County Employees Retirement Law of 1937 (CERL) - sdcera

§31485.9. Provision of retirement benefits for some but not all general members of a county
or district; Provision of different benefits for certain subgroups within a membership
classification
(a) Notwithstanding any other provision of law, including, but not limited to, Chapter
10 (commencing with Section 3500) of Division 4 of Title 1, no resolution, ordinance, contract,
or contract amendment under this chapter adopted on or after January 1, 2004, may provide
any retirement benefits for some, but not all, general members of a county or district.
(b) No resolution, ordinance, contract, or contract amendment under this chapter
adopted on or after January 1, 2004, may provide different retirement benefits for any
subgroup of general members within a membership classification, including, but not limited
to, bargaining units or unrepresented groups, unless benefits provided by statute for members
hired on or after the date specified in the resolution are adopted by the county or district
governing board, by resolution adopted by majority vote, pursuant to a memorandum of
understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 2). All nonrepresented employees within similar job
classifications as employees in a bargaining unit subject to a memorandum of understanding,
or supervisors and managers thereof, shall be subject to the same formula for the calculation of
retirement benefits applicable to the employees in the bargaining unit. No retirement contract
amendment may be imposed by the employer in absence of a memorandum of understanding
under the Meyers-Milias-Brown Act.
(c) This section does not preclude changing membership classification from one
membership classification to another membership classification.
(d) This section shall not apply to retirement benefits for a member described in
paragraph (2) of subdivision (d) of Section 31676.15.
(Added by Stats. 2003, Ch. 852 (A.B. 1587), Sec. 1)
(Amended by Stats. 2007, Ch. 86 (A.B. 1255), Sec. 1, Effective July 17, 2007, as an urgency
statute)
§31485.10. San Mateo County authority to provide retirement benefits to some but not all
general members or safety members; different formula for membership classifications
a) Notwithstanding any other provision of law, in a county of the 10th class, as defined
in Sections 28020 and 28031, the board of supervisors may, by resolution, ordinance, contract, or
contract amendment under this chapter, provide any retirement benefits for some, but not all,
general members or safety members of a county.
(b) The resolution, ordinance, contract, or contract amendment described in subdivision
(a) may provide a different formula for calculation of retirement benefits, by making any
section of this chapter applicable to any subgroup of members within a membership
classification, including, but not limited to, bargaining units, or unrepresented groups,
applicable to service credit earned on and after the date specified in the resolution, which date
may be earlier than the date the resolution is adopted.
(c) A resolution adopted pursuant to this section may require members to pay all or
part of the contributions by a member or employer, or both, that would have been required if
the section or sections specified in subdivision (b), as adopted by the board or governing body,
had been in effect during the period of time designated in the resolution. The payment by a
member shall become part of the accumulated contributions of the member. For those members
who are represented by a bargaining unit, the payment requirement shall be approved in
a memorandum of understanding executed by the board of supervisors and the employee
representatives.
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Article 1, §31485.9. - §31485.10.