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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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§31586. Payments into fund as obligations <strong>of</strong> county or district<br />

All payments <strong>of</strong> the county or <strong>of</strong> any district into the retirement fund, whether made<br />

pursuant to this article or made pursuant to law, are obligations <strong>of</strong> the county or district.<br />

(Added by Stats. 1947, Ch. 424, Sec. 1)<br />

§31587. Application <strong>of</strong> contributions<br />

The board shall apply the contributions <strong>of</strong> the county or district to its obligations under<br />

the system in the order and amounts as follows:<br />

First, in an amount equal during each fiscal year to the liability accruing to the county or<br />

district because <strong>of</strong> service rendered during such year and on account <strong>of</strong> service and disability<br />

pensions, in an amount determined by the actuarial valuation as interpreted by the actuary.<br />

Second, in an amount equal during each fiscal year to the payments made from<br />

contributions by the county or district during the year for death benefits.<br />

Third, the balance <strong>of</strong> such contributions on the liabilities accrued on account <strong>of</strong> prior<br />

service benefits.<br />

(Added by Stats. 1947, Ch. 424, Sec. 1)<br />

§31588. “<strong>Employees</strong> retirement fund”<br />

A trust fund account to be designated as “employees retirement fund” shall be opened<br />

upon the books <strong>of</strong> the retirement board, or treasurer and auditor if authorized by the board, <strong>of</strong><br />

any county adopting this retirement system.<br />

The “employees retirement fund” shall be a trust fund created or continued and<br />

administered in accordance with this chapter, solely for the benefit <strong>of</strong> the members and retired<br />

members <strong>of</strong> the system and their survivors and beneficiaries.<br />

Nothing in this section shall be construed to prohibit the retirement board paying<br />

administrative costs, already authorized or to be authorized, or to prohibit the transfer <strong>of</strong><br />

surplus funds to county advance reserves.<br />

(Amended by Stats. 1979, Ch. 427, Sec. 1)<br />

(Amended by Stats. 1995, Ch. 584 (A.B. 1021), Sec. 4.5)<br />

§31588.1. Deferred yield adjustment account<br />

There is hereby established in the <strong>County</strong> <strong>Employees</strong>’ <strong>Retirement</strong> System a deferred<br />

yield adjustment account which shall be increased by the sale or disposition <strong>of</strong> any debt<br />

securities at less than book value and shall be decreased by the sale or disposition <strong>of</strong> debt<br />

securities at more than book value. At the end <strong>of</strong> each year, a portion <strong>of</strong> the balance <strong>of</strong> this<br />

account shall be <strong>of</strong>fset against the investment income for that year. The annual portion <strong>of</strong> the<br />

balance to be <strong>of</strong>fset shall be proportional to the reciprocal <strong>of</strong> the average remaining life <strong>of</strong><br />

the bonds sold. The amount <strong>of</strong> this account shall be included in any accounting or actuarial<br />

computations or listing <strong>of</strong> assets. In any year in which the gains on the sales <strong>of</strong> debt securities<br />

exceed the discounts realized on the sales <strong>of</strong> such securities, the excess shall be used to reduce<br />

the balance <strong>of</strong> the account.<br />

This section shall not be operative in any county until such time as the board shall, by<br />

resolution adopted by majority vote, make the provisions <strong>of</strong> this section applicable in such<br />

county.<br />

(Added by Stats. 1974, Ch. 1366, Sec. 1)<br />

§31588.2. Expending <strong>of</strong> funds; limitation to administration <strong>of</strong> system, investments, benefits<br />

to members<br />

Notwithstanding any other provision <strong>of</strong> law, no funds in the retirement fund shall be<br />

Article 5, §31586. - §31588.2. 130

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