§ 31641.97
470 words·~2 min read·
/ca/government-code/31641-97A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This section shall be applicable in the retirement system of any county of the 10th class, as defined by Sections 28020 and 28031, as amended by Chapter 1204 of the Statutes of 1971, if the board of supervisors adopts, by majority vote, a resolution implementing this section.
(b)The purpose of this section is to authorize persons hired by the county before January 1, 1993, and employed by the county on December 31, 1992, to receive credit in the retirement system for prior military service by contributing to the retirement system an amount equal to the full cost, including interest, of the employee and county liability for the additional credit.
(c)Notwithstanding any other provision of this chapter, an eligible person must meet the following requirements in order to receive credit for prior military service:
(1)The person must have been hired by the county before January 1, 1993, and must have been an active employee on December 31, 1992.
(2)The person must file written notice with the retirement board before January 1, 1995, electing to receive credit and providing such information as the board may require.
(3)The person must contribute to the retirement system prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed five years, an amount equal to the full cost, including interest, of the employee and county liability for the additional credit.
(4)The person must not be entitled to receive a pension or retirement allowance for the prior military service and must provide the certification required by Section 31641.4.
(5)A person who was hired by the county before January 1, 1993, who was actively employed by the county on December 31, 1992, and who retired or elected deferred retirement after December 31, 1992, and before December 31, 1993, may also elect to receive credit under this section by filing the written notice and making the entire contribution before July 1, 1994, less whatever additional amounts would have been paid to that person by the retirement system if the person had made the entire contribution prior to retirement.
(d)The board of supervisors may include additional terms and conditions in the resolution implementing this section, provided the terms and conditions do not include the system paying for any of the employee or county cost of the military service credit.
(e)The full cost, including interest, of the employee and county liability for the additional credit under this section shall be determined by the board of retirement on actuarial advice, and shall be the actuarial equivalent of the difference between the retirement benefits the person will receive after receipt of credit for prior military service under this section and the retirement benefits the person would have received without that credit.