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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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§31641.21. Regular interest, defined for purpose <strong>of</strong> Section 31641.2<br />

Regular interest computed at the current interest rate as used in subdivision (b) <strong>of</strong><br />

Section 31641.2 shall mean that amount <strong>of</strong> interest which would have been credited to the<br />

account <strong>of</strong> the member on the amount to be deposited at the interest rates established for the<br />

system if the contribution required by that section had been on deposit from the date used to<br />

determine the earnable compensation on which such contributions are based until the amount<br />

required to be deposited has been paid.<br />

(Added by Stats. 1970, Ch. 369, Sec. 3)<br />

§31641.3. Compensation first earnable<br />

In Section 31641.2 compensation first earnable shall be that earnable by the member<br />

at the time <strong>of</strong> the commencement <strong>of</strong> his membership in the retirement system, except that if<br />

a member who, prior to January 1, 1952, was a member <strong>of</strong> any retirement system in the same<br />

county which was superseded by a system established under this act, if such member so<br />

requests, the compensation first earnable by him at the later <strong>of</strong> the following times shall be<br />

used:<br />

(a) The commencement <strong>of</strong> his membership in such superseded retirement system.<br />

(b) The date on which this retirement system first became operative.<br />

(Added by Stats. 1955, Ch. 363, Sec. 7)<br />

§31641.4. Public service credits; certification; prior employment credits <strong>of</strong> safety members<br />

A member shall receive credit for employment in public service only for such service<br />

as he is not entitled to receive a pension or retirement allowance from such public agency. The<br />

service for which he elects to contribute and the fact that no pension or retirement allowance<br />

will accrue to such member by virtue <strong>of</strong> his employment in such public agency must be<br />

certified to by an <strong>of</strong>ficer <strong>of</strong> the public agency where he rendered such public service or must be<br />

established to the satisfaction <strong>of</strong> the board.<br />

Notwithstanding any other provision <strong>of</strong> law, a safety member who receives credit<br />

for prior employment in public service, the principal duties <strong>of</strong> which consisted <strong>of</strong> active law<br />

enforcement or active fire suppression, or active service in the armed services <strong>of</strong> the United<br />

States during the time <strong>of</strong> war or national emergency, shall have his pension or retirement<br />

allowance for such service calculated on the same basis as the calculation <strong>of</strong> the retirement<br />

allowance such member would receive as a safety member under Section 31664.<br />

A safety member who entered the service as a peace <strong>of</strong>ficer prior to the establishment <strong>of</strong><br />

the safety membership provisions in his county shall be considered a safety member from his<br />

initial hiring date, for the purposes <strong>of</strong> this section, notwithstanding any other provision <strong>of</strong> law.<br />

(Amended by Stats. 1975, Ch. 1171, Sec. 1)<br />

§31641.45. Refund <strong>of</strong> amount deposited plus interest; no credit received for public service<br />

Whenever a member is entitled to redeposit funds previously withdrawn from a<br />

retirement system and thereby becomes eligible to receive a pension or retirement allowance<br />

for the service for which he was granted public service credit as authorized in Section 31641.1,<br />

regardless <strong>of</strong> whether or not the member elects to exercise such entitlement, the member shall<br />

be refunded the amount deposited by him in accordance with Section 31641.2 plus interest<br />

which has been credited to such amount and shall receive no credit in the system for such<br />

service.<br />

This section applies only to a member who would be eligible to receive the benefit <strong>of</strong><br />

Section 31835 or 20023.1 on making the redeposit.<br />

(Amended by Stats. 1971, Ch. 504, Sec. 1)<br />

Article 7, §31641.21. - §31641.45. 162

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