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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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in the administration <strong>of</strong> the said federal system as it affects the State and the county and its<br />

employees.<br />

(Added by Stats. 1963, Ch. 2090, Sec. 1)<br />

Article 17.5<br />

Termination <strong>of</strong> Social Security in Counties with a Population Exceeding 6,000,000<br />

(Article 17.5 added by Stats. 1982, Ch. 1567, Sec.1; Applicable as prescribed by Section 31894.1)<br />

§31894.1. Application <strong>of</strong> article; notice <strong>of</strong> intent to terminate benefits<br />

This article shall apply only in a county with a population exceeding 6,000,000 and shall<br />

apply in that county only if the board <strong>of</strong> supervisors has provided notice <strong>of</strong> intent to terminate<br />

benefits under federal social security.<br />

(Added by Stats. 1982, Ch. 1567, Sec. 1)<br />

§31894.2. Advisory vote; cancellation <strong>of</strong> notice <strong>of</strong> intent; judicial proceeding to secure new<br />

benefits<br />

Any county which has provided the notice specified in Section 31894.1 shall provide a<br />

vote <strong>of</strong> the affected members, the results <strong>of</strong> which shall be advisory to the board <strong>of</strong> supervisors.<br />

The board <strong>of</strong> supervisors may, following the advisory vote, cancel their notice <strong>of</strong> intent to<br />

withdraw from social security at least 30 days prior to the effective date <strong>of</strong> termination <strong>of</strong><br />

coverage under the federal system.<br />

Nothing in this section shall be construed to waive any rights that employees may have<br />

to secure by appropriate judicial proceeding new benefits comparable to those provided under<br />

the federal social security system.<br />

(Added by Stats. 1982, Ch. 1567, Sec. 1)<br />

§31894.3. Certification that board had obtained advisory vote <strong>of</strong> members<br />

The board <strong>of</strong> supervisors shall, by resolution, certify to the Board <strong>of</strong> Administration<br />

<strong>of</strong> the Public <strong>Employees</strong>’ <strong>Retirement</strong> System that the provisions <strong>of</strong> Section 31894.2 have been<br />

complied with. In the event that the board <strong>of</strong> supervisors cannot certify compliance with<br />

the provisions <strong>of</strong> Section 31894.2, the board <strong>of</strong> supervisors shall cancel their notice <strong>of</strong> intent<br />

to withdraw from social security at least 30 days prior to the effective date <strong>of</strong> termination <strong>of</strong><br />

coverage under the federal system.<br />

(Added by Stats. 1982, Ch. 1567, Sec.1)<br />

363<br />

Article 17, §31894. - Article 17.5, §31894.3.

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