County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
considered as service in calculating the benefits otherwise provided under this article.<br />
(Added by Stats. 1981, Ch. 910, Sec. 1, Effective September 28, 1981)<br />
(Amended by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 8)<br />
(Amended by Stats. 2010, Ch. 86 (AB 1902), Sec. 2)<br />
§31490.5. (Operative date contingent) Contributions; Service credit<br />
(a) An active member governed by the provisions <strong>of</strong> this article may elect, by written<br />
notice filed with the board, to make contributions and receive credit under this plan for service<br />
for which he or she would not otherwise be entitled to receive credit pursuant to this article.<br />
(b) Any member who elects to receive service credit pursuant to this section shall have<br />
the same purchase rights and shall contribute to the retirement fund the amount that a member<br />
in the contributory plan wishing to purchase the same service would have to contribute, based<br />
on the rates applicable to a member <strong>of</strong> the contributory plan with the same date <strong>of</strong> entry into<br />
membership. Payment shall be made by lump-sum payment or by installment payments over a<br />
period not to exceed 10 years, prior to the effective date <strong>of</strong> his or her retirement or, if applicable,<br />
prior to the date provided in Section 31485.8.<br />
(c) No member may receive any service credit under this section for which he or she<br />
has not completed payment pursuant to subdivision (b) before the effective date <strong>of</strong> his or<br />
her retirement or, if applicable, before the date provided in Section 31485.8. Subject to the<br />
limitations <strong>of</strong> federal law, a member who has elected to make payments in installments may<br />
complete payment by lump sum at any time prior to the effective date <strong>of</strong> his or her retirement.<br />
(d) Any sums paid by a member pursuant to this section shall be considered to be and<br />
administered as contributions by the member.<br />
(e) As used in this section, the “contributory plan” means that contributory plan<br />
otherwise available to new members <strong>of</strong> the system on the election date.<br />
(f) This section is not operative until the board <strong>of</strong> supervisors elects, by resolution<br />
adopted by a majority vote, to make this section operative in the county.<br />
(Added by Stats. 2004, Ch. 533 (A.B. 2234), Sec. 9)<br />
(Amended by Stats. 2006, Ch. 369 (S.B. 777), Sec. 3)<br />
§31490.6. (Operative date contingent) Additional <strong>Retirement</strong> Credit: Eligibility, Procedure<br />
(a) An active member may elect, by written notice filed with the board, to make<br />
contributions pursuant to this section and to receive up to five years <strong>of</strong> service credit in the<br />
retirement system for additional retirement credit, if the member has completed at least five<br />
years <strong>of</strong> credited service with that retirement system.<br />
(b) As used in this section, “additional retirement credit” means time that does not<br />
otherwise qualify as county service, public service, military service, medical leave <strong>of</strong> absence,<br />
or any other time recognized for service credit by the retirement system.<br />
(c) Notwithstanding any other provision <strong>of</strong> this chapter, service credit for additional<br />
retirement credit may not be counted to meet the minimum qualifications for service retirement<br />
or for purposes <strong>of</strong> establishing eligibility for benefits based on 30 years <strong>of</strong> service, additional<br />
ad hoc cost-<strong>of</strong>-living benefits based on service credit, health care benefits, or any other benefits<br />
based upon service credit.<br />
(d) A member who elects to make contributions and receive service credit for additional<br />
retirement credit shall contribute to the retirement fund, prior to the effective date <strong>of</strong> his or her<br />
retirement, by lump-sum payment or by installment payments over a period not to exceed 10<br />
years, an amount that, at the time <strong>of</strong> commencement <strong>of</strong> purchase, in the opinion <strong>of</strong> the board<br />
and the actuary, is sufficient to not place any additional financial burden upon the retirement<br />
system.<br />
53<br />
Article 1.5, §31490. - §31490.6.