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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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e entitled if otherwise eligible for normal retirement, which shall be computed by multiplying<br />

the normal retirement pension by the early retirement adjustment factor set forth opposite the<br />

member’s age as <strong>of</strong> the birthday immediately preceding the date <strong>of</strong> retirement, in the following<br />

table:<br />

Age<br />

ERA Factor<br />

55 .3748<br />

56 .4109<br />

57 .4511<br />

58 .4957<br />

59 .5454<br />

60 .6009<br />

61 .6631<br />

62 .7328<br />

63 .8113<br />

64 .8998<br />

(b) For those members retiring on or after the operative date <strong>of</strong> this section, paragraph<br />

(2) <strong>of</strong> subdivision (g) <strong>of</strong> Section 31491 shall not apply, but with regard to those members<br />

who have not attained the age <strong>of</strong> 62 years as <strong>of</strong> the date <strong>of</strong> retirement (1) future earnings<br />

in employment covered by the federal system shall be assumed to continue at the rate <strong>of</strong><br />

pay received by the employee from the employer as <strong>of</strong> the date <strong>of</strong> retirement or the date <strong>of</strong><br />

termination <strong>of</strong> employment <strong>of</strong> a vested member, whichever is applicable, until the member<br />

attains the age <strong>of</strong> 62 years, and (2) future wage bases, as defined by the federal system, shall<br />

be assumed to continue at the wage base in effect in the year <strong>of</strong> retirement or the year <strong>of</strong><br />

termination <strong>of</strong> employment <strong>of</strong> a vested member, whichever is applicable, until the member<br />

attains the age <strong>of</strong> 62 years, and (3) cost-<strong>of</strong>-living increases in the year <strong>of</strong> retirement and delayed<br />

retirement credit provided under the federal system shall not be included in the calculation <strong>of</strong><br />

the estimated primary insurance amount.<br />

(c) Notwithstanding subdivision (e) or subdivision (j) <strong>of</strong> Section 31491, any member<br />

who retires on or after the operative date <strong>of</strong> this section, and after attaining the age <strong>of</strong> 62 years<br />

may, as soon as possible but not later than six months following retirement, present evidence<br />

required by the board demonstrating the retired member’s actual primary insurance amount.<br />

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

actually payable under the federal system on the retired member’s date <strong>of</strong> retirement without<br />

regard to delayed retirement credit or any deductions on account <strong>of</strong> work, or the estimate <strong>of</strong><br />

that amount as set forth on a current earnings and benefits estimate statement provided by the<br />

Social Security Administration. Following receipt <strong>of</strong> that evidence, the board shall adjust the<br />

retired member’s pension from the date <strong>of</strong> retirement to equal the amount <strong>of</strong> the pension to<br />

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

amount equaled the actual primary insurance amount.<br />

(d) This section shall only be applicable to Los Angeles <strong>County</strong> and shall not become<br />

operative until the board <strong>of</strong> supervisors <strong>of</strong> that county elects, by resolution adopted by a<br />

majority vote, to make this section operative in the county.<br />

(Added by Stats. 2001, Ch. 778 (A.B. 399), Sec. 2, Effective October 13, 2001, as an<br />

urgency statute)<br />

§31492. Death benefits; election for lower pension to obtain different survivor allowance<br />

(Los Angeles)<br />

(a)(1) Upon the death <strong>of</strong> a retired member, 50 percent <strong>of</strong> the retirement pension, if not<br />

modified in accordance with the optional survivor allowance in subdivision (b), (c) or (d), shall<br />

57<br />

Article 1.5, §31491.3. - §31492.

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