§ 31511.4. — 31511.4. (Added by Stats. 1985, Ch. 1480, Sec. 1.)

California § 31511.4.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 4.
• Title 3.: DIVISION 4. EMPLOYEES
• Part 3.: PART 3. RETIREMENT SYSTEMS
• Ch. 3.: CHAPTER 3. County Employees Retirement Law of 1937
• Art. 2.6.: ARTICLE 2.6. Alternative Plan for Counties of the 13th Class

Text

(a)
Retirement of a member who has met the requirements for age and service shall be made by the board, at which time the member becomes a retired member.
(b)
Any member who has completed 10 years of service shall be vested under the retirement plan created by this article.
(c)
Any vested member who has attained normal retirement age may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. For
purposes of this article, normal retirement date means the first day of the month coincident with or next following the member’s normal retirement age. For purposes of this article, normal retirement age means:
For Persons Born
Normal Retirement Age
1937 or before
65
1938
65 and 2 months
1939
65 and 4 months
1940
65 and 6 months
1941
65 and 8 months
1942
65 and 10 months
1943–1954
66
1955
66 and 2 months
1956
66 and 4 months
1957
66 and 6 months
1958
66 and 8 months
1959
66 and 10 months
1960 and later
67.
(d)
Any vested member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date.
(e)
The normal retirement pension for a member who has attained normal retirement age shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to: 2.333 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, but not to exceed 30 years; reduced by 2.166 percent of the estimated primary insurance amount, if any, multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, but not to exceed 30 years, multiplied by a fraction, the numerator of which is the number of years of service with the employer subject to coverage under the federal system, but not to exceed 30 years, and the denominator of which is 30.
(f)
The early retirement pension shall consist of an annual allowance
payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth, based on the number of years and months by which the member’s early retirement date precedes the member’s normal retirement date, in the following tables:
Early Retirement Adjustment Factors
Months
Years
0
1
2
3
4
0
1
2
3
4
5
6
7
8
9
10
11
12
1.0000
0.9333
0.8667
0.8000
0.7333
0.6667
0.6333
0.6000
0.5667
0.5333
0.5000
0.4667
0.4333
0.9944
0.9278
0.8611
0.7944
0.7278
0.6639
0.6306
0.5972
0.5639
0.5306
0.4972
0.4639
0.4306
0.9889
0.9222
0.8556
0.7889
0.7222
0.6611
0.6278
0.5944
0.5611
0.5278
0.4944
0.4611
0.4278
0.9833
0.9167
0.8500
0.7833
0.7167
0.6583
0.6250
0.5917
0.5583
0.5250
0.4917
0.4583
0.4250
0.9778
0.9111
0.8444
0.7778
0.7111
0.6556
0.6222
0.5889
0.5556
0.5222
0.4889
0.4556
0.4222
Early Retirement Adjustment Factors
Months
Years
5
6
7
8
0
1
2
3
4
5
6
7
8
9
10
11
12
0.9722
0.9056
0.8389
0.7722
0.7056
0.6528
0.6194
0.5861
0.5528
0.5194
0.4861
0.4528
0.4194
0.9667
0.9000
0.8333
0.7667
0.7000
0.6500
0.6167
0.5833
0.5500
0.5167
0.4833
0.4500
0.4167
0.9611
0.8944
0.8278
0.7611
0.6944
0.6472
0.6139
0.5806
0.5472
0.5139
0.4806
0.4472
0.4139
0.9556
0.8889
0.8222
0.7556
0.6889
0.6444
0.6111
0.5778
0.5444
0.5111
0.4778
0.4444
0.4111
Early Retirement Adjustment Factors
Months
Years
9
10
11
12
0
1
2
3
4
5
6
7
8
9
10
11
12
0.9500
0.8833
0.8167
0.7500
0.6833
0.6417
0.6083
0.5750
0.5417
0.5083
0.4750
0.4417
0.4083
0.9444
0.8778
0.8111
0.7444
0.6778
0.6389
0.6056
0.5722
0.5389
0.5056
0.4722
0.4389
0.4056
0.9389
0.8722
0.8056
0.7389
0.6722
0.6361
0.6028
0.5694
0.5361
0.5028
0.4694
0.4361
0.4028
0.9333
0.8667
0.8000
0.7333
0.6667
0.6333
0.6000
0.5667
0.5333
0.5000
0.4667
0.4333
0.4000
(g)
The board, upon the advice of the actuary, shall establish and adjust, as
required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age as of the date of retirement or the date of termination of a vested member, whichever is applicable, and the employee’s earnings, provided that:
(1)
An employee’s earnings prior to the first day of service with the employer shall be assumed to have been zero, and
(2)
An employee’s earnings during the period of service shall include only those earnings paid by the employer, and
(3)
For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at
the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount.
(h)
The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension.
(i)
Notwithstanding subdivision (e), any retired member receiving a normal retirement pension may present evidence required by the
board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work or any reductions on account of early retirement. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount.
(j)
All part-time and intermittent employees of a county which elects to be subject to this article shall not be eligible to participate in the retirement plans provided by this article.

Legislative History

Added by Stats. 1985, Ch. 1480, Sec. 1.