County Employees Retirement Law of 1937 (CERL) - sdcera

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Article 18 Adjustment to Fit Other Allowances (Article 18 added by Stats. 1965, Ch. 511, Sec. 1) §31895. “Public agency” defined As used in this article “public agency” includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. Section 31478 does not apply to this article. (Added by Stats. 1965, Ch. 511, Sec. 1) §31895.5. “Total benefits” defined As used in this article, “total benefits” means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. (Added by Stats. 1965, Ch. 511, Sec. 1) §31896. Increase in allowance resulting in decrease in amount of monetary payments due beneficiary If an increase in the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter, whether such increase begins prior or subsequent to the effective date of this article, results in the decrease of the amount of any monetary payments due to the same beneficiary from any public agency, such retirement allowance or other benefit shall be so reduced as to result in the maximum total benefits to such beneficiary. (Added by Stats. 1965, Ch. 511, Sec. 1) §31896.5. Change in effect of increase of retirement allowance or other benefit payable to beneficiary If the statutes, ordinances, rules, regulations, or orders of any public agency are so changed, or if for any other reason the effect of the increase of the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter on the amount of any monetary payments due to the same beneficiary by such public agency are changed, the board shall adjust such retirement allowance or other benefit, but not to an amount greater than otherwise authorized by this chapter so as to result in the maximum total benefits to such beneficiary. (Added by Stats. 1965, Ch. 511, Sec. 1) §31897. Provisions mandatory; information to board; procedure for ascertainment of facts The provisions of this article are mandatory and not subject to option or election by any member or other beneficiary. Every such beneficiary shall inform the board of all facts necessary in order to comply with this article. The board shall ascertain such facts by such procedures as it sees fit to adopt. (Added by Stats. 1965, Ch. 511, Sec. 1) §31897.5. Liability for excess payment If the board in good faith diligently seeks to ascertain all facts necessary in order to comply with this article, but, despite such effort, a payment of a retirement allowance or other benefit to any beneficiary is made without having been reduced as required by this article, neither the board, nor any member thereof, nor any public officer nor public employee shall be 365 Article 18, §31895. - §31897.5.
liable for such excess payment. (Added by Stats. 1965, Ch. 511, Sec. 1) §31897.6. Deduction of amount of advanced disability pension payments made to local safety members pursuant to specified Labor Code sections from member’s retroactive disability pension payments The board shall deduct the amount of advanced disability pension payments made to a local safety member pursuant to Section 4850.3 or 4850.4 of the Labor Code from the member’s retroactive disability pension payments. If the retroactive disability allowance is not sufficient to reimburse the total advanced disability pension payments, an amount no greater than 10 percent of the member’s monthly disability allowance shall be deducted and reimbursed to the local agency until the total advanced disability pension payments have been repaid. The local safety member and this system may agree to any other arrangement or schedule for the member to repay the advanced disability pension payments. (Added by Stats. 2002, Ch. 877 (A.B. 2131), Sec. 2) §31898. Reduction not to impair constitutional rights A retirement allowance or other benefit payable to a beneficiary pursuant to this chapter shall not be reduced pursuant to this article if such reduction would impair the constitutional rights of any person. (Added by Stats. 1965, Ch. 511, Sec. 1) Article 18, §31897.5. - §31898. 366
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2012 Edition County Employees Retir
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2012 Edition County Employees Retir
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Article TABLE OF CONTENTS Part 3 of
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INDEX A Absence, leave of Does not
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Benefit notification to spouse.....
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Disability retirement allowance, se
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Based on notice of redeposit.......
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Accumulated additional.............
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Drugs, denial of pension because of
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Health officer advises board.......
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Legal services (see Attorney for bo
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N Non-contributory plans...........
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Contributions to obtain credit for.
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Blood-borne infectious disease, pre
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After retirement (see Employment, a
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Contributions Withdrawal of........
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V Vacancies on board...............
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or government named in the written
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that demonstrates a financial neces
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may be collected. (e) The provision
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(b) In Article 17 (commencing with
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“compensation earnable” shall i
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Earnings Code No. Title 609 RN Assi
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§31462.1. “Final compensation”
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(h) “District” also includes th
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that person may be assigned, except
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probation officers, as provided in
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peace officer members said special
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(b) In a county with a population i
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§31472. “Regular interest’ def
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sufficient to meet the minimum requ
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applies shall have the cost-of-livi
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specify the provision or provisions
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pursuant to the provisions of this
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chosen termination of the provision
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y a current employee shall be bindi
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(d) A resolution adopted pursuant t
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§31485.14. Internal Revenue Code C
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Article 1.4 Alternative Plan for Co
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same purchase rights and shall cont
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Age ERA Factor 61 .67 62 .74 63 .82
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certification shall be made within
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in which the member or former membe
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(e) No member may receive service c
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§31491.1. Adjustment of member’s
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e continued during and throughout t
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(b) This section shall be applicabl
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(d) Transferred members shall recei
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subdivision (a). (e) This section s
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member may not exchange less than 1
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§31495. Employer contribution (Los
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previously received), multiplied by
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any disability benefits received by
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(1) An employee’s prior career ea
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conditions for different job classi
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eceipt of election to transfer by t
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(1) An employee’s prior career ea
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Article 1.8 Alternative Optional, I
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§31499.13. Credit for prior public
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(i) The employer shall certify the
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§31499.19. Severability (Stanislau
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§31506. Retired members of superse
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in lieu of being credited to the ot
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subsequent to the effective date of
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of the normal retirement pension to
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§31511.6. Transfer to plan; time f
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Retirement Law of l937 provisions o
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102
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(b) The alternate seventh member pr
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Section 31520.1. (Amended by Stats.
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§31522. Duties of board members; a
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county employees, including those s
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§31524. Separation from service Se
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y resolution adopted by majority vo
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etirement administrator or to any r
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118
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§31553. Elective officers; filing
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of active law enforcement as define
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§31560. Persons remaining safety m
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this section may also elect in writ
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wages and include therein an approp
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§31586. Payments into fund as obli
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thereof within this state, to proce
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§31592.5. Notice to organization r
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upon the county treasurer by this a
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program utilizing the retirement fu
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§31614. Employment of attorney; co
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142
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§31621.4. Normal rates of contribu
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provide an average annuity at age 5
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favor of each member. Such deductio
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than five years’ service credit w
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(Amended by Stats. 1986, Ch. 840, S
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subject to the terms and conditions
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156
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§31641.02. Third class county; sic
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etiring pursuant to this section. T
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§31641.21. Regular interest, defin
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of public service shall contribute
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§31641.7. Rate of compensation to
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§31644. Prior service; regulations
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that the contributions made by the
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earnable due pursuant to Section 31
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as authorized by Section 31652 with
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available only for the purpose of r
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of disability retirements that may
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§31662.2. Retirement of safety mem
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§31663.2. (Repealed January 1, 201
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Age at retirement Fraction 47 1/2 0
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Age at retirement Fraction 49 0.952
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190
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may be retired upon filing with the
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effect on the date of the actual re
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of retirement benefits described in
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(c) (1) An election for the pension
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§31680.01. Service as member of go
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einstated, adjusted, however, by an
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death to the respective elected ben
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applicable in such county. (Amended
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(b) No allowance shall be increased
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(2) The payments shall be made eith
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Article 8.4 Community Property (Art
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(c) If the nonmember elects to purc
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for the benefits enumerated herein
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any other benefits provided under t
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employment benefits provided under
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(Amended by Stats. 1999, Ch. 525 (A
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(e) “Public agency” means any l
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postemployment health benefits fund
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§31702. Disposal of contributions
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252
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(1) “Active military service” m
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(Added by Stats. 2000, Ch. 138 (A.B
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employer has dismissed the member f
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the position for which the member w
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entitlement to disability retiremen
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member covered under Section 31751
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final compensation, as determined b
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§31732. Medical, investigatory and
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Period during which Percentage of i
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e, shall be applicable in such coun
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shall be entitled under federal soc
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system established by Section 31751
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esolution specifying the future ope
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§31760.11. Contra Costa County; co
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(Added by Stats. 1986, Ch. 849, Sec
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his or her life, as he or she nomin
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any time before acceptance of any b
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§31765.3. Amount of survivor allow
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(3) To be subject to the provisions
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(3) Waive the right to disability r
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§31774. Participant becoming eligi
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calendar year following the later o
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(a) multiplied by the number of mon
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300
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22 years of age if enrolled as a fu
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§31781.13. Amount of allowance pai
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to claimants who have not yet attai
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settlements specified in Article 11
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§31787.5. Special death benefit; a
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This section applies to every membe
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Page 351 and 352: exercising this option calculated t
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Page 357 and 358: of supervisors may elect deferred r
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Page 365 and 366: directly from county employment on
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Page 371 and 372: system of any other public agency o
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Page 379 and 380: §31855.7. Survivor’s allowance;
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Page 383 and 384: enefits and lump sum supplemental s
Page 385 and 386: §31870.11. Determination; increase
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Page 389 and 390: §31874.2. Determination; maximum a
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Page 395 and 396: purposes of Section 218(d)(5)(A) of
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Page 401 and 402: §31899.3. Impact of I. R. C. upon
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County Employees Retirement Law of 1937 (CERL) - sdcera

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