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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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earnable due pursuant to Section 31461 under this chapter for the entire period during which<br />

he or she was out <strong>of</strong> county service and in military service, may, not more than 90 days after<br />

his or her re-entrance into county service, file with the board his or her election that no further<br />

contributions be deducted from his or her compensation except contributions due because <strong>of</strong><br />

current service.<br />

(c) A member who re-enters county service under either (a) or (b) above may be allowed<br />

up to five years credit for vesting in the system.<br />

(Amended by Stats. 1957, Ch. 479, Sec. 1)<br />

(Amended by Stats. 1996, Ch. 680 (S.B. 1877), Sec. 12)<br />

§31649.1. Reemployment <strong>of</strong> member; notification to system; notification <strong>of</strong> right to purchase<br />

service credit<br />

Any employer who reemploys a member who is subject to the provisions <strong>of</strong> Chapter<br />

43 (commencing with Section 4301) <strong>of</strong> Title 38 <strong>of</strong> the United States Code, shall, within 30 days<br />

after the date <strong>of</strong> that reemployment, provide information in writing as required by the board<br />

notifying the system <strong>of</strong> that reemployment, and shall provide the returning employee written<br />

notification <strong>of</strong> the right to purchase that service credit.<br />

(Added by Stats. 1996, Ch. 680 (S.B. 1877), Sec. 13)<br />

§31649.5. Service with armed forces; credit for service and prior service; contributions<br />

(a) Notwithstanding Section 31649, any member who resigned, or obtained a leave<br />

<strong>of</strong> absence, to enter and did enter the armed forces <strong>of</strong> the United States on a voluntary or<br />

involuntary basis and returned to county service within one year after separation therefrom,<br />

under honorable conditions, shall receive credit for service and prior service for all or any<br />

part <strong>of</strong> his military service, if, before retirement from the county, he or she contributes what<br />

he or she would have paid to the fund based on his or her compensation earnable pursuant<br />

to Section 31461 at the time he or she resigned or received the leave <strong>of</strong> absence, together with<br />

regular interest thereon, and if, when he or she contributes, the military service is not a basis for<br />

present or future military retirement payment.<br />

(b) This section shall not be operative in any county until the board <strong>of</strong> supervisors so<br />

orders.<br />

(Amended by Stats. 1975, Ch. 594, Sec. 1)<br />

(Amended by Stats. 1996, Ch. 680, Sec. 14)<br />

§31649.6. (Operative date contingent) Service credit for members resigned from county<br />

service to enter armed forces<br />

(a) Notwithstanding Section 31649 or 31649.5, a member who resigned from county<br />

service, or who obtained a leave <strong>of</strong> absence from county service, to enter and did enter the<br />

Armed Forces <strong>of</strong> the United States on a voluntary or involuntary basis and who then returned<br />

to county service within one year after separation from the Armed Forces under honorable<br />

conditions, shall receive credit for service and prior service for all or any part <strong>of</strong> his or her<br />

military service, if, before retirement from the county, he or she contributes what he or she<br />

would have paid to the fund based on his or her compensation earnable pursuant to Section<br />

31461 at the time he or she resigned or obtained the leave <strong>of</strong> absence, together with regular<br />

interest thereon.<br />

(b) This section shall not be operative in any county until the board <strong>of</strong> supervisors, by<br />

resolution, makes this section applicable in the county.<br />

(Added by Stats. 2007, Ch. 355 (S.B. 14), Sec. 28)<br />

Article 7, §31649. - §31649.6. 172

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