Article 1.4 - Alternative Plan for Counties of the 16th Class

California Government Code — §§ 31486-31486.12

Sections (5)

Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.

(a)The retirement plan created by this article shall be known as Retirement Plan 2.

(b)This article shall be applicable in the retirement system of any county of the 16th class as described by Sections 28020 and 28037, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable.

(c)The purpose of this article is to provide an optional, noncontributory

retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter.

(d)The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article.

(e)In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter.

(f)Except as otherwise provided in this subdivision, the provisions contained in this chapter shall apply:

(1)Article 9 (commencing with Section 31700) shall not apply.

(2)Article 10 (commencing with Section 31720) shall not apply.

(3)Article 11 (commencing with Section 31760) shall not apply.

(4)Article 12 (commencing with Section 31780) shall not apply.

(5)Article 16.5 (commencing with Section 31870) shall not apply.

(g)Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable.

(h)Except as otherwise provided, any member who upon retirement receives a retirement pension

calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives.

(i)Unless specifically otherwise provided therein, no amendment to this article enacted subsequent to the effective date of this article shall apply to any county or to the employees of any county unless and until mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors.

§ 31486.1

Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.

Unless the context otherwise requires, the definitions contained in this section govern the construction of this article.

(a)“Board” means the board of retirement.

(b)“Employer” means the county or district or agency whose employees are members of the retirement system of the county.

(c)“Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act.

(d)“Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, elected by the member at or before the time an application for retirement is filed or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer.

(e)“Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, and eligible for membership as defined by the board in accordance with subdivision

(h)of Section 31527, except an employee eligible for or employed in a position eligible for safety membership as defined in Sections 31470.2 and 31470.4.

(f)“Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age of 65.

(g)“Service” means the period of uninterrupted employment of a member. Except as otherwise provided, a member shall not be credited with service for any period of time in which the member is absent from work without pay.

§ 31486.10

Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.

A member upon becoming vested under this article may elect to terminate and defer accrued benefits for the purpose of future service retirement benefits only, and enter membership of the contributory retirement provisions in effect for new members at the time of transfer. Notwithstanding any other provisions, the rate of contributions shall be based on age nearest birthday at the time of election to transfer.

§ 31486.11

Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.

Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary.

§ 31486.12

Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.

If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable.