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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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§31491.1. Adjustment <strong>of</strong> member’s retirement benefit according to member’s actual primary<br />

insurance amount (Los Angeles)<br />

(a) Notwithstanding Section 31491, any retired member receiving a retirement pension<br />

may present evidence in the form required by the board <strong>of</strong> the retired member’s actual primary<br />

insurance amount. For the purposes <strong>of</strong> this section, the actual primary insurance amount shall<br />

be the amount being paid under the federal system. Following receipt <strong>of</strong> that evidence, the<br />

board shall adjust the retired member’s pension to equal the amount <strong>of</strong> the pension to which<br />

he or she would have been entitled on that date had the estimated primary insurance amount<br />

equaled the actual insurance amount.<br />

(b) The adjustment calculated in subdivision (a) shall be applied to the retired member’s<br />

pension beginning in the month upon which the retired member presents evidence required by<br />

the board.<br />

(c) This section shall not be operative in any county until the board <strong>of</strong> supervisors, by<br />

resolution adopted by majority vote, makes this section applicable.<br />

(Added by Stats. 2001, Ch. 31 (A.B. 1214), Sec. 1)<br />

§31491.2. Adjustment <strong>of</strong> member’s retirement benefit according to member’s federal<br />

estimated primary insurance amount (Los Angeles)<br />

(a) Notwithstanding Section 31491, any retired member receiving a retirement pension<br />

may present evidence in the form required by the board <strong>of</strong> the retired member’s federal<br />

estimated primary insurance amount provided that the retired member is not receiving a<br />

federal primary insurance amount. For the purposes <strong>of</strong> this section, the federal estimated<br />

primary insurance amount shall be the amount payable under the federal system as <strong>of</strong> the<br />

retired member’s normal federal retirement age. Should the federal estimated primary<br />

insurance amount equal zero, the retired member shall not have his or her pension benefit<br />

reduced for an estimated primary insurance amount as required in subdivision (e) <strong>of</strong> Section<br />

31491.<br />

(b) Following receipt <strong>of</strong> that evidence, the board shall adjust the retired member’s<br />

pension to equal the amount <strong>of</strong> the pension to which he or she would have been entitled on<br />

that date had the estimated primary insurance amount calculated in Section 31491 equaled<br />

zero.<br />

(c) The adjustment calculated in subdivision (a) shall be applied to the retired member’s<br />

pension beginning in the month upon which the retired member presents evidence required by<br />

the board.<br />

(d) Notwithstanding subdivision (a), upon attaining federal retirement age, the retired<br />

member shall submit any evidence as may be required by the board <strong>of</strong> the retired members’<br />

federal estimated or actual primary insurance amount. Following receipt <strong>of</strong> that evidence, the<br />

board shall adjust the retired member’s pension in accordance with subdivision (j) <strong>of</strong> Section<br />

31491.<br />

(e) This section shall not be operative in any county until the board <strong>of</strong> supervisors, by<br />

resolution adopted by majority vote, makes this section applicable.<br />

(Added by Stats. 2001, Ch. 31 (A.B. 1214), Sec. 2)<br />

§31491.3. Early retirement pension; amount; members who have and have not attained age <strong>of</strong><br />

62 years; application and operative effect (Los Angeles)<br />

(a) Notwithstanding subdivision (f) <strong>of</strong> Section 31491, for those members retiring on or<br />

after the operative date <strong>of</strong> this section, the early retirement pension shall consist <strong>of</strong> an annual<br />

allowance payable in monthly installments for the life <strong>of</strong> the retired member in an amount that<br />

is the actuarial equivalent <strong>of</strong> the normal retirement pension to which the retired member would<br />

Article 1.5, §31491.1. - §31491.3. 56

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