County Employees Retirement Law of 1937 (CERL) - sdcera

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§31486.6. Death benefits; election for lower pension to obtain different survivor allowance (Santa Barbara) (a) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (c), shall be continued during and throughout the life of his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including stepchild or adopted child, attains the age of 18 years, then the allowance that the surviving spouse would have received had she or he lived, shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, the allowance shall be divided among the children in equal amounts. However, the right of any child to share in the allowance shall cease upon the death or marriage of the child or upon the child attaining the age of 18 years. Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21 years, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) If, upon the death of a retired member, there is no surviving spouse or child entitled to the allowance under this section, and the total retirement allowance income received by the member during his or her lifetime did not exceed his or her accumulated normal contributions, if any, the member’s designated beneficiary shall be paid an amount equal to the excess of his or her accumulated normal contributions over his or her total retirement allowance income. (c) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone, may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and thereafter to have a survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. (d) Designations pursuant to subdivision (c) shall not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. (Added by Stats. 1984, Ch. 968, Sec.1, Effective September 10, 1984) (Amended by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 6) §31486.7. Death benefits; death of member before retirement while in service (Santa Barbara) Notwithstanding any other provisions, upon the death of a member before retirement while in service, the designated beneficiary shall receive a death benefit equal to one month’s final compensation as defined in subdivision (d) of Section 31486.1 for each year of service completed up to a maximum of six months. (Added by Stats. 1984, Ch. 968, Sec. 1, Effective September 10, 1984) §31486.8. Employment subsequent to effective date of article; certification of election of plan (Santa Barbara) Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until that person certifies to the board an election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the 49 Article 1.4, §31486.6. - §31486.8.
certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting the election. (Added by Stats. 1984, Ch. 968, Sec.1, Effective September 10, 1984) §31486.9. Transfer to Plan 2 by general members (Santa Barbara) (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. The transfer is voluntary and shall be irrevocable. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. However, notwithstanding any other provision of this article, a transferring member may elect to receive credit and a retirement benefit as determined by the former retirement system for public service credit received by leaving contributions on deposit or a refund of contributions and relinquish public service credit. (Added by Stats. 1984, Ch. 968, Sec. 1, Effective September 10, 1984) §31486.10. Election to transfer to contributory retirement plan (Santa Barbara) A member upon becoming vested under this article may elect to terminate and defer accrued benefits for the purpose of future service retirement benefits only, and enter membership of the contributory retirement provisions in effect for new members at the time of transfer. Notwithstanding any other provisions, the rate of contributions shall be based on age nearest birthday at the time of election to transfer. (Added by Stats. 1984, Ch. 968, Sec. 1, Effective September 10, 1984) §31486.11. Employer contribution (Santa Barbara) Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1984, Ch. 968, Sec. 1, Effective September 10, 1984) §31486.12. Severability (Santa Barbara) If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable. (Added by Stats. 1984. Ch. 968, Sec. 1, Effective September 10, 1984) Article 1.5 Alternative Plan for Counties with Population in Excess of Six Million (Los Angeles) (Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1, Effective September 28, 1981. Applicable as prescribed by Section 31487) §31487. Designation as Retirement Plan E; application of article; purpose; application of other laws (Los Angeles) (a) The retirement plan created by this article shall be known as Retirement Plan E. Article 1.4, §31486.8. - Article 1.5, §31487. 50
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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
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 and 70: chosen termination of the provision
Page 71 and 72: y a current employee shall be bindi
Page 73 and 74: (d) A resolution adopted pursuant t
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: Age ERA Factor 61 .67 62 .74 63 .82
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
Page 121 and 122: §31499.19. Severability (Stanislau
Page 123 and 124: §31506. Retired members of superse
Page 125 and 126: in lieu of being credited to the ot
Page 127 and 128: subsequent to the effective date of
Page 129 and 130: of the normal retirement pension to
Page 131 and 132: §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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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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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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