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County Employees Retirement Law of 1937 (CERL) - sdcera

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previously received), multiplied by a percentage (rounded to the nearest one-tenth <strong>of</strong> 1 percent)<br />

derived by taking the number <strong>of</strong> months <strong>of</strong> service the member purchased in accordance<br />

with subdivision (b), dividing by the member’s total months <strong>of</strong> service, and multiplying by a<br />

percentage equal to the lesser <strong>of</strong> 2 percent or the percentage found by the board <strong>of</strong> retirement to<br />

approximate to the nearest one-half <strong>of</strong> 1 percent the percentage <strong>of</strong> annual increase or decrease<br />

in the cost <strong>of</strong> living as <strong>of</strong> January 1 <strong>of</strong> each year as shown by the then current CPI, as adjusted<br />

for the amount applied from a prior year. For purposes <strong>of</strong> applying this formula, the amount <strong>of</strong><br />

any annual cost-<strong>of</strong>-living increase under the CPI in excess <strong>of</strong> the 2 percent maximum shall be<br />

accumulated and applied in future years in which the annual cost-<strong>of</strong>-living increase under the<br />

CPI is less than the 2 percent maximum.<br />

(4) “Predisability compensation” means a member’s last 12 months <strong>of</strong> compensation<br />

earnable preceding the date his or her employment terminates while he or she is receiving<br />

disability benefits, other than state-mandated benefits, under a disability plan provided by<br />

the employer because he or she is totally disabled. The employer shall provide the board <strong>of</strong><br />

retirement with the information necessary for a member’s predisability compensation to be<br />

determined.<br />

(5) “Predisability compensation adjustment” means, with respect to any member<br />

or former member <strong>of</strong> <strong>Retirement</strong> Plan E qualifying under subdivision (e), an amount equal to<br />

that member’s or former member’s predisability compensation as previously adjusted under<br />

this section, multiplied by a percentage equal to the lesser <strong>of</strong> 2 percent or the percentage found<br />

by the board <strong>of</strong> retirement to approximate to the nearest one-half <strong>of</strong> 1 percent the percentage<br />

<strong>of</strong> annual increase or decrease in the cost <strong>of</strong> living as <strong>of</strong> January 1, <strong>of</strong> each year as shown by<br />

the then current CPI, as adjusted for the amount applied from a prior year. For the purpose<br />

<strong>of</strong> applying this formula, the amount <strong>of</strong> any annual cost-<strong>of</strong>-living increase under the CPI in<br />

excess <strong>of</strong> the 2 percent maximum shall be accumulated and applied in future years in which the<br />

annual cost-<strong>of</strong>-living increase under the CPI is less than the 2 percent maximum.<br />

(g) This section shall only be applicable to Los Angeles <strong>County</strong> and shall not become<br />

operative until the board <strong>of</strong> supervisors <strong>of</strong> that county elects, by resolution adopted by a<br />

majority vote, to make this section operative in the county.<br />

(Amended by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 12)<br />

§31495.6. Use <strong>of</strong> current, forfeited, and vested membership periods in determining age <strong>of</strong><br />

entry; applicability (Los Angeles)<br />

A member may use current, forfeited, and vested membership periods earned under<br />

this chapter when meeting the reciprocity requirements for purposes <strong>of</strong> determining age <strong>of</strong><br />

entry, as defined in Sections 31833 and 31833.1. This section shall not apply to members who<br />

are retired from this system.<br />

(Added by Stats. 2010, Ch. 86 (AB 1902), Sec. 4)<br />

Article 1.6<br />

Alternative Plan for Counties <strong>of</strong> the 10th Class (San Mateo)<br />

(Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1, Applicable as prescribed by Section 31496)<br />

§31496. Designation as <strong>Retirement</strong> Plan 3; application <strong>of</strong> article; purpose; application <strong>of</strong><br />

other laws (San Mateo)<br />

(a) The retirement plan created by this article shall be known as <strong>Retirement</strong> Plan 3.<br />

(b) This article shall be applicable in the retirement system <strong>of</strong> any county <strong>of</strong> the 10th<br />

Article 1.5, §31495.5. - Article 1.6, §31496. 70

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