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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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Early <strong>Retirement</strong> Adjustment Factors<br />

Months<br />

Years 9 10 11 12<br />

5 0.6417 0.6389 0.6361 0.6333<br />

6 0.6083 0.6056 0.6028 0.6000<br />

7 0.5750 0.5722 0.5694 0.5667<br />

8 0.5417 0.5389 0.5361 0.5333<br />

9 0.5083 0.5056 0.5028 0.5000<br />

10 0.4750 0.4722 0.4694 0.4667<br />

11 0.4417 0.4389 0.4361 0.4333<br />

12 0.4083 0.4056 0.4028 0.4000<br />

(g) The board, upon the advice <strong>of</strong> the actuary, shall establish and adjust, as required,<br />

the table <strong>of</strong> estimated primary insurance amounts, which shall be utilized in computing<br />

the retirement benefit. For purposes <strong>of</strong> this article, the primary insurance amount shall be<br />

estimated based on the employee’s age as <strong>of</strong> the date <strong>of</strong> retirement or the date <strong>of</strong> termination <strong>of</strong><br />

a vested member, whichever is applicable, and the employee’s earnings, provided that:<br />

(1) An employee’s earnings prior to the first day <strong>of</strong> service with the employer shall be<br />

assumed to have been zero, and<br />

(2) An employee’s earnings during the period <strong>of</strong> service shall include only those<br />

earnings paid by the employer, and<br />

(3) For those members who have not attained the normal retirement age under<br />

the federal system as <strong>of</strong> the date <strong>of</strong> retirement (i) future earnings in employment covered by<br />

the federal system shall be assumed to continue at the rate <strong>of</strong> pay received by the employee<br />

from the employer as <strong>of</strong> the date <strong>of</strong> retirement or the date <strong>of</strong> termination <strong>of</strong> a vested member,<br />

whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall<br />

be assumed to continue at the wage base in effect in the year <strong>of</strong> retirement or the year <strong>of</strong><br />

termination <strong>of</strong> a vested member, whichever is applicable, and (iii) cost-<strong>of</strong>-living increases in the<br />

year <strong>of</strong> retirement and delayed retirement credit provided under the federal system shall not be<br />

included in the calculation <strong>of</strong> the estimated primary insurance amount.<br />

(h) The employer shall certify the years <strong>of</strong> service to be credited at retirement and the<br />

final compensation to be utilized in computing the normal and early retirement pension.<br />

(i) Notwithstanding subdivision (e), any retired member receiving a normal retirement<br />

pension may present evidence required by the board <strong>of</strong> the retired member’s actual primary<br />

insurance amount. For purposes <strong>of</strong> this subdivision, the actual primary insurance amount shall<br />

be the amount payable under the federal system on the retired member’s date <strong>of</strong> retirement<br />

without regard to delayed retirement credit or any deductions on account <strong>of</strong> work or any<br />

reductions on account <strong>of</strong> early retirement. Following receipt <strong>of</strong> that evidence, the board shall<br />

adjust the retired member’s pension from the date <strong>of</strong> retirement to equal the amount <strong>of</strong> the<br />

pension to which he or she would have been entitled on that date had the estimated primary<br />

insurance amount equaled the actual primary insurance amount.<br />

(j) All part-time and intermittent employees <strong>of</strong> a county which elects to be subject to this<br />

article shall not be eligible to participate in the retirement plans provided by this article.<br />

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

§31511.5. Surviving spouse benefits (Ventura)<br />

Notwithstanding any other provision <strong>of</strong> this chapter to the contrary, no surviving<br />

spouse benefit shall be paid to a surviving spouse <strong>of</strong> a member who at the time <strong>of</strong> death had<br />

not met the minimum age and service credit requirements for service retirement.<br />

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

97<br />

Article 2.6, §31511.4. - §31511.5.

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