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County Employees Retirement Law of 1937 (CERL) - sdcera

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who have been retired for disability shall only be entitled to cost-<strong>of</strong>-living adjustments as<br />

provided by the board <strong>of</strong> supervisors for Tier Two retired members pursuant to Article 16.5<br />

(commencing with Section 31830).<br />

(i) The board <strong>of</strong> supervisors may adopt regulations to implement the provisions <strong>of</strong> this<br />

section.<br />

(Added by Stats. 1997, Ch. 254 (A.B. 180), Sec. 1)<br />

(Amended by Stats. 2004, Ch. 183 (A.B. 3082), Sec. 169)<br />

(Amended by Stats. 2005, Ch. 22 (S.B. 1108), Sec. 91)<br />

§31755.1. Applicability <strong>of</strong> Tier Three to <strong>of</strong>ficers and employees <strong>of</strong> Contra Costa <strong>County</strong> who<br />

become members or return to membership in the county or district; applicability or<br />

benefit formula to Tier Two service (Contra Costa)<br />

Notwithstanding any other provision <strong>of</strong> law:<br />

(a)(1) The Board <strong>of</strong> Supervisors <strong>of</strong> Contra Costa <strong>County</strong> may, pursuant to a<br />

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

(commencing with Section 3500) <strong>of</strong> Division 4 <strong>of</strong> Title 1), adopt a resolution making this section<br />

applicable to the <strong>of</strong>ficers and employees <strong>of</strong> the county specified in the resolution and specifying<br />

the future operative date <strong>of</strong> its application.<br />

(2) After the board <strong>of</strong> supervisors has adopted that resolution, the governing body<br />

<strong>of</strong> a district may make this section applicable to its <strong>of</strong>ficers and employees by adopting a<br />

resolution specifying the future operative date <strong>of</strong> its application, which date may not be earlier<br />

than the operative date <strong>of</strong> the resolution described in paragraph (1).<br />

(b)(1) Except as otherwise provided in this section, Tier Three, as described in Section<br />

31755, shall apply to all <strong>of</strong>ficers and employees who become members or return to membership<br />

in the county or district, and with respect to service performed, on or after the date this section<br />

becomes applicable in the county or district.<br />

(2) On the date this section becomes applicable in the county or district, those <strong>of</strong>ficers<br />

and employees specified in the resolution described in subdivision (a) and then-subject to<br />

Tier Two shall thereafter be covered by Tier Three, as described in Section 31755, for service<br />

performed on and after that date.<br />

(c) This section may not apply to an employee for any service performed while he or she<br />

is a safety member under this chapter or is subject to Tier One, as described in Section 31755.<br />

(d) The benefit formula set forth in Section 31752 shall apply to the Tier Two service with<br />

which a member is entitled to be credited at retirement.<br />

(e) If the county adopts a resolution pursuant to subdivision (a), this section shall apply<br />

equally to any nonrepresented employees in similar job classifications as employees within<br />

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

(Added by Stats. 2002, Ch. 695 (S.B. 2100), Sec. 3, Effective September 18, 2002, as an<br />

urgency statute)<br />

§31755.2. Applicability <strong>of</strong> benefit formula to Tier Three <strong>of</strong>ficers and employees <strong>of</strong> Contra<br />

Costa <strong>County</strong> (Contra Costa)<br />

Notwithstanding any other provision <strong>of</strong> law:<br />

(a)(1) The Board <strong>of</strong> Supervisors <strong>of</strong> Contra Costa <strong>County</strong> may, pursuant to a<br />

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

(commencing with Section 3500) <strong>of</strong> Division 4 <strong>of</strong> Title 1), adopt a resolution making this section<br />

applicable to the <strong>of</strong>ficers and employees <strong>of</strong> the county specified in the resolution and specifying<br />

the future operative date <strong>of</strong> its application.<br />

(2) After the board <strong>of</strong> supervisors has adopted that resolution, the governing body<br />

<strong>of</strong> a district may make this section applicable to its <strong>of</strong>ficers and employees by adopting a<br />

277<br />

Article 10, §31755. - §31755.2.

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