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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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payable under subdivision (a) or (c), may elect to have the actuarial equivalent <strong>of</strong> the retired<br />

member’s pension as <strong>of</strong> the date <strong>of</strong> retirement applied to a lesser amount payable throughout<br />

the retired member’s life, and to a survivor allowance as approved by the board, upon the<br />

advice <strong>of</strong> the actuary, that, upon the death <strong>of</strong> the retired member, shall continue throughout the<br />

life <strong>of</strong> and be paid to the person or persons having an insurable interest in the life <strong>of</strong> the retired<br />

member, as the member or former member nominates by written designation duly executed<br />

and filed with the board at the time <strong>of</strong> retirement. The member’s normal or early retirement<br />

benefit shall be reduced by the actuarial cost <strong>of</strong> the survivor allowance elected.<br />

(Added by Stats. 1981, Ch. 910, Sec. 1, Effective September 28, 1981)<br />

(Amended by Stats. 2004, Ch. 152 (S.B. 1260), Sec. 1)<br />

§31492.1. Monthly survivor allowance; amount for members retiring on or after operative<br />

date <strong>of</strong> section; application and operative effect (Los Angeles)<br />

(a) Notwithstanding the provisions <strong>of</strong> Section 31492, each monthly survivor allowance<br />

paid pursuant to subdivision (a) <strong>of</strong> Section 31492 on account <strong>of</strong> a member who retires on or<br />

after the operative date <strong>of</strong> this section shall be equal to 55 percent <strong>of</strong> the retirement pension,<br />

if not modified in accordance with the optional survivor allowance in subdivision (c) or (d) <strong>of</strong><br />

that section.<br />

(b) 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. 3, Effective October 13, 2001, as an<br />

urgency statute)<br />

(Amended by Stats. 2004, Ch. 152 (S.B. 1260), Sec. 2)<br />

(Amended by Stats. 2005, Ch. 22 (S.B. 1108), Sec. 89)<br />

§31492.2. Monthly survivor allowance; amount for members retiring before operative date <strong>of</strong><br />

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

(a) Notwithstanding the provisions <strong>of</strong> Section 31492, each monthly survivor allowance<br />

paid on or after the operative date <strong>of</strong> this section pursuant to subdivision (a) <strong>of</strong> Section 31492<br />

on account <strong>of</strong> a member who retires before the operative date <strong>of</strong> this section shall be equal to<br />

55 percent <strong>of</strong> the retirement pension, if not modified in accordance with the optional survivor<br />

allowance in subdivision (b) <strong>of</strong> that section.<br />

(b) 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. 4, Effective October 13, 2001, as an<br />

urgency statute)<br />

§31493. Employment subsequent to effective date <strong>of</strong> article; certification <strong>of</strong> election <strong>of</strong> plan<br />

(Los Angeles)<br />

(a) Any person employed subsequent to the effective date <strong>of</strong> this article who would<br />

otherwise qualify as a member shall not become a member until he or she certifies to the<br />

board his or her election to be covered by the retirement plan established by this article or to<br />

be covered by the retirement provisions and benefits otherwise available to members on the<br />

date preceding the effective date <strong>of</strong> this article. As a condition <strong>of</strong> continued employment, the<br />

certification shall be made within 60 days <strong>of</strong> employment. The employer shall make available<br />

to the person a disclosure <strong>of</strong> the elements <strong>of</strong> each <strong>of</strong> the available retirement plans prior to<br />

accepting his or her election.<br />

59<br />

Article 1.5, §31492. - §31493.

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