County Employees Retirement Law of 1937 (CERL) - sdcera

included in the plan covered by this article.
(d) This section shall be applicable to persons eligible for general membership who
become employed on or after January 1, 1992, and to persons who were employed prior to
January 1, 1992, but who did not become eligible for membership until January 1, 1992, or later.
(Added by Stats. 1991, Ch. 1108, Sec. 5, Effective October 14, 1991)
§31494. Transfer to Plan E by general members; operative dates of section (Los Angeles)
(a) General members may elect to transfer to the retirement plan created by this article
upon proper application executed by the member and filed with the board. That transfer is
voluntary and shall be irrevocable.
(b) The retirement benefits of the transferred members are governed and defined by this
article.
(c) Transferring members relinquish and waive any and all previously available vested
or accrued retirement, survivor, disability and death benefits. However, notwithstanding any
other provision of this article, transferring members shall receive credit for public service
performed prior to the transfer, including service with the employer, military service, and other
public service to which the member would otherwise be eligible under this chapter, except that
member contributions shall not be collected.
(d) This section shall be operative at such time or times as may be mutually agreed to in
memoranda of understanding executed by the employer and employee representatives if the
board of supervisors adopts, by majority vote, a resolution declaring that the section shall be
operative.
(e) This section shall be superseded by Section 31494.2 in any county when Section
31494.2 becomes operative in the county.
(Amended by Stats. 1984, Ch. 58, Sec. 1, Effective March 28, 1984)
(Amended by Stats. 2001, Ch. 778 (A.B. 399), Sec. 5, Effective October 13, 2001 as an
urgency statute)
§31494.1. Transfer of general members in noncontributory plan to contributory plan;
retirement benefits; retirement service credit; contributions; rights to benefits;
payment of contributions after death; operative date (Los Angeles)
(a) In accordance with the provisions of this section, general members, whose retirement
benefits are governed by the noncontributory plan created by this article, may transfer to the
contributory plan. Contributory plan shall mean that contributory plan otherwise available to
new members of the retirement system on the election date. Transfer may be made by election
upon written application executed by the member and filed with the board on or before the
election date and shall be effective on the transfer date, subject to the terms and conditions set
forth in this section. The election date shall be that date identified in the resolution adopted by
the board of supervisors declaring this section to be operative. The transfer date shall be that
date on which the member completes deposit of all contributions required by Section 31494.3.
The election is voluntary and may be revoked upon written notice received by the board prior
to the transfer date.
(b) The retirement benefits of members electing to transfer and transferred members
shall be governed and defined by this section. In the event of conflict, this section shall
supersede and prevail over other provisions, or application of provisions, otherwise contained
in this article.
(c) Transferred members relinquish, waive, and forfeit any and all vested or accrued
benefits available under any other retirement plan provided to members of the retirement
system, and shall be entitled only to the benefits available under the contributory plan.
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Article 1.5, §31493.6. - §31494.1.