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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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(b) This section shall be applicable to persons who are eligible for membership and are<br />

employed prior to January 1, 1991.<br />

(Amended by Stats. 1990, Ch. 218, Sec. 1)<br />

§31493.5. Certification <strong>of</strong> election to be covered; provision <strong>of</strong> retirement plan materials (Los<br />

Angeles)<br />

(a) Any person employed who qualifies as a member shall certify to the board his or<br />

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

by the retirement provisions and benefits otherwise available to members as <strong>of</strong> the date <strong>of</strong><br />

employment. Any person who dies prior to certifying his or her election or who fails to certify<br />

his or her election within the period set forth in subdivision (b) shall, as <strong>of</strong> the date <strong>of</strong> death<br />

or the day immediately following the last day to certify his or her election, be deemed to have<br />

elected to be covered by the retirement plan established by this article.<br />

(b) The election required to be made by subdivision (a) shall be certified to the board:<br />

(1) Within 30 days <strong>of</strong> employment if written disclosure materials are provided by the<br />

employer pursuant to subdivision (c) within 14 days <strong>of</strong> employment, or<br />

(2) Within 30 days <strong>of</strong> the receipt <strong>of</strong> written disclosure materials provided by the<br />

employer if the employer fails to provide written disclosure materials within 14 days <strong>of</strong><br />

employment as required by subdivision (c).<br />

(c) The employer shall, within 14 days <strong>of</strong> the date <strong>of</strong> employment, provide to each<br />

person who qualifies as a member, written disclosure materials <strong>of</strong> the elements <strong>of</strong> each <strong>of</strong> the<br />

available retirement plans.<br />

(d) This section shall be applicable to persons eligible for general membership in Plans<br />

D and E who become employed on or after January 1, 1991, and prior to January 1, 1992, and to<br />

persons who were employed prior to January 1, 1991, who first became eligible for membership<br />

on or after January 1, 1991, and before January 1, 1992.<br />

(Amended by Stats. 1991, Ch. 1108, Sec. 4, Effective October 14, 1991)<br />

§31493.6. Persons qualifying as members but not electing to be covered by available<br />

retirement provisions and benefits; death prior to certifying election; provision<br />

<strong>of</strong> retirement plan materials; elections to be covered by other retirement plans;<br />

application <strong>of</strong> section (Los Angeles)<br />

(a) Any person who qualifies as a member, and who has not elected to be covered by the<br />

retirement provisions and benefits available to members, shall become a member <strong>of</strong> the plan<br />

established by this article as <strong>of</strong> the first day <strong>of</strong> the month following the date <strong>of</strong> employment or<br />

date <strong>of</strong> eligibility for membership. Any person who dies prior to certifying his or her election<br />

shall be deemed to have elected to be covered by the retirement plan established by this article.<br />

(b) The employer shall, within 14 days <strong>of</strong> the date <strong>of</strong> employment or eligibility for<br />

membership, provide to each person who qualifies as a member, written disclosure materials <strong>of</strong><br />

the elements <strong>of</strong> each <strong>of</strong> the available retirement plans.<br />

(c) Any person who has been enrolled in the plan provided for in this article pursuant<br />

to subdivision (a) may elect to be covered by any other retirement plan to which he or she is<br />

otherwise eligible, provided that the election is made in writing and filed with the board within<br />

60 days from his or her beginning date <strong>of</strong> employment or eligibility for membership, or within<br />

45 days after receipt from the employer <strong>of</strong> the materials required by subdivision (b), whichever<br />

is later. Any person who makes the election shall be deemed to be a member <strong>of</strong> the elected<br />

plan as <strong>of</strong> the first day <strong>of</strong> the month following the date <strong>of</strong> employment or eligibility, and the<br />

county auditor shall make appropriate deductions from the member’s future salary warrant to<br />

cover the member’s contributions applicable to the period that the member was deemed to be<br />

Article 1.5, §31493. - §31493.6. 60

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