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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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subsequent to the effective date <strong>of</strong> this article shall apply to any county or to the employees <strong>of</strong><br />

any county unless and until mutually agreed to by the employer and employee representatives<br />

and adopted by majority resolution <strong>of</strong> the board <strong>of</strong> supervisors.<br />

(Added by Stats. 1985, Ch. 1480, Sec. 1)<br />

§31511.1. Definitions; establishment <strong>of</strong> defined contribution retirement plan (Ventura)<br />

Unless the context otherwise requires, the definitions continued in this section govern<br />

the construction <strong>of</strong> this article.<br />

(a) “Board” means the board <strong>of</strong> retirement.<br />

(b) “Employer” means the county or district or agency whose employees are members<br />

<strong>of</strong> the retirement system <strong>of</strong> the county.<br />

(c) “Federal system” means the Old Age and Survivors Insurance provisions <strong>of</strong> the<br />

Social Security Act.<br />

(d) “Member” or “general member” means an employee hired on a permanent basis, as<br />

defined by the employer, except an employee eligible for safety membership.<br />

(e) “Primary insurance amount” means the monthly retirement benefit payable under<br />

the federal system at the normal retirement age.<br />

(f) “Service” means the period <strong>of</strong> employment <strong>of</strong> a member and the time in which a<br />

member or former member (1) is totally disabled, and (2) is receiving disability benefits or is<br />

eligible to receive disability benefits either during or after any elimination or qualifying period,<br />

under a long-term disability plan provided by the employer.<br />

Except as otherwise herein provided, a member shall not be credited with service for<br />

any period <strong>of</strong> time in which the member is absent from work without pay.<br />

Unless otherwise provided, service shall not include military service or public service<br />

other than service with the employer.<br />

(g) “Final compensation” means the average annual compensation earnable by a<br />

member during any three years elected by a member at or before the time he or she files an<br />

application for retirement, or, if he or she fails to elect, during the three years immediately<br />

preceding his or her retirement. If a member has less than three years <strong>of</strong> service, his or her final<br />

compensation shall be determined by dividing his or her total compensation by the number <strong>of</strong><br />

months <strong>of</strong> service credited to him or her and multiplying by 12.<br />

The board <strong>of</strong> supervisors <strong>of</strong> any county subject to this article shall establish a defined<br />

contribution retirement plan authorized by Section 401 <strong>of</strong> the United States Code.<br />

(Added by Stats. 1985, Ch. 1480, Sec. 1)<br />

§31511.2. General members' contributions; refund to members electing transfer to plan<br />

(Ventura)<br />

(a) There shall be no general members’ contributions under the plan created by this<br />

article.<br />

(b) No refund shall be made to any member who elects to transfer to the retirement plan<br />

created by this article <strong>of</strong> the member’s accumulated contributions. A member who elects to<br />

transfer to the retirement plan established pursuant to this article shall receive: service credit<br />

toward vesting under the other retirement plan; a pension from the other retirement plan based<br />

upon his or her credited service on the day prior to the operative date <strong>of</strong> the transfer to the<br />

retirement plan established pursuant to this article; and a pension from the retirement plan<br />

established pursuant to this article based upon service credited on and after the operative date<br />

<strong>of</strong> the transfer to the retirement plan established pursuant to this article.<br />

(Added by Stats, 1985, Ch. 1480, Sec. 1)<br />

Article 2.6, §31511. - §31511.2. 94

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