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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§31652.2. Credit for prior county retirement system service; reentry by employment with<br />
public agency contracting with public employees’ retirement system; redeposit <strong>of</strong><br />
withdrawn contributions; applicability <strong>of</strong> section (Los Angeles)<br />
(a) Any member <strong>of</strong> a retirement system established pursuant to this chapter who was<br />
previously a member <strong>of</strong> the same county retirement system and who thereafter became a<br />
member <strong>of</strong> the Public <strong>Employees</strong>’ <strong>Retirement</strong> System as a result <strong>of</strong> employment by a public<br />
agency contracting with the Public Employee’s <strong>Retirement</strong> System, shall receive credit in the<br />
county retirement system for service rendered as an <strong>of</strong>ficer or employee <strong>of</strong> such public agency<br />
provided that he or she makes the contributions specified by Section 31641.2, and provided<br />
further that he or she is not entitled to receive any other pension or retirement allowance from<br />
any public agency for such service.<br />
(b) Notwithstanding any other provision <strong>of</strong> law, any person who would otherwise<br />
qualify under subdivision (a) who elected to leave his or her contributions on deposit with<br />
the Public <strong>Employees</strong>’ <strong>Retirement</strong> System and receive the benefits <strong>of</strong> reciprocity, may rescind<br />
that election and withdraw his or her contributions plus accrued interest from the Public<br />
<strong>Employees</strong>’ <strong>Retirement</strong> System and deposit the same in the county retirement system <strong>of</strong> which<br />
he or she is a member as payment in full or in part for the service credit described in this<br />
section. The person shall not thereafter have the right to redeposit the withdrawn contributions<br />
in the Public <strong>Employees</strong>’ <strong>Retirement</strong> System or to receive any credit for such service in that<br />
system. Any member <strong>of</strong> a county retirement system who is eligible to receive credit for other<br />
public service pursuant to this section shall receive the benefit <strong>of</strong> any motion or resolution<br />
adopted by the board <strong>of</strong> supervisors pursuant to subdivision (c) <strong>of</strong> Section 31641.2 which was<br />
in effect during the member’s county service.<br />
(c) This section shall apply only in a county <strong>of</strong> the first class, as established by Sections<br />
28020 and 28022, but shall not be operative in a county until adopted by resolution <strong>of</strong> the board<br />
<strong>of</strong> supervisors.<br />
(Added by Stats. 1982, Ch. 991, Sec. 2)<br />
§31653. Contributions by governing board for member reentering public service after<br />
absence in military service; credit for military service time<br />
Notwithstanding the provisions <strong>of</strong> this article, the governing board <strong>of</strong> the county or<br />
district may elect to contribute for any member <strong>of</strong> this system who is absent from and reenters<br />
the service <strong>of</strong> the county or district pursuant to Section 31649 <strong>of</strong> this code, amounts equal to<br />
the contributions which have been made by the member and his employer to the system on the<br />
basis <strong>of</strong> his compensation earnable at the commencement <strong>of</strong> his absence, if he had not been so<br />
absent.<br />
If the governing board elects to make any member’s contributions pursuant to this<br />
section:<br />
(a) Any such member who exercises or did exercise the right to contribute to the system<br />
during the period <strong>of</strong> military service shall have such contributions refunded or credited to his<br />
account.<br />
(b) Any such member who withdraws or has withdrawn his accumulated contributions<br />
during his military service and who does not or did not redeposit the amount withdrawn<br />
upon his return to employment with the county or district is entitled to be credited with any<br />
contribution the governing board elects to make, and to receive credit for service during the<br />
period he was absent on military service, the same as if he had not withdrawn his accumulated<br />
contributions, and his rate for future contributions shall be based upon his age at the<br />
commencement <strong>of</strong> his absence on military service.<br />
(c) The contributions made by the governing board pursuant to this section shall be<br />
available only for the purpose <strong>of</strong> retirement for service or for disability, and shall be made<br />
175<br />
Article 7, §31652.2. - §31653.