County Employees Retirement Law of 1937 (CERL) - sdcera

Article 8
Retirement for Service
(Article 8 added by Stats. 1947, Ch. 424, Sec. 1)
§31670. Retirement for age and service
Retirement of a member who has met the requirements for age and service shall be
made by the board pursuant to this article.
(Added by Stats. 1947, Ch. 424, Sec. 1)
§31671. Benefits computation; amount of compensation considered in determination
The amount of compensation that is taken into account in computing benefits payable
to any person who first becomes a member of the retirement system on or after July 1, 1996,
shall not exceed the limitations in Section 401 (a) (17) of Title 26 of the United States Code
upon public retirement systems, as that section may be amended from time to time and as that
limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living.
The determination of compensation for each 12-month period shall be subject to the annual
compensation limit in effect for the calendar year in which the 12-month period begins. In
a determination of average annual compensation over more than one 12-month period, the
amount of compensation taken into account for each 12-month period shall be subject to the
applicable annual compensation limit.
(Added by Stats. 1995, Ch. 829 (S.B. 791), Sec. 12)
§31671.05. Mandatory retirement age less than 70; effect
A member who, on December 31, 1978, was a member of a retirement system under this
chapter which imposed a mandatory retirement age less than age 70 applicable to that member
may, notwithstanding the repeal of Section 31671 by the same act amending this section during
the 1983 portion of the 1983-84 Regular Session of the Legislature and the repeal of Sections
31671.01 and 31671.02 by Chapter 385 of the Statutes of 1978, retire from that system upon
reaching the mandatory retirement age in effect for that system on December 31, 1978.
This section shall not become operative in any county until the board of supervisors
adopts a resolution making it operative in the county.
(Amended by Stats. 1983, Ch. 666, Sec. 20)
§31672. Voluntary retirement; application; conditions
A member who has reached 70 years of age or a member who has completed 10 years
of service and who has reached 55 years of age, or a member who has completed 30 years
of service regardless of age, may be retired upon filing with the board a written application,
setting forth the date upon which he or she desires his or her retirement to become effective not
earlier than the date the application is filed with the board and not more than 60 days after the
date of filing the application. Fifty-five years of age in the preceding sentence may be reduced
to 50 years of age in a county by resolution of the board of supervisors.
(Amended by Stats. 1972, Ch. 1126, Sec. 3)
(Amended by Stats. 2006, Ch. 846 (A.B. 2863), Sec. 3, Effective September 30, 2006)
§31672.1. Voluntary retirement; application; age 55, 10 years of service, 5 full years of credit
Any employee who has reached the age of 55 years, has held a position in the county
service for 10 years, and on the date of his retirement is employed in a temporary, seasonal,
intermittent, or part-time position in which he has received credit for five full years of service,
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Article 8, §31670. - §31672.1.