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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<strong>of</strong> disability retirements that may be applied for in the future by persons injured while being<br />
employed by the county, fire authority, or district after ceasing to be employed by a public<br />
agency or the state as a result <strong>of</strong> the assumption by a county, fire authority, or district <strong>of</strong><br />
firefighting or law enforcement functions.<br />
This section shall apply in a county <strong>of</strong> the first, the second, or the fourteenth class, as<br />
defined by Section 28020, as amended by Chapter 1204 <strong>of</strong> the Statutes <strong>of</strong> 1971, and Section<br />
28022, as amended by Chapter 43 <strong>of</strong> the Statutes <strong>of</strong> 1961, and Section 28023, as amended by<br />
Chapter 1204 <strong>of</strong> the Statutes <strong>of</strong> 1971.<br />
(Added by Stats. 1990, Ch. 419, Sec. 6, Effective July 26, 1990)<br />
(Amended by Stats. 2000, Ch. 966 (A.B. 2331), Sec. 4)<br />
(Amended by Stats. 2001, Ch. 793 (A.B. 1683), Sec. 41)<br />
§31657.1. Assumption by county or district <strong>of</strong> safety functions performed by city; cessation<br />
<strong>of</strong> city employment; membership in county retirement association; service credits;<br />
applicability <strong>of</strong> section; duration <strong>of</strong> section (Santa Barbara)<br />
Subject to Section 20569.4, whenever, as a result <strong>of</strong> the assumption by a county or<br />
district <strong>of</strong> firefighting or law enforcement functions performed by a city subject to the Public<br />
<strong>Employees</strong>’ <strong>Retirement</strong> <strong>Law</strong> (Part 3 (commencing with Section 20000) <strong>of</strong> Division 5 <strong>of</strong> Title 2),<br />
any person who ceases to be employed by a city and who is employed by a county or district in<br />
which this chapter has become operative, that person shall become a member <strong>of</strong> the retirement<br />
association <strong>of</strong> a county immediately upon entrance to the county service. That member <strong>of</strong> the<br />
county retirement system shall be entitled to service credit in the county retirement system<br />
for the service for which he or she was entitled to credit in the Public <strong>Employees</strong>’ <strong>Retirement</strong><br />
System at the time <strong>of</strong> cessation <strong>of</strong> employment by the city, without necessity <strong>of</strong> payment <strong>of</strong> any<br />
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> the<br />
Public <strong>Employees</strong>’ <strong>Retirement</strong> System <strong>of</strong> the service with which the person was entitled to be<br />
credited by the Public <strong>Employees</strong>’ <strong>Retirement</strong> System at the time <strong>of</strong> cessation <strong>of</strong> his or her city<br />
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 />
the 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 the<br />
contributions <strong>of</strong> the city made to the Public <strong>Employees</strong>’ <strong>Retirement</strong> System on account <strong>of</strong><br />
service rendered by the person together with interest credited to the city thereto.<br />
(d) The board <strong>of</strong> retirement performs an actuarial analysis <strong>of</strong> the transactions required<br />
by this section and all related costs <strong>of</strong> the actuarial analysis shall be paid for by the city. Any<br />
liability identified by the actuarial analysis that is not covered by the revenues received by the<br />
county retirement fund pursuant to this section from the Public <strong>Employees</strong>’ <strong>Retirement</strong> System<br />
shall be paid by the city in a manner acceptable to the board <strong>of</strong> retirement.<br />
(e) The board <strong>of</strong> retirement approves all transactions required by this section.<br />
This section shall apply only to a county <strong>of</strong> the 16th class, as defined by Section 20820,<br />
as amended by Chapter 1204 <strong>of</strong> the Statutes <strong>of</strong> 1971, and Section 20837, as amended by Chapter<br />
1204 <strong>of</strong> the Statutes <strong>of</strong> 1971.<br />
This section shall not be operative in a county until the board <strong>of</strong> supervisors, by<br />
resolution adopted by a majority vote, makes this section operative in the county.<br />
Article 7, §31657. - §31657.1. 178