County Employees Retirement Law of 1937 (CERL) - sdcera

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COUNTY EMPLOYEES RETIREMENT LAW OF 1937 GOVERNMENT CODE Title 3, Division 4, Part 3, Chapter 3 and 3.9 Sections 31450-31899.10 Includes Additions and Amendments of 2011 Effective January 1, 2012 C
2012 Edition County Employees Retirement Law Legislative Updates Legislation enacted in 2011 added or amended the following sections of the County Employees Retirement Law of 1937. These additions and amendments became effective January 1, 2012, unless otherwise indicated. Article/Section Added/Amended Bill Page Article 1 General 31459.1 Amended SB 637 7 31484.9 Amended SB 373 35 31485.10 Amended AB 89 39 urgency eff. 10-2-11 31485.18 Added AB 329 43 urgency eff. 6-13-11 Article 3 Retirement Board 31520.1 Amended SB 203 103 31520.2 Amended SB 203 105 31520.3 Amended SB 203 105 31520.4 Amended SB 203 106 31520.5 Amended SB 203 106 31523 Repealed and added SB 203 111 31523.1 Added SB 203 111 31535.1 Amended SB 637 115 E
Page 1: 2012 Edition County Employees Retir
Page 5 and 6: Article TABLE OF CONTENTS Part 3 of
Page 7 and 8: INDEX A Absence, leave of Does not
Page 9 and 10: Benefit notification to spouse.....
Page 11 and 12: Disability retirement allowance, se
Page 13 and 14: Based on notice of redeposit.......
Page 15 and 16: Accumulated additional.............
Page 17 and 18: Drugs, denial of pension because of
Page 19 and 20: Health officer advises board.......
Page 21 and 22: Legal services (see Attorney for bo
Page 23 and 24: N Non-contributory plans...........
Page 25 and 26: Contributions to obtain credit for.
Page 27 and 28: Blood-borne infectious disease, pre
Page 29 and 30: After retirement (see Employment, a
Page 31 and 32: Contributions Withdrawal of........
Page 33 and 34: V Vacancies on board...............
Page 35 and 36: or government named in the written
Page 37 and 38: that demonstrates a financial neces
Page 39 and 40: may be collected. (e) The provision
Page 41 and 42: (b) In Article 17 (commencing with
Page 43 and 44: “compensation earnable” shall i
Page 45 and 46: Earnings Code No. Title 609 RN Assi
Page 47 and 48: §31462.1. “Final compensation”
Page 49 and 50: (h) “District” also includes th
Page 51 and 52: that person may be assigned, except
Page 53 and 54:
probation officers, as provided in
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peace officer members said special
Page 57 and 58:
(b) In a county with a population i
Page 59 and 60:
§31472. “Regular interest’ def
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sufficient to meet the minimum requ
Page 63 and 64:
applies shall have the cost-of-livi
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specify the provision or provisions
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pursuant to the provisions of this
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chosen termination of the provision
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y a current employee shall be bindi
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(d) A resolution adopted pursuant t
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§31485.14. Internal Revenue Code C
Page 77 and 78:
Article 1.4 Alternative Plan for Co
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same purchase rights and shall cont
Page 81 and 82:
Age ERA Factor 61 .67 62 .74 63 .82
Page 83 and 84:
certification shall be made within
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in which the member or former membe
Page 87 and 88:
(e) No member may receive service c
Page 89 and 90:
§31491.1. Adjustment of member’s
Page 91 and 92:
e continued during and throughout t
Page 93 and 94:
(b) This section shall be applicabl
Page 95 and 96:
(d) Transferred members shall recei
Page 97 and 98:
subdivision (a). (e) This section s
Page 99 and 100:
member may not exchange less than 1
Page 101 and 102:
§31495. Employer contribution (Los
Page 103 and 104:
previously received), multiplied by
Page 105 and 106:
any disability benefits received by
Page 107 and 108:
(1) An employee’s prior career ea
Page 109 and 110:
conditions for different job classi
Page 111 and 112:
eceipt of election to transfer by t
Page 113 and 114:
(1) An employee’s prior career ea
Page 115 and 116:
Article 1.8 Alternative Optional, I
Page 117 and 118:
§31499.13. Credit for prior public
Page 119 and 120:
(i) The employer shall certify the
Page 121 and 122:
§31499.19. Severability (Stanislau
Page 123 and 124:
§31506. Retired members of superse
Page 125 and 126:
in lieu of being credited to the ot
Page 127 and 128:
subsequent to the effective date of
Page 129 and 130:
of the normal retirement pension to
Page 131 and 132:
§31511.6. Transfer to plan; time f
Page 133 and 134:
Retirement Law of l937 provisions o
Page 135 and 136:
102
Page 137 and 138:
(b) The alternate seventh member pr
Page 139 and 140:
Section 31520.1. (Amended by Stats.
Page 141 and 142:
§31522. Duties of board members; a
Page 143 and 144:
county employees, including those s
Page 145 and 146:
§31524. Separation from service Se
Page 147 and 148:
y resolution adopted by majority vo
Page 149 and 150:
etirement administrator or to any r
Page 151 and 152:
118
Page 153 and 154:
§31553. Elective officers; filing
Page 155 and 156:
of active law enforcement as define
Page 157 and 158:
§31560. Persons remaining safety m
Page 159 and 160:
this section may also elect in writ
Page 161 and 162:
wages and include therein an approp
Page 163 and 164:
§31586. Payments into fund as obli
Page 165 and 166:
thereof within this state, to proce
Page 167 and 168:
§31592.5. Notice to organization r
Page 169 and 170:
upon the county treasurer by this a
Page 171 and 172:
program utilizing the retirement fu
Page 173 and 174:
§31614. Employment of attorney; co
Page 175 and 176:
142
Page 177 and 178:
§31621.4. Normal rates of contribu
Page 179 and 180:
provide an average annuity at age 5
Page 181 and 182:
favor of each member. Such deductio
Page 183 and 184:
than five years’ service credit w
Page 185 and 186:
(Amended by Stats. 1986, Ch. 840, S
Page 187 and 188:
subject to the terms and conditions
Page 189 and 190:
156
Page 191 and 192:
§31641.02. Third class county; sic
Page 193 and 194:
etiring pursuant to this section. T
Page 195 and 196:
§31641.21. Regular interest, defin
Page 197 and 198:
of public service shall contribute
Page 199 and 200:
§31641.7. Rate of compensation to
Page 201 and 202:
§31644. Prior service; regulations
Page 203 and 204:
that the contributions made by the
Page 205 and 206:
earnable due pursuant to Section 31
Page 207 and 208:
as authorized by Section 31652 with
Page 209 and 210:
available only for the purpose of r
Page 211 and 212:
of disability retirements that may
Page 213 and 214:
§31662.2. Retirement of safety mem
Page 215 and 216:
§31663.2. (Repealed January 1, 201
Page 217 and 218:
Age at retirement Fraction 47 1/2 0
Page 219 and 220:
Age at retirement Fraction 49 0.952
Page 221 and 222:
Page 223 and 224:
190
Page 225 and 226:
may be retired upon filing with the
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
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effect on the date of the actual re
Page 249 and 250:
of retirement benefits described in
Page 251 and 252:
(c) (1) An election for the pension
Page 253 and 254:
§31680.01. Service as member of go
Page 255 and 256:
einstated, adjusted, however, by an
Page 257 and 258:
death to the respective elected ben
Page 259 and 260:
applicable in such county. (Amended
Page 261 and 262:
(b) No allowance shall be increased
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(2) The payments shall be made eith
Page 265 and 266:
Article 8.4 Community Property (Art
Page 267 and 268:
(c) If the nonmember elects to purc
Page 269 and 270:
for the benefits enumerated herein
Page 271 and 272:
any other benefits provided under t
Page 273 and 274:
employment benefits provided under
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(Amended by Stats. 1999, Ch. 525 (A
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(e) “Public agency” means any l
Page 279 and 280:
postemployment health benefits fund
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248
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§31702. Disposal of contributions
Page 285 and 286:
252
Page 287 and 288:
(1) “Active military service” m
Page 289 and 290:
(Added by Stats. 2000, Ch. 138 (A.B
Page 291 and 292:
employer has dismissed the member f
Page 293 and 294:
the position for which the member w
Page 295 and 296:
entitlement to disability retiremen
Page 297 and 298:
member covered under Section 31751
Page 299 and 300:
final compensation, as determined b
Page 301 and 302:
§31732. Medical, investigatory and
Page 303 and 304:
Period during which Percentage of i
Page 305 and 306:
e, shall be applicable in such coun
Page 307 and 308:
shall be entitled under federal soc
Page 309 and 310:
system established by Section 31751
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esolution specifying the future ope
Page 313 and 314:
§31760.11. Contra Costa County; co
Page 315 and 316:
(Added by Stats. 1986, Ch. 849, Sec
Page 317 and 318:
his or her life, as he or she nomin
Page 319 and 320:
any time before acceptance of any b
Page 321 and 322:
§31765.3. Amount of survivor allow
Page 323 and 324:
(3) To be subject to the provisions
Page 325 and 326:
(3) Waive the right to disability r
Page 327 and 328:
§31774. Participant becoming eligi
Page 329 and 330:
calendar year following the later o
Page 331 and 332:
(a) multiplied by the number of mon
Page 333 and 334:
300
Page 335 and 336:
22 years of age if enrolled as a fu
Page 337 and 338:
§31781.13. Amount of allowance pai
Page 339 and 340:
to claimants who have not yet attai
Page 341 and 342:
settlements specified in Article 11
Page 343 and 344:
§31787.5. Special death benefit; a
Page 345 and 346:
This section applies to every membe
Page 347 and 348:
accordance with Section 31789, and
Page 349 and 350:
316
Page 351 and 352:
exercising this option calculated t
Page 353 and 354:
§31803. Federal system defined “
Page 355 and 356:
compensation set forth in the table
Page 357 and 358:
of supervisors may elect deferred r
Page 359 and 360:
pursuant to subdivision (b) of Sect
Page 361 and 362:
328
Page 363 and 364:
330
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directly from county employment on
Page 367 and 368:
or fire department in this system w
Page 369 and 370:
subsequently becomes a member of th
Page 371 and 372:
system of any other public agency o
Page 373 and 374:
substantially comparable to those p
Page 375 and 376:
System Defined Benefit Plan, the Ju
Page 377 and 378:
§31850. Lump sum supplemental surv
Page 379 and 380:
§31855.7. Survivor’s allowance;
Page 381 and 382:
348
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enefits and lump sum supplemental s
Page 385 and 386:
§31870.11. Determination; increase
Page 387 and 388:
article (as fixed pursuant to Secti
Page 389 and 390:
§31874.2. Determination; maximum a
Page 391 and 392:
or annual death allowances payable
Page 393 and 394:
adjustments provided in Article 16.
Page 395 and 396:
purposes of Section 218(d)(5)(A) of
Page 397 and 398:
364
Page 399 and 400:
liable for such excess payment. (Ad
Page 401 and 402:
§31899.3. Impact of I. R. C. upon
Page 403:
(3) Take any and all other actions
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