation earnable” pursuant to a memorandum of understanding between a county of
the first class and any of its recognized employee organizations or a resolution adopted by its
board of supervisors.
(c) No item of remuneration included in “compensation earnable” as a result of the
court-approved settlement and as set forth in the resolution described above in subdivision (b)
may be removed therefrom as a result of any subsequent judicial determination, except that
a county of the first class and a recognized employee organization may agree only through
a memorandum of understanding to exclude the item of remuneration from “compensation
earnable” or the Board of Supervisors may adopt a resolution excluding the item of
remuneration from “compensation earnable” with respect to nonrepresented employees.
(d) This section shall not be operative in the county until the board of supervisors, by
resolution adopted by a majority vote, makes the provisions of this section applicable in the
county.
(Added by Stats. 2001, Ch. 778 (A.B. 399), Sec. 1, Effective October 13, 2001 as an urgency
statute)
§31461.5. Executive and Unclassified Management Operational Incentive Plan; exclusion
from retirement benefits
Notwithstanding any other provision of law, salary bonuses or any other compensation
incentive payments for regular duties or for additional services outside regular duties received
under the program known on April 1, 1997, as the Executive and Unclassified Management
Operational Incentive Plan or any successor program that is substantially similar by any
members who are in positions identified as executive or unclassified management shall be
excluded from all retirement benefit calculations.
(Added by Stats. 1998, Ch. 129 (S.B. 1789), Sec. 1)
§31461.6. Compensation earnable; defined
“Compensation earnable” shall not include overtime premium pay other than premium
pay for hours worked within the normally scheduled or regular working hours that are in
excess of the statutory maximum workweek or work period applicable to the employee under
Section 201 and following of Title 29 of the United States Code.
(Added by Stats. 2000, Ch. 966 (A.B. 2331), Sec. 3)
§31462. “Final Compensation” defined
“Final compensation” means the average annual compensation earnable by a member
during any three years elected by a member at or before the time he files an application for
retirement, or, if he fails to elect, during the three years immediately preceding his retirement.
If a member has less than three years of service, his final compensation shall be determined
by dividing his total compensation by the number of months of service credited to him and
multiplying by 12.
(Amended by Stats. 1969, Ch. 416, Sec. 1)
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Article 1, §31461.45. - §31462.