County Employees Retirement Law of 1937 (CERL) - sdcera

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§31485. Ventura County; termination of certain additional benefits; request of members (Ventura) Notwithstanding any other provision of law, whenever the governing body of a county or district following meet and confer has made a particular provision or provisions of this chapter providing for increased benefits applicable to such county or district through the adoption of an ordinance or resolution, such governing body may at any time thereafter adopt another ordinance or resolution terminating the applicability of such provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of such provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits 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 oral and written explanation of the effect and impact of such 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 such member has been fully informed regarding the effect of such termination and understands that such termination of a provision or provisions is irrevocable. Such 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 such 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. Except as otherwise provided herein, the retirement allowance for service 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 at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5. Any employee making such election shall be refunded all moneys contributed by that employee for those benefits, and such employee waives and relinquishes all rights to such automatic cost-of-living benefits. A current employee who has elected to have the applicability of such 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 37 Article 1, §31485.
y a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall not be applicable to safety members. This section shall only be applicable to a county of the thirteenth class as described by Section 28034. (Added by Stats. 1980, Ch. 38, Sec. 1) §31485.5. Defined contribution plans; administration; legislative intent It is the intent of the Legislature that counties that are considering the adoption of defined contribution plans, also consider having those plans administered by their county retirement systems. (Added by Stats. 1991, Ch. 1108, Sec. 3.5, Effective October 14, 1991) §31485.6. Treasurer “Treasurer” as used in Sections 31595.9, 31625, 31625.1, 31629, and 31706 means the county treasurer or any other entity authorized by the board. (Added by Stats. 1995, Ch. 584 (A.B. 1021), Sec. 4) §31485.7. Retirement service credit; Time frame of purchase; operation of section (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31486.3, 31486.35, 31499.3, 31499.13, 31641.1, 31641.5, 31641.55, 31646, 31652, or 31658, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. (b) This section is not operative in any county until the board of supervisors, by resolution, makes this section applicable in the county. (Added by Stats. 1996, Ch. 493 (S.B. 792), Sec. 4) (Amended by Stats. 2003, Ch. 261 (A.B. 55), Sec. 1, Effective September 4, 2003) (Amended by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 1) (Amended by Stats. 2006, Ch. 834 (A.B. 3033), Sec. 3.5) (Amended by Stats. 2007, Ch. 130 (A.B. 299), Sec. 127) §31485.8. Retirement service credit; Time frame of purchase; application of section (Los Angeles) (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31490.5, 31490.6, 31494.3, 31494.5, 31641.1, 31641.5, 31646, 31652, or 31658, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. (b) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2003, Ch. 261 (A.B. 55), Sec. 2, Effective September 4, 2003) (Amended by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 2) (Amended by Stats. 2006, Ch. 117, (A.B. 2240), Sec. 2) (Amended by Stats. 2007, Ch. 130, (A.B. 299), Sec. 128) Article 1, §31485. - §31485.8. 38
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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
Page 19 and 20: Health officer advises board.......
Page 21 and 22: Legal services (see Attorney for bo
Page 23 and 24: N Non-contributory plans...........
Page 25 and 26: Contributions to obtain credit for.
Page 27 and 28: Blood-borne infectious disease, pre
Page 29 and 30: After retirement (see Employment, a
Page 31 and 32: Contributions Withdrawal of........
Page 33 and 34: V Vacancies on board...............
Page 35 and 36: or government named in the written
Page 37 and 38: that demonstrates a financial neces
Page 39 and 40: may be collected. (e) The provision
Page 41 and 42: (b) In Article 17 (commencing with
Page 43 and 44: “compensation earnable” shall i
Page 45 and 46: Earnings Code No. Title 609 RN Assi
Page 47 and 48: §31462.1. “Final compensation”
Page 49 and 50: (h) “District” also includes th
Page 51 and 52: that person may be assigned, except
Page 53 and 54: probation officers, as provided in
Page 55 and 56: peace officer members said special
Page 57 and 58: (b) In a county with a population i
Page 59 and 60: §31472. “Regular interest’ def
Page 61 and 62: sufficient to meet the minimum requ
Page 63 and 64: applies shall have the cost-of-livi
Page 65 and 66: specify the provision or provisions
Page 67 and 68: pursuant to the provisions of this
Page 69: chosen termination of the provision
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Page 75 and 76: §31485.14. Internal Revenue Code C
Page 77 and 78: Article 1.4 Alternative Plan for Co
Page 79 and 80: same purchase rights and shall cont
Page 81 and 82: Age ERA Factor 61 .67 62 .74 63 .82
Page 83 and 84: certification shall be made within
Page 85 and 86: in which the member or former membe
Page 87 and 88: (e) No member may receive service c
Page 89 and 90: §31491.1. Adjustment of member’s
Page 91 and 92: e continued during and throughout t
Page 93 and 94: (b) This section shall be applicabl
Page 95 and 96: (d) Transferred members shall recei
Page 97 and 98: subdivision (a). (e) This section s
Page 99 and 100: member may not exchange less than 1
Page 101 and 102: §31495. Employer contribution (Los
Page 103 and 104: previously received), multiplied by
Page 105 and 106: any disability benefits received by
Page 107 and 108: (1) An employee’s prior career ea
Page 109 and 110: conditions for different job classi
Page 111 and 112: eceipt of election to transfer by t
Page 113 and 114: (1) An employee’s prior career ea
Page 115 and 116: Article 1.8 Alternative Optional, I
Page 117 and 118: §31499.13. Credit for prior public
Page 119 and 120: (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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248
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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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accordance with Section 31789, and
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316
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exercising this option calculated t
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§31803. Federal system defined “
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compensation set forth in the table
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of supervisors may elect deferred r
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pursuant to subdivision (b) of Sect
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328
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330
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directly from county employment on
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or fire department in this system w
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subsequently becomes a member of th
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system of any other public agency o
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substantially comparable to those p
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System Defined Benefit Plan, the Ju
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§31850. Lump sum supplemental surv
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§31855.7. Survivor’s allowance;
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348
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enefits and lump sum supplemental s
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§31870.11. Determination; increase
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article (as fixed pursuant to Secti
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§31874.2. Determination; maximum a
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or annual death allowances payable
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adjustments provided in Article 16.
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purposes of Section 218(d)(5)(A) of
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364
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liable for such excess payment. (Ad
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§31899.3. Impact of I. R. C. upon
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(3) Take any and all other actions
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County Employees Retirement Law of 1937 (CERL) - sdcera

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