County Employees Retirement Law of 1937 (CERL) - sdcera

years if the children remain unmarried and are regularly enrolled as full-time students in any
accredited school as determined by the board.
(c) The election under this section may not, in the opinion of the board and the actuary,
place any additional burden upon the retirement system. If a member elects to be subject to
this section, the retirement allowance that would otherwise be payable to the member shall be
reduced by the additional cost to the system resulting from the increased survivor allowance.
The actuarial cost of the survivor allowance payable under this section shall be calculated
taking into account the life expectancy of the member’s surviving spouse.
(d) This section is only applicable to Los Angeles County and is not operative unless and
until the board of supervisors of the county elects, by resolution adopted by a majority vote,
to make this section operative in the county. This section applies only to those members who
retire after the operative date of this section.
(Added by Stats. 2004, Ch. 152 (S.B. 1260), Sec. 3)
§31760.7. Retired member entitled to elect or change optional retirement allowance if
specified criteria met
(a) A retired member, in order to provide for his or her domestic partner, shall be
entitled to elect or change any optional retirement allowance pursuant to this article, if all of the
following criteria are satisfied:
(1) The member retired on or before January 1, 2006.
(2) At retirement, the member elected an unmodified retirement allowance or one
of the optional settlements specified in this article naming his or her domestic partner as
beneficiary.
(3) At the time of election under this section, the retired member and domestic
partner are registered as domestic partners with the Secretary of State, and provide a copy of
their Certificate of Registered Domestic Partnership to the retirement system.
(4) The retired member and domestic partner sign an affidavit under penalty of
perjury stating that at least one year prior to the member’s service retirement effective date or
at the disability retirement date the member and partner would have qualified to be registered
as domestic partners pursuant to Section 297 of the Family Code.
(b) The retirement system has no obligation to locate or otherwise contact retired
members who may qualify for allowances under the terms of this section.
(c) Notwithstanding any other provision of this chapter, if a retired member elects to
change his or her retirement election pursuant to this section, the member’s allowance shall be
adjusted prospectively only. The adjusted retirement allowance shall be effective on the first
day of the month following receipt of the member’s signed election. The member shall not be
eligible to recover payment retroactively for any period between his or her retirement effective
date and the date of election under this section.
(d) This section does not apply to members who are required to provide a continuing
benefit to a former spouse pursuant to court order.
(e) The right of a member to make an election pursuant to this section shall expire on
January 1, 2007.
(Added by Stats. 2005, Ch. 418 (S.B. 973), Sec. 25)
§31761. Optional settlement 1
Optional settlement 1 consists of the right to elect in writing to have a retirement
allowance paid him or her until his or her death and, if he or she dies before he or she receives
in annuity payments the amount of his or her accumulated contributions at retirement, to have
the balance at death paid to his or her estate or to the person, having an insurable interest in
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Article 11, §31760.5. - §31761.