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County Employees Retirement Law of 1937 (CERL) - sdcera

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§31765.3. Amount <strong>of</strong> survivor allowance paid on or after operative date <strong>of</strong> this section<br />

pursuant to Section 31765.1 on account <strong>of</strong> member who dies before operative date <strong>of</strong><br />

this section; application and operative effect (Los Angeles)<br />

(a) Notwithstanding Section 31765.1, each survivor allowance paid on or after the<br />

operative date <strong>of</strong> this section pursuant to Section 31765.1 on account <strong>of</strong> a member who dies<br />

before the operative date <strong>of</strong> this section shall be equal to 65 percent <strong>of</strong> the monthly retirement<br />

allowance to which the deceased member would have been entitled if he or she had retired<br />

on the date <strong>of</strong> death with a retirement allowance not modified in accordance with one <strong>of</strong> the<br />

optional settlements specified in this article, as adjusted for the net cost-<strong>of</strong>-living percentage<br />

increase, if any, awarded to that survivor prior to the operative date <strong>of</strong> this section.<br />

(b) This section shall only be applicable to Los Angeles <strong>County</strong> and shall not become<br />

operative until the board <strong>of</strong> supervisors <strong>of</strong> that county elects, by resolution adopted by a<br />

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

(Added by Stats. 2001, Ch. 778 (A.B. 399), Sec. 12, Effective October 13, 2001, as an<br />

urgency statute)<br />

§31768. Increase <strong>of</strong> amounts payable under Sections 31760.1, 31760.2, and 31765.1; authority<br />

<strong>of</strong> board; application to counties <strong>of</strong> the first class (Los Angeles)<br />

Notwithstanding any other provision <strong>of</strong> this chapter to the contrary, the board may, by<br />

a resolution adopted, pursuant to both this section and Section 31792, by a majority vote and<br />

with respect only to persons who first become members on or after the effective date <strong>of</strong> the<br />

resolution, elect to increase, by 33 percent, the amounts payable pursuant to any one or more <strong>of</strong><br />

Sections 31760.1, 31760.2, and 31765.1.<br />

This section shall apply only to a county <strong>of</strong> the first class, as defined by Section 28020, as<br />

amended by Chapter 1204 <strong>of</strong> the Statutes <strong>of</strong> 1971, and Section 28022, as amended by Chapter 43<br />

<strong>of</strong> the Statutes <strong>of</strong> 1961.<br />

(Added by Stats. 1993, Ch. 286, Sec. 1)<br />

Article 11.5<br />

Deferred <strong>Retirement</strong> Option Program<br />

(Article 11.5 added by Stats. 2003, Ch. 897 (S.B. 274), Sec. 1)<br />

§31770. Short title<br />

This article shall be known and may be cited as the “Deferred <strong>Retirement</strong> Option<br />

Program.”<br />

(Added by Stats. 2003, Ch. 897 (S.B. 274), Sec. 1)<br />

§31770.1. Creation <strong>of</strong> program; conformance with federal law; severability<br />

(a) The Deferred <strong>Retirement</strong> Option Program is hereby created to provide eligible<br />

members who elect to participate in the program access to a lump sum, or in some cases,<br />

additional monthly payments for a specified period in addition to a monthly retirement<br />

allowance.<br />

(b) The design and administration <strong>of</strong> the Deferred <strong>Retirement</strong> Option Program shall<br />

conform to the applicable provisions <strong>of</strong> Title 26 <strong>of</strong> the United States Code and the Revenue and<br />

Taxation Code.<br />

(c) If any provision <strong>of</strong> this article or application there<strong>of</strong> to any person or circumstance<br />

is held invalid, that invalidity will not affect other provisions or applications <strong>of</strong> this article that<br />

Article 11, §31765.3. - Article 11.5, §31770.1. 288

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