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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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§31656. Orange <strong>County</strong> Transit District; extension <strong>of</strong> service credit to employee on<br />

authorized leave <strong>of</strong> absence to serve as <strong>of</strong>ficial <strong>of</strong> recognized employee bargaining<br />

unit; application to county (Orange)<br />

Nothing in this chapter shall be construed to prohibit any district established pursuant<br />

to Part 4 (commencing with Section 40000) <strong>of</strong> Division 10 <strong>of</strong> the Public Utilities Code, from<br />

extending retirement service credit pursuant to Section 40127 <strong>of</strong> the Public Utilities Code to<br />

any employee <strong>of</strong> the district who is on an authorized leave <strong>of</strong> absence to serve as an <strong>of</strong>ficial <strong>of</strong> a<br />

recognized employee bargaining unit, under all <strong>of</strong> the following conditions:<br />

(a) The employee or the recognized employee organization, or both, as determined<br />

pursuant to applicable provisions <strong>of</strong> this part, agree to pay the total contributions which would<br />

otherwise be paid if the employee were not on leave, as well as any additional costs which may<br />

accrue to the system as a result <strong>of</strong> this extension <strong>of</strong> coverage.<br />

(b) The maximum service credit accumulated under this section shall not exceed 12<br />

years.<br />

(c) <strong>Employees</strong> covered under this section shall not be eligible for disability benefits<br />

under any public employees’ retirement system in this state while on such leave <strong>of</strong> absence.<br />

This section shall not be operative in any county until such time as the board <strong>of</strong><br />

supervisors shall, by resolution adopted by majority vote, make the provisions <strong>of</strong> this section<br />

applicable in the county.<br />

(Amended by Stats. 1989, Ch. 448, Sec. 1)<br />

§31657. Assumption by county or district <strong>of</strong> safety functions; cessation <strong>of</strong> city employment;<br />

membership in county retirement association (Los Angeles, Orange, Kern)<br />

Subject to Section 20588, whenever, as a result <strong>of</strong> the assumption by a county, fire<br />

authority, or district <strong>of</strong> firefighting or law enforcement functions performed by a public agency<br />

or the state subject to the Public <strong>Employees</strong>’ <strong>Retirement</strong> <strong>Law</strong>, any person ceases to be employed<br />

by a public agency or the state and is employed by a county, fire authority, or district in which<br />

this chapter has become operative, that person shall become a member <strong>of</strong> the retirement system<br />

<strong>of</strong> a county immediately upon entering county service. That member <strong>of</strong> the county retirement<br />

system shall be entitled to service credit in the county retirement system for the service for<br />

which he or she was entitled to credit in the Public <strong>Employees</strong>’ <strong>Retirement</strong> System at the time<br />

<strong>of</strong> cessation <strong>of</strong> employment by the public agency or the state, without necessity <strong>of</strong> payment <strong>of</strong><br />

any additional contributions in respect to that service, when and if all <strong>of</strong> the following occur:<br />

(a) The board <strong>of</strong> retirement receives certification from the Board <strong>of</strong> Administration <strong>of</strong><br />

the Public <strong>Employees</strong>’ <strong>Retirement</strong> System <strong>of</strong> the service with which the person was entitled to<br />

be credited by the Public <strong>Employees</strong>’ <strong>Retirement</strong> System at the time <strong>of</strong> cessation <strong>of</strong> his or her<br />

public agency or state employment.<br />

(b) There is paid into the county retirement fund <strong>of</strong> the county, an amount equal to the<br />

normal contributions <strong>of</strong> the person to the Public <strong>Employees</strong>’ <strong>Retirement</strong> System, together with<br />

all interest credited thereto, which amount shall be credited to the individual account <strong>of</strong> the<br />

member in the county retirement system, and shall thereafter for all purposes be deemed to<br />

be the member’s contribution to the county retirement system with respect to the service so<br />

certified.<br />

(c) There is paid to the retirement system <strong>of</strong> the county an amount equal to all<br />

contributions <strong>of</strong> the public agency or the state made to the Public <strong>Employees</strong>’ <strong>Retirement</strong><br />

System on account <strong>of</strong> service rendered by the person together with interest credited to the<br />

public agency or the state thereto.<br />

(d) The board <strong>of</strong> retirement elects to apply this section as a prudent means <strong>of</strong> mitigating<br />

against potential adverse financial impact upon the county retirement system from the cost<br />

177<br />

Article 7, §31656. - §31657.

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