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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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calculation stated in Section 31676.19. Once the election is made or is deemed to have been<br />

made, the employee will become a member retroactive to the date <strong>of</strong> hire. Any employee who<br />

subsequently otherwise becomes eligible for the pension calculation stated in Section 31676.19<br />

subsequent to the effective date <strong>of</strong> a resolution adopted under subdivision (a) shall continue to<br />

be covered by any immediately preceding retirement plan to which he or she was entitled from<br />

the county or district until he or she certifies his or her election to be covered by the pension<br />

calculation stated in Section 31676.01 or the pension calculation stated in Section 31676.19.<br />

(k) In the event that the final day to make an election or perform an act described in<br />

this section falls on a weekend or on a county or district holiday, a subsequent election or act<br />

shall be timely if made or performed on the immediately following regular business day <strong>of</strong> the<br />

county or district.<br />

(l) This section shall apply only in Orange <strong>County</strong>.<br />

(Added by Stats. 2009, Ch. 362 (S.B. 752), Sec. 1 – Urgency Statute, Effective October 11,<br />

2009)<br />

§31678.4. Applicability <strong>of</strong> formula for the calculation <strong>of</strong> retirement benefits<br />

The governing body <strong>of</strong> a district as defined in subdivision (l) <strong>of</strong> Section 31468 shall not<br />

elect to make a formula for the calculation <strong>of</strong> retirement benefits applicable to the personnel<br />

<strong>of</strong> the district appointed pursuant to Section 31522.5 who are employees <strong>of</strong> the retirement<br />

system unless the board <strong>of</strong> supervisors has made that formula applicable to personnel <strong>of</strong> that<br />

retirement system who are employees <strong>of</strong> the county.<br />

(Added by Stats. 2006, Ch. 369 (S.B. 777), Sec. 6)<br />

§31679. Minimum retirement benefits<br />

In every county in which a retirement system was established prior to January 1,<br />

1953, if a member enters or has heret<strong>of</strong>ore entered the retirement system with credit for prior<br />

service, and has heret<strong>of</strong>ore retired or shall hereafter be retired after attaining the compulsory<br />

retirement age, or at age 65 with 20 years service, and his retirement allowance is less than one<br />

thousand two hundred dollars ($1,200) a year, exclusive <strong>of</strong> any annuity based on additional<br />

contributions, an additional amount purchased by contributions <strong>of</strong> the county or district shall<br />

be added to his combined annuity and pensions which will cause his total retirement allowance<br />

to amount to one thousand two hundred dollars ($1,200) a year, exclusive <strong>of</strong> any annuity based<br />

on additional contributions.<br />

(Amended by Stats. 1953, Ch. 929, Sec. 6)<br />

§31680. Payment for service after retirement prohibited; exceptions; independent contractors<br />

A member retired for service or disability shall not be paid for any service rendered by<br />

him to the county or district after the date <strong>of</strong> his retirement, except: (a) As specifically provided<br />

in this chapter. (b) Pursuant to Section 31733. (c) The county or district may pay and such<br />

retired member may receive: (1) rewards for ideas or suggestions made by such retired member<br />

for the improvement <strong>of</strong> county or district activities; (2) compensation for his services on the<br />

board. (d) If the member is subsequently elected to county <strong>of</strong>fice after retirement.<br />

As herein used the term “services rendered” shall refer to service rendered as an <strong>of</strong>ficer<br />

or employee <strong>of</strong> the county or district and shall not refer to services performed by a retired<br />

<strong>of</strong>ficer or employee as an independent contractor engaged by a county or district under a bona<br />

fide contract for services within the purview <strong>of</strong> Section 31000 <strong>of</strong> this code.<br />

(Amended by Stats. 1971, Ch. 1322, Sec. 1)<br />

219<br />

Article 8, §31678.31. - §31680.

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