County Employees Retirement Law of 1937 (CERL) - sdcera

etirement administrator or to any referee it appoints pursuant to this chapter.
Any member of the board, the referee, or any person otherwise empowered to issue
subpoenas may administer oaths to, or take depositions from, witnesses before the board or
referee.
This section shall apply only in a county of the first class, as defined by Section 28020, as
amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43
of the Statutes of 1961
(Amended by Stats. 2011, Ch. 48 (SB 637), Sec. 2)
§31536. Denial of benefit or allowance; appeal; attorney fees
If a superior court reverses the denial by the board of an application for a retirement
allowance, or for a survivor’s allowance based on such allowance, or for a claim based on a
claimed pension right or benefit, the superior court in its discretion may award reasonable
attorney’s fees as costs to the member or beneficiary of the member who successfully appealed
the denial of such application. Such costs shall be assessed against the board, shall be
considered a cost of administration, and shall in no event become a personal liability of any
member of the board.
(Added by Stats. 1978, Ch. 556, Sec. 1)
§31537. Records management procedures
The board may establish efficient records management procedures, which may include,
but need not be limited to, maintenance and, when determined by the board to be necessary,
disposal of records in its jurisdiction.
(Added by Stats. 1993, Ch. 24, Sec. 1)
(Amended and Renumbered as Section 31592.5 by Stats. 2004, Ch. 441, Sec. 2)
§31538. Adjustments on payment of benefits
(a) The board shall adjust the payment of benefits payable pursuant to this part, as
necessary, in order to maximize the benefits available to members who are subject to the
limits of Section 415 of the Internal Revenue Code. Those adjustments shall include, but are
not limited to, cost-of-living adjustments, cost-of-living banks, temporary annuities, survivor
continuance benefits, or any combinations thereof.
(b) The amount payable to a member in any limitation year, including cost-of-living
adjustments, shall not exceed the limit established under Section 415(b) of the Internal Revenue
Code at the annuity starting date, and as may be increased in subsequent years pursuant to
Section 415(d) of the Internal Revenue Code and applicable regulations.
(c) The cost-of-living adjustments made pursuant to Section 415(d) of the Internal
Revenue Code to the limit established under Section 415(b) of the Internal Revenue Code
continue to apply after a member’s severance from employment or annuity starting date.
(Added by Stats. 1990, Ch. 797, Sec. 2, Effective September 13, 1990)
(Amended by Stats. 2010, Ch. 188 (AB 1354), Sec. 2)
§31539. Correction of error; Prospective and retroactive adjustments; Rights and remedies;
Period of limitation
(a) The board of retirement may, in its discretion, correct any error made in the
calculation of a retired member’s monthly allowance or any other benefits under this chapter, if
either of the following exist:
(1) The error in the calculation of the member’s monthly allowance or other benefits
under this chapter was made as a result of fraudulent reports for compensation made, or
Article 3, §31535.1. - §31539. 116