County Employees Retirement Law of 1937 (CERL) - sdcera

death to the respective elected beneficiaries from each of the separate retirement period
elections.
(g) This section shall not apply to an employee who receives an additional retirement
benefit as an inducement to retire early.
(h) This section shall not be operative in any county until the board of supervisors of
that county, by resolution adopted by a majority vote, makes this section applicable in that
county.
(Added by Stats. 1993, Ch. 291 (A.B. 2069), Sec. 1)
§31680.8. (Operative date contingent) Reemployment and reinstatement; Additional
Retirement benefit; Applicability (Los Angeles)
(a) Notwithstanding any other provision of law, a safety member who was required
to retire for service because of age during the operative dates of, and as described in, Section
31662.4, 31662.6, 31662.8, or 31663, may be reemployed by the county in the same position that
he or she retired from and be reinstated to active membership upon all of the following:
(1) His or her application to the board for reinstatement to active membership.
(2) The determination of the board, based on medical advice, that the member is not
incapacitated for the duties of the position assigned to him or her.
(b) The member shall be reinstated to active membership in the plan or tier that he
or she retired from, effective the first day of the month following the date of reemployment,
and his or her membership shall be the same as if unbroken by retirement. Notwithstanding
any other provision of law, the credited service of the member rendered both before and after
reinstatement shall be included for the purpose of determining the eligibility of the member for
benefits under this chapter.
(c) Upon reemployment pursuant to this section, the retirement allowance of the
member shall be cancelled. Upon the subsequent termination of the member from employment,
the retirement allowance of the member shall be recalculated on the basis of the credited service
rendered both before and after reinstatement pursuant to the formula applicable to the member
prior to reinstatement. Notwithstanding any other provision of law, the reinstatement rights
conferred by this section shall not entitle a person to a retirement right or benefit that exceeds
the limitations in the Internal Revenue Code that apply to public retirement systems.
(d) Upon reinstatement pursuant to this section, the rate of contribution of the member
shall be based on the same age at entry that was used in calculating the contribution rate of the
member during his or her original period of employment.
(e) This section shall apply only to a county of the first class as described in Section
28020 and shall not become operative in that county until the board of supervisors, by
resolution adopted by majority vote, makes this section operative in that county.
(Added by Stats. 2006, Ch. 120 (A.B. 2366), Sec. 1)
§31680.9. Application of §31680.8 (Los Angeles)
(a) The application of Section 31680.8 shall be limited by this section. Section 31680.8
shall not apply to either of the following:
(1) A safety member who was required to retire as described in Section 31663.2.
(2) A member who retired as a safety member described in Section 31470.4 or 31470.6.
(b) This section shall apply only to a county of the first class as described in Section
28020.
(Added by Stats. 2006, Ch. 846 (A.B. 2863), Sec. 4, Effective September 30, 2006)
(Repealed by Stats. 2008, Ch. 21 (S.B. 579), Sec. 3, Effective June 2, 2008)
Article 8, §31680.7. - §31680.9. 224