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California Law (Last Updated: March 4, 2014) |
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Government Code - GOV |
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Title 3. GOVERNMENT OF COUNTIES |
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Division 4. EMPLOYEES |
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Part 3. RETIREMENT SYSTEMS |
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Chapter 3. County Employees Retirement Law of 1937 |
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ARTICLE 1.6. Alternative Plan for Counties of the 10th Class |
Section 31496.3.
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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, except an employee eligible for safety membership.
(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 and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a disability plan provided by the employer.
Except as provided, a member may not be credited with service for any period of time in which the member is absent from work without pay.
Unless otherwise provided, service may not include military service or public service other than service with the employer.
Notwithstanding any other provision of this chapter, a member who has elected or transferred to the plan created by this article and who terminates for any reason and is later reemployed shall receive Plan 3 credit for his or her service rendered prior to termination.