County Employees Retirement Law of 1937 (CERL) - sdcera

pursuant to Section 31557 may adopt or readopt this section from time to time as conditions
warrant.
(f) Any member who qualifies under this section upon subsequent reentry to county
employment shall forfeit the service credit acquired under this section, unless the reentry is a
result of a temporary callback limited to a maximum of 720 hours of service in any one year.
(g) This section shall not be subject to the provisions of Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1.
(Amended by Stats. 1986, Ch. 48, Sec. 1)
§31641.05. Members credited with 10 or more years of service; additional service credit;
amounts; cost recapture; verification by audit; application of section; forfeiture upon
reemployment; duration of section
(a) Notwithstanding Section 31641.04 or any other provision of this part, for only the
1994-95, 1995-96, 1996-97, 1997-98, and 1998-99 fiscal years, when the board of supervisors, by
resolution, determines that because of an impending curtailment of service or change in the
manner of performing service, savings of money, or other economic benefit resulting to the
county, the best interests of the county would be served, a member shall be eligible to receive
additional service credit if all of the following conditions exist:
(1) The member is employed in a job classification, county department, or other
county organizational unit included in the resolution adopted by the board of supervisors.
(2) The member is credited with 10 or more years of service and retires on or between
dates specified by the board of supervisors in its resolution. In no event shall the specified
period exceed 120 days.
(3) The county transmits to the retirement fund an amount determined by the board
of retirement that is equal to the actuarial equivalent of the difference between the allowance
the member receives after the receipt of service credit under this section and the amount he or
she would have received without that service credit. The transfer to the retirement fund shall
be made in a manner and time period acceptable to the county and the board of retirement.
However, the payment period shall not exceed five years.
(b) The amount of service credit shall be the amount that the board of supervisors
determines, but shall not be more than four years regardless of credited service and shall not
exceed the number of years intervening between the date of the member’s retirement and the
date the member would be required to be retired because of age and shall not be combined
with any additional service credit granted under Section 31641.04.
(c) The resolution described in subdivision (a) shall either identify sufficient deleted
positions whose total cost equals or exceeds the lump-sum actuarial cost of the additional
service credit granted or proclaim that all positions vacated due to the additional service credit
granted pursuant to this section shall remain vacant for at least five years and until the lumpsum
actuarial cost of the additional service credit granted has been recaptured from position
vacancy salary savings.
(d) The board of supervisors shall certify to the board of retirement the extent to which
savings will exceed necessary payments to the board of retirement, and the specific measures to
be taken to assure that outcome. The board of retirement may require the board of supervisors
to provide verification of its certification through independent review.
(e) At the time the county has achieved savings that are more than adequate to meet
necessary payments to the board of retirement, or five years after commencement of the
retirement period specified in paragraph (2) of this section, whichever occurs first, the board of
supervisors shall certify to the retirement board the amount of actual savings and the measures
taken to achieve the savings. The board of supervisors shall maintain records for each worker
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Article 7, §31641.04. - §31641.05.