County Employees Retirement Law of 1937 (CERL) - sdcera

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date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting his or her election. (Added by Stats. 1985, Ch. 175, Sec. 1) §31499.17. Transfer to retirement plan created by this article; election and application; benefits (Stanislaus) (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. All transferring members whose contributions for public service have been refunded to them shall not receive credit for that service. (d) Any member who selects Retirement Plan 3 upon reentering into county service and who has not received credit as a Plan 3 member for previous county service, may elect to repurchase his or her previous service by redepositing his or her withdrawn contributions, plus interest, from date of termination, and shall then receive credit for that service under the plan status at the time of original employment. (e) Any member who has elected or transferred to the plan created by this article and who terminates his or her employment and is later reemployed shall not be entitled to change his or her election upon that reemployment, unless a resolution, enacted by the board of supervisors subsequent to the member’s election to transfer to the new plan, so provides. (f) A plan transfer by a member is voluntary and shall be irrevocable, unless the board of supervisors, by resolution, authorizes Retirement Plan 3 members to transfer to a retirement plan authorized under Article 8 (commencing with Section 31670), under the terms and conditions specified in the resolution. The terms may include, but are not limited to, (1) an eligibility provision based on the number of years in county service, or (2) a provision for crediting service in the plan which (A) the member transfers to only for that service rendered after adoption of the resolution or (B) an eligibility provision that, for the purposes of Article 10 (commencing with Section 31720), considers years in county service from the date the member transfers to a new plan unless the prior county service credit is restored, or both. The resolution may establish different service credit conditions for various job classifications or groups, or for various represented bargaining units, different conditions agreed upon by the employer and the employee representative, or both. The board of supervisors may also establish other conditions it deems necessary or desirable. (Added by Stats. 1985, Ch. 175, Sec. 1) (Amended by Stats. 2001, Ch. 784 (A.B. 867), Sec. 1.5, Effective October 13, 2001) §31499.18. Employer contribution required to finance plan; establishment (Stanislaus) Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1985, Ch. 175, Sec. 1) 87 Article 1.8, §31499.16. - §31499.18.
§31499.19. Severability (Stanislaus) If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable. (Added by Stats. 1985, Ch. 175, Sec. 1) Article 1.8, §31499.19. 88
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2012 Edition County Employees Retir
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2012 Edition County Employees Retir
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Article TABLE OF CONTENTS Part 3 of
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INDEX A Absence, leave of Does not
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Benefit notification to spouse.....
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Disability retirement allowance, se
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Based on notice of redeposit.......
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Accumulated additional.............
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Drugs, denial of pension because of
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Health officer advises board.......
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Legal services (see Attorney for bo
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N Non-contributory plans...........
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Contributions to obtain credit for.
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Blood-borne infectious disease, pre
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After retirement (see Employment, a
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Contributions Withdrawal of........
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V Vacancies on board...............
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or government named in the written
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that demonstrates a financial neces
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may be collected. (e) The provision
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(b) In Article 17 (commencing with
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“compensation earnable” shall i
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Earnings Code No. Title 609 RN Assi
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§31462.1. “Final compensation”
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(h) “District” also includes th
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that person may be assigned, except
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probation officers, as provided in
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peace officer members said special
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(b) In a county with a population i
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§31472. “Regular interest’ def
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sufficient to meet the minimum requ
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applies shall have the cost-of-livi
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specify the provision or provisions
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pursuant to the provisions of this
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Page 71 and 72: y a current employee shall be bindi
Page 73 and 74: (d) A resolution adopted pursuant t
Page 75 and 76: §31485.14. Internal Revenue Code C
Page 77 and 78: Article 1.4 Alternative Plan for Co
Page 79 and 80: same purchase rights and shall cont
Page 81 and 82: Age ERA Factor 61 .67 62 .74 63 .82
Page 83 and 84: certification shall be made within
Page 85 and 86: in which the member or former membe
Page 87 and 88: (e) No member may receive service c
Page 89 and 90: §31491.1. Adjustment of member’s
Page 91 and 92: e continued during and throughout t
Page 93 and 94: (b) This section shall be applicabl
Page 95 and 96: (d) Transferred members shall recei
Page 97 and 98: subdivision (a). (e) This section s
Page 99 and 100: member may not exchange less than 1
Page 101 and 102: §31495. Employer contribution (Los
Page 103 and 104: previously received), multiplied by
Page 105 and 106: any disability benefits received by
Page 107 and 108: (1) An employee’s prior career ea
Page 109 and 110: conditions for different job classi
Page 111 and 112: eceipt of election to transfer by t
Page 113 and 114: (1) An employee’s prior career ea
Page 115 and 116: Article 1.8 Alternative Optional, I
Page 117 and 118: §31499.13. Credit for prior public
Page 119: (i) The employer shall certify the
Page 123 and 124: §31506. Retired members of superse
Page 125 and 126: in lieu of being credited to the ot
Page 127 and 128: subsequent to the effective date of
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Page 131 and 132: §31511.6. Transfer to plan; time f
Page 133 and 134: Retirement Law of l937 provisions o
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Page 137 and 138: (b) The alternate seventh member pr
Page 139 and 140: Section 31520.1. (Amended by Stats.
Page 141 and 142: §31522. Duties of board members; a
Page 143 and 144: county employees, including those s
Page 145 and 146: §31524. Separation from service Se
Page 147 and 148: y resolution adopted by majority vo
Page 149 and 150: etirement administrator or to any r
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Page 153 and 154: §31553. Elective officers; filing
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Page 157 and 158: §31560. Persons remaining safety m
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Page 163 and 164: §31586. Payments into fund as obli
Page 165 and 166: thereof within this state, to proce
Page 167 and 168: §31592.5. Notice to organization r
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program utilizing the retirement fu
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§31614. Employment of attorney; co
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142
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§31621.4. Normal rates of contribu
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provide an average annuity at age 5
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favor of each member. Such deductio
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than five years’ service credit w
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(Amended by Stats. 1986, Ch. 840, S
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subject to the terms and conditions
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156
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§31641.02. Third class county; sic
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etiring pursuant to this section. T
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§31641.21. Regular interest, defin
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of public service shall contribute
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§31641.7. Rate of compensation to
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§31644. Prior service; regulations
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that the contributions made by the
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earnable due pursuant to Section 31
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as authorized by Section 31652 with
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available only for the purpose of r
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of disability retirements that may
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§31662.2. Retirement of safety mem
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§31663.2. (Repealed January 1, 201
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Age at retirement Fraction 47 1/2 0
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Age at retirement Fraction 49 0.952
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190
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may be retired upon filing with the
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effect on the date of the actual re
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of retirement benefits described in
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(c) (1) An election for the pension
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§31680.01. Service as member of go
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einstated, adjusted, however, by an
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death to the respective elected ben
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applicable in such county. (Amended
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(b) No allowance shall be increased
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(2) The payments shall be made eith
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Article 8.4 Community Property (Art
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(c) If the nonmember elects to purc
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for the benefits enumerated herein
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any other benefits provided under t
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employment benefits provided under
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(Amended by Stats. 1999, Ch. 525 (A
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(e) “Public agency” means any l
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postemployment health benefits fund
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§31702. Disposal of contributions
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252
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(1) “Active military service” m
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(Added by Stats. 2000, Ch. 138 (A.B
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employer has dismissed the member f
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the position for which the member w
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entitlement to disability retiremen
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member covered under Section 31751
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final compensation, as determined b
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§31732. Medical, investigatory and
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Period during which Percentage of i
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e, shall be applicable in such coun
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shall be entitled under federal soc
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system established by Section 31751
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esolution specifying the future ope
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§31760.11. Contra Costa County; co
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(Added by Stats. 1986, Ch. 849, Sec
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his or her life, as he or she nomin
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any time before acceptance of any b
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§31765.3. Amount of survivor allow
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(3) To be subject to the provisions
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(3) Waive the right to disability r
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§31774. Participant becoming eligi
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calendar year following the later o
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(a) multiplied by the number of mon
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300
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22 years of age if enrolled as a fu
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§31781.13. Amount of allowance pai
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to claimants who have not yet attai
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settlements specified in Article 11
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§31787.5. Special death benefit; a
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This section applies to every membe
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accordance with Section 31789, and
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316
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exercising this option calculated t
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§31803. Federal system defined “
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compensation set forth in the table
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of supervisors may elect deferred r
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pursuant to subdivision (b) of Sect
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328
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directly from county employment on
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or fire department in this system w
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subsequently becomes a member of th
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system of any other public agency o
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substantially comparable to those p
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System Defined Benefit Plan, the Ju
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§31850. Lump sum supplemental surv
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§31855.7. Survivor’s allowance;
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348
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enefits and lump sum supplemental s
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§31870.11. Determination; increase
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article (as fixed pursuant to Secti
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§31874.2. Determination; maximum a
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or annual death allowances payable
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adjustments provided in Article 16.
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purposes of Section 218(d)(5)(A) of
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364
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liable for such excess payment. (Ad
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§31899.3. Impact of I. R. C. upon
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(3) Take any and all other actions
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