County Employees Retirement Law of 1937 (CERL) - sdcera

pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing
the governing body of a county or district to terminate the basic benefits required under the
provisions of this chapter.
The governing board of a county or district prior to adopting an ordinance or resolution
allowing the termination of the applicability of any increased benefit provisions shall provide
an oral or written explanation of the effect and impact of the termination for each member
requesting termination of the applicability of any such provisions.
The governing board shall require members requesting termination of the applicability
of any provisions to sign an affidavit stating that the member has been fully informed
regarding the effect of the termination, and understands that the termination of a provision
or provisions is irrevocable. The affidavit shall also state that the employee has chosen
termination of the provision or provisions of the employee’s own free will and was not coerced
into termination of any provision by the employer or any other person.
The governing body shall, in the ordinance or resolution granting current employees
the option of electing to have the applicability of such provision or provisions terminated,
specify the provision or provisions which shall be applicable to current employees making the
election. Employees who elect to have the provision or provisions terminated, shall have their
retirement allowance for service rendered after the effective date of election calculated on the
basis of the provision made applicable by the governing body.
The retirement allowance for services rendered prior to the effective date of the election
shall be calculated on the basis of the provision or provisions applicable during that period of
service. Any employee who has made such an election shall not be eligible for retirement unless
the employee meets the minimum requirements of the provision or provisions applicable to the
date of retirement.
A current employee who has elected to have the applicability of the provision or
provisions terminated may not rescind such an election unless the governing body of the
county or district again makes the particular provision or provisions applicable to the county or
district through the adoption of a subsequent ordinance or resolution. Any such election made
by a current employee shall be binding upon the employee’s spouse and all others claiming
benefits under such employee’s entitlement.
An employee may make the election described herein at any time. The effective date of
the election shall be the first day of the biweekly payroll period following execution and filing
of the employee’s affidavit.
An employee suffering a break in service shall, if he or she returns to covered
employment within three years of the date of separation, return at the higher level if and only
if his or her prior coverage was at that level. The provision in this paragraph applies only to
separations occurring between June 30, 1983, through and including June 30, 1988, and further
applies only to employees who were active members on June 30,1983, and to employees laid
off prior to that date who were on a civil service reemployment list on June 30, 1983. This
provision does not apply to employees leaving the retirement system because of a change of
status from full time to part time, regular appointment to project appointment and back to
regular appointment, or regular appointment to intermittent appointment and back to regular
appointment.
After June 30, 1988, an employee who is laid off and rehired within one year from the
date of separation shall return at the higher level if and only if his or her prior coverage was at
that level.
A former employee who has elected retirement from the higher benefit level and who
returns to covered employment shall return to the higher benefit level. The benefit levels
described in this section are those in existence on July 1, 1983. This section shall only be
Article 1, §31484.8. 34