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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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there<strong>of</strong> within this state, to process and issue payments by check or electronic fund transfer.<br />

(Amended by Stats. 1995, Ch. 584 (A.B. 1021), Sec. 6)<br />

(Amended by Stats. 1996, Ch. 493 (S.B. 792), Sec. 5)<br />

§31591. Interest credits; rate; termination <strong>of</strong> interest on cessation <strong>of</strong> membership<br />

(a) Regular interest shall be credited semiannually on June 30th and December 31st to all<br />

contributions in the retirement fund which have been on deposit for six months immediately<br />

prior to that date. Interest at the rate <strong>of</strong> 2 1/2 percent per annum, until otherwise determined<br />

by the board, compounded semiannually, shall be used in the calculation <strong>of</strong> benefits under any<br />

mortality table adopted by the board <strong>of</strong> supervisors.<br />

(b) No interest shall be credited to a member’s account after the membership <strong>of</strong> the<br />

member in the retirement association has ceased, except under the following circumstances:<br />

(1) The former member has left his or her accumulated contributions in the retirement<br />

fund and has either elected in writing a deferred retirement allowance, or is eligible to so elect<br />

under Section 31700 but has failed to do so.<br />

(2) The surviving spouse <strong>of</strong> a deceased member or the legally appointed guardian <strong>of</strong><br />

the member’s unmarried children under age 18 has elected to leave a death benefit on deposit<br />

as provided for in Section 31781.2.<br />

(3) The former member, regardless <strong>of</strong> service, has left his or her accumulated<br />

contributions in the retirement fund and has not terminated employment.<br />

(Amended by Stats. 1995, Ch. 457 (A.B. 847), Sec. 1)<br />

(Amended by Stats. 1997, Ch. 43 (S.B. 419), Sec. 1)<br />

§31592. Excess interest as reserve against contingencies<br />

Earnings <strong>of</strong> the retirement fund during any year in excess <strong>of</strong> the total interest credited<br />

to contributions and reserves during such year shall remain in the fund as a reserve against<br />

deficiencies in interest earnings in other years, losses on investments and other contingencies,<br />

except as provided in Sections 31529.5 and 31592.2<br />

(Amended by Stats. 1977, Ch. 202, Sec. 2)<br />

§31592.2. Excess interest; disposition<br />

In any county, earnings <strong>of</strong> the retirement fund during any year in excess <strong>of</strong> the total<br />

interest credited to contributions and reserves during such year shall remain in the fund as<br />

a reserve against deficiencies in interest earnings in other years, losses on investments, and<br />

other contingencies, except that, when such surplus exceeds 1 percent <strong>of</strong> the total assets <strong>of</strong> the<br />

retirement system, the board may transfer all, or any part, <strong>of</strong> such surplus in excess <strong>of</strong> 1 percent<br />

<strong>of</strong> the said total assets into county advance reserves for the sole purpose <strong>of</strong> payment <strong>of</strong> the cost<br />

<strong>of</strong> the benefits described in this chapter.<br />

Where the board <strong>of</strong> supervisors has provided for the payment <strong>of</strong> all, or a portion, <strong>of</strong><br />

the premium, dues, or other charges for health benefits, Medicare, or the payment <strong>of</strong> accrued<br />

sick leave at retirement to or for all, or a portion, <strong>of</strong> <strong>of</strong>ficers, employees, and retired employees<br />

and their dependents, from the county general fund or other sources, the board <strong>of</strong> retirement<br />

may authorize the payment <strong>of</strong> all, or a portion, <strong>of</strong> payments <strong>of</strong> the benefits described in this<br />

paragraph from the county advance reserves.<br />

(Amended by Stats. 1980, Ch. 1116, Sec. 1, Effective September 26, 1980)<br />

§31592.3. Excess earnings; reserve; transfer to increase retirement allowance<br />

In any county, earnings <strong>of</strong> the retirement fund, in excess <strong>of</strong> the total interest credited to<br />

contributions and reserves shall remain in the fund as a reserve against deficiencies in interest<br />

Article 5, §31590. - §31592.3. 132

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