County Employees Retirement Law of 1937 (CERL) - sdcera

§31803. Federal system defined
“Federal system” means the old age and survivors insurance provisions of the Social
Security Act.
(Added by Stats. 1957, Ch. 663, Sec. 1, Effective May 31, 1957)
§31804. Reference to federal law as including amendments
Whenever reference is made to any federal law or regulation or part thereof, the
reference applies to all amendments and additions now or hereafter made to such law.
(Added by Stats. 1957, Ch. 663, Sec. 1, Effective May 31, 1957)
§31805.1. Recalculation of benefits
Effective with the approval of this section the service retirement allowances of those
heretofore retired shall be recalculated as though Section 31805 had not been enacted.
(Amended by Stats. 1980, Ch. 676, Sec. 117)
§31806. Inapplicability of compulsory retirement provisions to certain members; retirement
upon qualifying for federal benefits
The provisions of this chapter requiring retirement at age 65 or 70, whichever applies,
shall not be applicable to any person who is a member on the effective date of this article when
the application of such provision would preclude the member from qualifying for federal
benefits, but such member shall be retired forthwith, as provided in Section 31671 or Section
31671.01 1 , upon qualifying for such federal benefits.
(Amended by Stats. 1967, Ch. 1155, Sec. 4)
1
Both repealed. See, now, Section 31671.05 for mandatory retirement provisions.
§31807. Minimum retirement allowances
The retirement allowance payable under Section 31808, Section 31808.1 or Section 318091
of this code, whichever is applicable, to a person who was a member on the effective date of
this article in any county pursuant to this article if not fully insured for old age payments under
the federal system at time of retirement shall be not less than that amount for which he would
have been eligible if this article were not applicable to the member.
The retirement allowance payable under Section 31808, Section 31808.1 or Section 31809 1
of this code, whichever is applicable, to a person who was a member on the effective date of
this article in any county pursuant to this article if fully insured for old age payments under the
federal system at time of retirement shall not be less than an amount which, when added to the
primary insurance amount payable to him under the federal system at time of retirement will
equal the allowance which would otherwise be payable to the member under the provisions of
this chapter if this article were not applicable to the member. If the member retires for service
prior to retirement age under the federal system and the amount available to him under the
provisions of Section 31810 is less than the allowance which would otherwise be payable to the
member under the provisions of this chapter if this article were not applicable to the member
then the allowance shall be increased to an amount not less than that which would otherwise
be payable.
(Amended by Stats. 1961, Ch. 987, Sec. 2)
1
Repealed
Article 13, §31803. - §31807. 320