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County Employees Retirement Law of 1937 (CERL) - sdcera

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his or her life, as he or she nominates by written designation duly executed and filed with the<br />

board.<br />

(Amended by Stats. 1991, Ch. 982, Sec. 2)<br />

§31762. Optional settlement 2<br />

Optional settlement 2 consists <strong>of</strong> the right to elect in writing to have a retirement<br />

allowance paid to him or her until his or her death, and thereafter to the person, having an<br />

insurable interest in his or her life, as he or she nominates by written designation duly executed<br />

and filed with the board at the time <strong>of</strong> his or her retirement.<br />

(Amended by Stats. 1991, Ch. 982, Sec. 3)<br />

(Amended by Stats. 2004, Ch. 183 (A.B. 3082), Sec. 170)<br />

§31763. Optional settlement 3<br />

Optional settlement 3 consists <strong>of</strong> the right to elect in writing to have a retirement<br />

allowance paid him or her until his or her death, and thereafter to have one-half <strong>of</strong> his or her<br />

retirement allowance paid to the person, having an insurable interest in his or her life, as he or<br />

she nominates by written designation duly executed and filed with the board at the time <strong>of</strong> his<br />

or her retirement.<br />

(Amended by Stats. 1991, Ch. 982, Sec. 4)<br />

§31764. Optional settlement 4<br />

Optional settlement 4 consists <strong>of</strong> the right to elect in writing to have a retirement<br />

allowance paid him or her until his or her death and thereafter to have other benefits as are<br />

approved by the board, upon the advice <strong>of</strong> the actuary, continued throughout the life <strong>of</strong> and<br />

paid to the persons, having an insurable interest in his or her life, as he or she nominates by<br />

written designation duly executed and filed with the board at the time <strong>of</strong> his or her retirement.<br />

The designation shall not, in the opinion <strong>of</strong> the board and the actuary, place any additional<br />

burden upon the retirement system.<br />

(Amended by Stats. 1991, Ch. 982, Sec. 5)<br />

§31764.5. (Operative date contingent) Adjustment after election to reduce allowance with<br />

optional settlement<br />

(a) At retirement, a member who elects an optional settlement pursuant to Section<br />

31762, 31763, or 31764 may elect to reduce his or her allowance to provide that if the named<br />

beneficiary predeceases the member, the member’s allowance shall be adjusted to the amount<br />

he or she would have been entitled to receive at retirement if his or her benefit had not been<br />

modified by an optional settlement, adjusted by any cost-<strong>of</strong>-living increases that would have<br />

been added to the monthly allowance. The adjusted allowance shall be effective on the first day<br />

<strong>of</strong> the month following the month in which notification <strong>of</strong> the beneficiary’s death is received by<br />

the board.<br />

(b) This section may not become operative if, in the opinion <strong>of</strong> the retirement board<br />

and the actuary, the allowances payable under this section would place an additional financial<br />

burden on the retirement system.<br />

(c) This section may not become operative until the board <strong>of</strong> supervisors elects, by<br />

resolution adopted by a majority vote, to make this section operative in the county.<br />

(Added by Stats. 2004, Ch. 441 (A.B. 979), Sec. 4)<br />

Article 11, §31761. - §31764.5. 284

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