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Title 5 — PERSONNEL›Chapter 5.95 — REPLACEMENT BENEFITS PLAN

Los Angeles County Municipal Code Part VII Administration

Los Angeles County Municipal Code · 2026-09 edition · updated 2026-10-04 · Los Angeles County

Cite as: Los Angeles County Municipal Code Part VII · Text as of 2026-10-04

5.95.240 - Powers of the Plan Administrator.

The CEO shall administer the Plan, and in such capacity shall be the Plan Administrator. The CEO may agree with another party to act on behalf of the CEO as Plan Administrator with regard to all or any part of its duties under this Plan. In addition to the powers of the Plan Administrator specified elsewhere in the Plan, the Plan Administrator shall be responsible for the general administration and interpretation of the Plan and for carrying out its provisions, and shall have such powers as may be necessary or appropriate to discharge its duties hereunder, including, without limitation, the following:

A.

The Plan Administrator may adopt such Plan regulations, interpretations, and procedures as it deems are necessary or appropriate for the effective operation of the Plan, provided such regulations, interpretations and procedures are consistent with the terms of the Plan.

B.

The Plan Administrator shall have the right to delegate administrative duties with regard to the management and operation of the Plan, except that no employee or agent of the Plan Administrator, nor any third-party administrator hired by the Plan Administrator, shall have the authority to modify this Plan or to make representations, warranties, or inducements that may provide benefits or any other payment other than as set forth in this Plan and the applicable Plan regulations. Any such representations, warranties, or inducements shall be null and void.

C.

The Plan Administrator shall act with respect to this Plan separately and apart from any duties that he or she may have with respect to any other retirement plan.

D.

The Plan Administrator shall determine all issues relating to the rights of Participants and Eligible Survivors and any other persons, and any legal representatives thereof, under the terms of the Plan, including but not limited to eligibility, the amount and time of payment of the benefit (if any) and the calculation of any benefit under the Plan.

E.

The Plan Administrator shall determine any factual questions arising in connection with the Plan's operation or administration after such investigation or hearing as the Plan Administrator deems necessary and appropriate.

F.

The Plan Administrator may engage legal, administrative, actuarial, investment, accounting, consulting or other services as the Plan Administrator deems necessary or appropriate.

G.

The Plan Administrator may request and receive from Districts, Members, and Participants and other appropriate persons such information as necessary or appropriate for the proper administration of the Plan, including, without limitation, information to determine each Participant's eligibility to participate in the Plan and the benefits payable to each Participant or his or her Eligible Survivor.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

5.95.250 - Absolute Discretion of the Administrator.

The Plan Administrator (or anyone acting on its behalf) shall, in its sole and absolute discretion, make factual findings, construe and interpret the terms and conditions of the Plan, and any issue arising out of, relating to, or resulting from the administration and operation of the Plan, which interpretation or construction shall be final and binding on all parties, including, without limitation, any District, Member, Participant or Eligible Survivor. When making a determination or calculation, the Plan Administrator shall, in its sole and absolute discretion, be entitled to rely upon information furnished by Districts, Members, Participants, and Eligible Survivors or other individuals acting on their behalf.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

5.95.260 - Costs of Administration.

The costs of administration of the Plan shall be paid by the County and Districts. Such expenses shall include, but are not limited to, expenses for professional, legal, accounting, and other services and other necessary or appropriate costs of administration. No costs or expenses of administering this Plan shall be paid, directly or indirectly, by the Retirement Plan. Further, no assets of the Retirement Plan shall be used, directly or indirectly, to pay for benefits or administration or any other costs (direct or indirect) of this Plan.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

5.95.270 - Claims Review Procedure.

Any person who has a claim for benefits under this Plan and who does not receive such benefits must make a written claim for benefits with the Plan Administrator at the time and in the form and manner determined by the Plan Administrator. Within a reasonable period of time, the Plan Administrator shall provide notice in writing to any person whose claim for benefits under the Plan is denied, and shall provide such person a review of its decision with respect to such claim, if requested in writing by the person who has made the claim.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

5.95.280 - Correction of Errors.

If an error or omission is discovered in the administration of the Plan, the Plan Administrator shall take such necessary or appropriate and equitable action as may be necessary or appropriate to correct the error. Such action shall include but not be limited to taking all reasonable or necessary action to recover overpayments of benefits under the Plan.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

5.95.290 - Written Communications.

The Plan Administrator shall establish policies and procedures regarding written communications between the Plan and Participants and/or Eligible Survivors.

(Ord. 2010-0048 § 1, 2010)

Exceptions & meaning →

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