Alameda County Municipal Code Ch. 3.68 Retirement System

The board of supervisors of the county of Alameda, state of California accepts the provisions of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code of the state cited as the County Employees' Retirement Law of 1937, as now existing and as the same may be hereafter amended, as a part of and applicable to, and makes all and every one of the provisions of said chapter a part of and applicable to, the system and schedules of compensation of all officers and other persons employed by the county and whose compensation is fixed by the board of supervisors or by statute and whose compensation is paid by the county, including all officers and other persons employed by any district within the county whose compensation is fixed by the board of supervisors or by the board in ex officio capacity and whose compensation is paid from funds of the district on deposit in the county treasury, and all employees and officers of the county now or hereafter provided for by law, who are or who may hereafter be eligible to the benefits of any retirement system under the provisions of the said chapter.

(Prior admin. code § 3-5.01)

Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code of the state of California cited as the County Employee's Retirement Law of 1937, as now existing or as same may be hereafter amended, shall become operative in the county of Alameda on January 1, 1948.

(Prior admin. code § 3-5.02)

Government Code Section 31676.95 shall become operative in the county of Alameda on March, 1, 1956.

(Prior admin. code § 3-5.03)

Government Code Sections 31681.2 and 31739 are effective in the county from and after september 11, 1957. Any amendments to the County Employees' Retirement Law of 1937 which require approval of the board of supervisors by resolution or otherwise, shall be effective in Alameda County on the date or dates specified in such resolution or other approval, including, without limitation, Government Code Sections 31681.4, 31681.5, 31681.7, 31739.2, 31739.3, 31739.4.

(Prior admin. code § 3-5.04)

The provisions of Sections 31870.1, 31871, 31872 and 31783 of the Government Code of the state of California are effective and operative April 1, 1970, to require the payment of not to exceed three percent per year cost of living increases pursuant to said Section 31870.1. All increases accumulated pursuant to Section 31870 shall be carried over to be met by increases or decreases in allowance in future years pursuant to Section 31870.1. The provisions of Section 31870.1 shall apply only to those miscellaneous employees and safety employees of the county who were active members of the retirement system on June 30, 1983, or who terminated and re-entered the retirement system between July 1, 1983 and December 31, 1984 and to those employees subject to the provisions of Section 31870.1 who have not elected pursuant to Government Code Section 31484.8 to have the applicability of Section 31870.1 terminated as to them.

The provisions of Section 31870 of the Government Code of the state of California shall apply to miscellaneous employees and safety employees who enter or re-enter the retirement system on or after July 1, 1983, provided, however, that miscellaneous employees and safety employees who were active members of the system on June 30, 1983, who subsequently cease active membership and re-enter the system on or before December 31, 1984 shall as of the date of such re-entry remain subject to the provisions of Government Code Section 31870.1. The provisions of Government Code Section 31870 shall apply to those miscellaneous and safety employees of the county who have elected pursuant to the provisions of Government Code Section 31484.8 to have the applicability of Section 31870.1 terminated as to them.

(Prior admin. code § 3-5.05)

Government Code Sections 31681.52 and 31739.32 shall become operative in the county on April 1, 1988.

(Prior admin. code § 3-5.06)

Government Code Section 31641.04 is operative in the county on and after January 1, 1993.

(Ord. 93-2 § 1: prior admin. code § 3-5.09)

Pursuant to California Government Code Section 31641.03, those County employees who are members of the Alameda County Employees' Retirement Association and who retire on or after November 1, 1988, shall, in addition to their service credit, be credited for fifty percent (50%) of their unused paid sick leave accumulated as of the date of their retirement. Furthermore, for all unrepresented non-management employees, except for unrepresented employees tied to IFPTE, Local 21, Units 16 and 60 and 077 with a maximum credit of up to sixty-five (65) days, the maximum credit is up to sixty-two and one-half (62.5) days.

In lieu of the provisions of paragraph one, employees in Job Codes 0035, 0190, 0295, 1005, 1849, 2055, 2950, 3140, 3260, 4190, 5050, 6085, and 6150, who retire on or after December 24, 2000, shall, in addition to their service credit, be credited for seventy-five (75) percent of their unused paid sick leave accumulated as of the date of their retirement.

(Ord. 2001-31 § 1; prior admin. code § 3-5.08)

(Ord. No. 2023-30, § 3, 6-27-23)

The retirement office shall send written notice to any employee who is a member of the retirement system and the employee's department head no later than ninety (90) days before the employee attains the age of seventy (70) stating that if the employee desires to continue employment after the aforementioned mandatory retirement age, the employee must submit a written request to that effect to his department head no later than sixty (60) days prior to attaining said age. Any department receiving said notice from an employee shall, within thirty (30) days of receipt of this notice, complete a written evaluation of the employee's work performance according to its current procedure for such evaluations, or, in the absence of procedure, according to the county's suggested procedure (CAO Form 1/15/73). If a request by an employee to continue employment is not submitted, or the department head decides, on the basis of work performance, not to continue employment of the employee, the employee shall be separated from county service on the last day of the calendar month in which the employee attains age seventy (70). If a request for continued employment is submitted, and the department head decides, on the basis of work performance, to permit the employee to continue in employment, the department head shall no later than thirty (30) days prior to the employee's seventieth birthday submit a written certification to the retirement office stating that the employee is competent to perform the duties of his position in all respects and employment beyond mandatory retirement is approved. The work performance of each employee who has been employed or permitted to continue in employment after attaining the mandatory retirement age shall be evaluated each year thirty (30) to sixty (60) days prior to the employee's birthday. Based upon this evaluation, the department head, no later than thirty (30) days prior to the employee's birthday shall certify to the retirement office either that the employee is competent to perform the duties of his position in all respects and continued employment is approved or that the employee is not competent to perform such duties in all respects and continued employment is not approved. In the latter event, the employee shall be separated from county service on the last day of the month in which his birthday occurs. The department head may also at any other time deemed reasonably necessary by him, based upon a negative work performance evaluation of any employee who has been employed or permitted to continue in employment after attaining the mandatory retirement age, certify to the retirement office that the employee is not competent to perform all of the duties of his position and that continued employment is not approved, in which event the employee shall be separated from county service on the last day of the month following receipt by the retirement office of such certificate. The department head shall concurrently submit to the director of personnel a copy of each certification filed with the retirement office pursuant to this section, together with a copy of the performance evaluation upon which such certification is based. Nothing in this section shall limit the right of the department head or other appointing authority to dismiss any employee for cause regardless of the age of the employee. Provisions of this section do not apply to safety members of the retirement system, nor to employees who are not members of the retirement system.

(Prior admin. code § 2-1.08)