Kern County Municipal Code Ch. 3.40 Retirement

There is established in the county a retirement system for the officers and employees of the county and for the officers and employees of the districts of the county, pursuant to, in accordance with, and as set out and defined in the provisions of that certain statute known as the County Employees Retirement Act of 1937 (Statutes of 1937, Page 1898), as amended, and all the provisions of the said Act are accepted. The provisions hereof shall be in full force and effect on and after the first day of January, 1945.

(Prior code § 1019)

The provisions of Sections 31681.5 and 31739.3 of the Government Code of the state of California shall be applicable in Kern County and to the Kern County employees' retirement system on and after the first day of July, 1964.

(Prior code § 1019.1)

The provisions of Sections 31681.51 and 31739.31 of the Government Code of the state of California shall be applicable in Kern County and to the Kern County employees' retirement system on and after the first day of July, 1970.

(Prior code § 1019.2)

The increase of allowances to be paid to retired members of the Kern County employees' retirement association, as provided for in Section 3.40.030 of this chapter, shall continue in force and effect for so long as the Kern County employees' retirement association transfers sufficient funds, pursuant to Government Code Section 31592.2, into the county advance reserve fund to provide for the payment of the increase of allowances provided for in Section 3.40.030 of this chapter. At such time as the Kern County employees' retirement association ceases or fails to transfer sufficient funds to the county advance reserve fund for the payment of such increase of allowances, then this chapter shall immediately terminate and be of no further force and effect, and Sections 31689.51 and 31739.31 of the Government Code shall no longer be applicable in the county.

(Prior code § 1019.3)

The board of retirement (herein called "the retirement board") of the Kern County employees' retirement association may from time to time make regulations, not inconsistent with the County Employees Retirement Act of 1937, relating to the administrative procedure of the retirement board and implementing the provisions of Section 31725.5 of the Government Code as added by Statutes 1965, c.1686, Section 1, and as amended by Statutes 1972, c.542, Section 1. Regulations made by the retirement board under the authority provided by this section may include regulations applicable to persons retired for disability before the effective date of the ordinance codified in this section. The provisions of this section and of regulations made by the retirement board under the authority of this section may enhance, but shall not limit, the authority (heretofore or hereafter exercised) of the retirement board, the county and the boards, commissions, and agencies of the county, and officers and employees of the retirement board, the county and such boards, commissions and agencies of the county, to adopt and enforce other ordinances, regulations, rules, practices and procedures relating to reasonable utilization of the abilities of the assistants, deputies and other employees of the county and its boards, commissions and agencies.

(Prior code § 1019.4.)

A. Except as otherwise provided in this section, Sections 31870, 31871, 31872, 31873 and 31874 only, of Article 16.5 of Chapter 3, Part 3, Division 4, Title 3 of the Government Code, as amended by the Statutes of 1969 and the Statutes of 1973, are continued and made applicable in the county.

B. Subject to the provisions and operation of subsection (C) of this section, and until further action by the board of supervisors pursuant to subsection (C) and other applicable laws, all increases in allowances which result from the operation of this section shall be funded from the surplus of the retirement association as described in the provisions of Section 31592.2 of the Government Code in effect at the time of the adoption of the ordinance codified in this chapter.

C. The financing, funding and administration of increases in allowances resulting from the continued operation of this section shall be the subject of reports and recommendations to the board of supervisors by the treasurer and the board of retirement within a reasonable time after each actuarial study of the retirement system in the county mandated by statute or authorized by the board of retirement and after each annual report of the county auditor pursuant to Section 31593 of the Government Code. Pending the receipt by the board of supervisors of the first such reports and recommendation made after the effective date of the ordinance codified in this chapter, such financing, funding and administration shall be pursuant to the provisions of that certain resolution of the board of supervisors adopted January 15, 1974 (Resolution No. 74-33, entitled "Retirement System Cost of Living Adjustments and Funding and Administration Thereof Amending Resolution Nos. 73-146 and 73-201 and Implementing Ordinance No. A-260") and such changes in said resolution as may thereafter be made from time to time by the board of supervisors (including but not limited to changes permitting the contributions required by law to be made to fund the increase in allowances resulting from making Section 31870 of the Government Code applicable to be shared equally between the county or district and the contributing members pursuant to Section 31873 of the Government Code).

(Prior code § 1019.4.1)