County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
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§31592.5. Notice to organization recognized by board as representing retired county or<br />
district employees <strong>of</strong> proposed changes to retirement benefits or use or uses <strong>of</strong> excess<br />
retirement system funds<br />
The board shall provide to any organization that is recognized by the board as<br />
representing the retired employees <strong>of</strong> the county or district reasonable advance notice <strong>of</strong> any<br />
proposed changes to the retirement benefits <strong>of</strong>fered by the system or the use or uses <strong>of</strong> excess<br />
funds <strong>of</strong> the retirement system. The organization shall have a reasonable opportunity to<br />
comment prior to any formal action by the board on the proposed changes.<br />
(Added by Stats. 2003, Ch. 191 (S.B. 270), Sec. 1 as G.C. Section 31537.<br />
Renumbered by Stats. 2004, Ch. 441 (A.B. 979), Sec. 2)<br />
§31593. Audit and report<br />
The retirement board shall conduct an audit <strong>of</strong> the retirement system at least once every<br />
12 months and report upon its financial condition. The retirement board may retain the services<br />
<strong>of</strong> a certified public accountant to perform the annual audit. That audit shall be performed<br />
in accordance with generally accepted auditing standards. The cost <strong>of</strong> the audit shall be<br />
considered a cost <strong>of</strong> the administration <strong>of</strong> the retirement system. The audit report shall address<br />
the financial condition <strong>of</strong> the retirement system, internal accounting controls, and compliance<br />
with applicable laws and regulations. A copy <strong>of</strong> the audit report shall he filed with the board <strong>of</strong><br />
supervisors.<br />
Nothing in this section shall preclude the retirement board from selecting the county<br />
auditor to perform the annual audit, and if so done, the cost <strong>of</strong> that audit shall he considered a<br />
cost <strong>of</strong> the administration <strong>of</strong> the retirement system.<br />
At the request <strong>of</strong> the county board <strong>of</strong> supervisors, the county auditor may audit the<br />
accounts <strong>of</strong> the retirement system. The expense <strong>of</strong> that audit shall not be a cost chargeable by<br />
the county to the retirement system.<br />
(Added by Stats. 1947, Ch. 424, Sec. 1)<br />
(Repealed and added by Stats. 1998, Ch. 109 (A.B. 1766), Sec. 5 and 6)<br />
§31594. Investment <strong>of</strong> funds<br />
It is the intent <strong>of</strong> the Legislature, consistent with the mandate <strong>of</strong> the voters in passing<br />
Proposition 21 at the June 5, 1984, Primary Election, to allow the board <strong>of</strong> any retirement<br />
system governed by this chapter to invest in any form or type <strong>of</strong> investment deemed<br />
prudent by the board pursuant to the requirements <strong>of</strong> Section 31595. It is also the intent <strong>of</strong><br />
the Legislature to repeal, or amend as appropriate, certain statutory provisions, whether<br />
substantive or procedural in nature, that restrict the form, type, or amount <strong>of</strong> investments that<br />
would otherwise be considered prudent under the terms <strong>of</strong> that section. This will increase the<br />
flexibility and range <strong>of</strong> investment choice available to these retirement systems, while ensuring<br />
protection <strong>of</strong> the interests <strong>of</strong> their beneficiaries.<br />
(Repealed and added by Stats. 1984, Ch. 1738, Sec. 5, Effective September 30, 1984)<br />
§31595. Control <strong>of</strong> investments; authority to invest assets; discharge <strong>of</strong> duties<br />
The board has exclusive control <strong>of</strong> the investment <strong>of</strong> the employees retirement fund.<br />
The assets <strong>of</strong> a public pension or retirement system are trust funds and shall be held for the<br />
exclusive purposes <strong>of</strong> providing benefits to participants in the pension or retirement system<br />
and their beneficiaries and defraying reasonable expenses <strong>of</strong> administering the system. Except<br />
as otherwise expressly restricted by the California Constitution and by law, the board may,<br />
in its discretion, invest, or delegate the authority to invest, the assets <strong>of</strong> the fund through the<br />
purchase, holding, or sale <strong>of</strong> any form or type <strong>of</strong> investment, financial instrument, or financial<br />
Article 5, §31592.5. - §31595. 134