30.06.2014 Views

County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(d)(1) The board <strong>of</strong> supervisors shall adopt regulations allowing individual county and<br />

district employees to irrevocably request coverage under Tier Two.<br />

(2) The regulations shall specify the period during which each person may request<br />

coverage<br />

(A) For persons who are employees on the applicability date <strong>of</strong> this section, Tier<br />

Two, to the county or district, this period may not exceed one year after that date.<br />

(B) For persons not subject to subparagraph (A), who before the Tier Two<br />

applicability date chose deferred retirement under Article 9 (commencing with Section 31700)<br />

from the county’s Tier One retirement system, and who thereafter while still in deferred status<br />

returned to active membership, this period may not exceed 90 days after that return.<br />

(C) For persons not subject to subparagraph (A) who enter or reenter employment<br />

in the county or the district, for the first time after Tier Two is applicable thereto, with<br />

reciprocal rights under Article 15 (commencing with Section 31830), this period may not exceed<br />

90 days after that entry or reentry.<br />

(e) Anyone requesting coverage as provided for in this section, who becomes<br />

permanently incapacitated as defined in Section 31720.1, shall be granted a disability allowance<br />

under Section 31727.01 if the member has completed five years <strong>of</strong> service.<br />

(f) This section is intended to, and shall, apply retroactively, from the effective date <strong>of</strong><br />

the original enactment <strong>of</strong> Section 31751, April 4, 1980, forward so that its beneficial effects and<br />

those <strong>of</strong> the original enactment are available to all persons covered by this section as though it<br />

had been originally enacted in its present form.<br />

(g) Notwithstanding any other provision <strong>of</strong> law, if a county adopts a resolution<br />

pursuant to subdivision (a) <strong>of</strong> Section 31755.1, this section may, pursuant to a memorandum<br />

<strong>of</strong> understanding in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing<br />

with Section 3500) <strong>of</strong> Division 4 <strong>of</strong> Title 1), be made inapplicable to those <strong>of</strong>ficers and<br />

employees <strong>of</strong> the county specified in the resolution for service performed on and after the<br />

operative date specified in the memorandum <strong>of</strong> understanding. In that event, this section<br />

shall also be inapplicable to nonrepresented employees within similar job classifications<br />

as employees in applicable bargaining units and to the supervisors and managers <strong>of</strong> those<br />

employees. If a district adopts a resolution pursuant to subdivision (a) <strong>of</strong> Section 31755.1,<br />

this section shall be inapplicable to the <strong>of</strong>ficers and employees <strong>of</strong> the district on and after the<br />

operative date <strong>of</strong> the resolution.<br />

(h) No district may make this section applicable to any <strong>of</strong> its <strong>of</strong>ficers or employees on or<br />

after the effective date <strong>of</strong> the act adding this subdivision.<br />

(Repealed and added by Stats. 1984, Ch. 591, Sec. 4, Effective July 19, 1984)<br />

(Added by Stats. 2002, Ch. 695 (S.B. 2100), Sec. 2, Effective September 18, 2002, as an<br />

urgency statute)<br />

§31752. Contra Costa <strong>County</strong>; retirement allowance (Contra Costa)<br />

This section shall apply to members subject to Section 31751.<br />

Notwithstanding any other provision <strong>of</strong> this chapter, the current service pension or the<br />

current service pension combined with the prior service pension is an additional pension for<br />

members purchased by the contributions <strong>of</strong> the county or district sufficient, when added to the<br />

service retirement annuity, to equal, as follows:<br />

(a) The percentage <strong>of</strong> the member’s final compensation, as defined in Section 31462,<br />

in the following table set forth in Column (A) opposite the member’s age at retirement, taken<br />

to the preceding completed quarter year, multiplied by the number <strong>of</strong> years <strong>of</strong> service under<br />

Section 31751 with which the member is entitled to be credited at retirement, less<br />

(b) The percentage <strong>of</strong> the member’s Primary Insurance Amount to which the member<br />

273<br />

Article 10, §31751. - §31752.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!