Chapter 2 — COUNTY EMPLOYEES' RETIREMENT

2-5100 - ADOPTION OF CHAPTER 677, STATUTES OF 1937.

The Board of Supervisors of the County of San Joaquin, State of California, does hereby accept the provisions of an Act of the Legislature of the State of California entitled "An act to provide for the creation, establishment, and adjustment with other systems, of a retirement system for employees of the several counties and districts as defined herein, and attaches of municipal courts, consisting of retirement compensation and death benefits" approved June 10, 1937, being Chapter 677 of the Statutes of 1937, and acts amendatory thereof and supplementary thereto, and the Board does hereby by reference adopt and incorporate all and every one of the provisions of that Act of the Legislature as a part of and applicable to and make all and every one of those provisions a part of and applicable to a system and schedule of compensation of all officers and other employees employed by the County, or the governing body of any district thereof, whose compensation is fixed by the County, and all officers and employees of the County, as

now and hereafter established by ordinance or order of this Board or the governing body of any district thereof, who are, or may be, eligible to the benefits of any retirement system under the provisions of that Act.

(Ord. 485)

2-5101 - ADOPTION OF SECTION 31679, GOVERNMENT CODE.

(a)

This section is passed pursuant to the provisions of Section 31679 of the Government Code.

(b)

Every current service pension and prior service pension payable for time commencing on the effective date of the foregoing section of the Government Code to any member who was retired prior to October 1, 1949, is hereby increased to the amount it would be if the provisions of Section 31679 of the Government Code, as they exist on said effective date, had been in effect on the date of the actual retirement of the member.

(c)

This section does not authorize any decrease in any such pension, nor does this section give any such retired member or his successors in interest any claim against the County or district for any increase in any pension paid or payable for time prior to its effective date. Calculations of pensions under this section shall be made on the basis of current interest rate and mortality tables.

(Ord. 587)

2-5102 - ADOPTION OF SECTIONS 31681.5 AND 31739.3, GOVERNMENT CODE.

Sections 31681.5 and 31739.3 of the Government Code, as added by Chapter 1120 of the Statutes of 1961, relating to retirement benefits of members of any county employees retirement system who are retired for service or disability under the County Employees Retirement Law of 1937, are hereby adopted by this Board and made applicable to the County.

(Ord. 928)

2-5103 - ADOPTION OF SECTIONS 31681.51 AND 31739.31, GOVERNMENT CODE.

Sections 31681.51 and 31739.31 of the Government Code, as added by Chapter 671 of the Statutes of 1967, relating to retirement benefits of members of any county employees retirement system who are retired for service or disability under the County Employees Retirement Law of 1937, are hereby adopted by this Board and made applicable to the County.

(Ord. 1451)

2-5104 - ADOPTION OF ARTICLE 16.5 OF CHAPTER 3 OF PART 3, DIVISION 4, TITLE 3 OF THE GOVERNMENT CODE.

Article 16.5 (commencing with Section 31870) of Chapter 3 of Part 3, Division 4, Title 3 of the Government Code, relating to every retirement allowance and death allowance payable to or on account of any member

of a retirement system established in any county pursuant to the County Employees Retirement Law of 1937 and providing for cost-of-living adjustments in said allowance, is hereby adopted by the Board and made applicable to the County.

(Ord. 1601)

2-5105 - ADOPTION OF ARTICLE 16.6 OF CHAPTER 3 OF PART 3, DIVISION 4, TITLE 3 OF THE GOVERNMENT CODE.

(a)

Article 16.6 (commencing with Section 31875) of Chapter 3 of Part 3, Division 4, Title 3 of the Government Code, relating to the principles set forth in Article 16.5 (commencing with Section 31870) of said chapter, as a basis for the adjustment of retirement allowances payable to or on account of any member of the San Joaquin County Employees Retirement Association, is hereby adopted by the Board and made applicable to the County.

(b)

Article 16.5 (commencing with Section 31870) of Chapter 3 of Part 3, Division 4, Title 3 of the Government Code shall be deemed applicable in the County as of the 1st day of January, 1969.

(c)

The adjustments of retirement allowances made pursuant to Article 16.6 (commencing with Section 31875) of said chapter and as specified in Section 31879.1 thereof shall be effective on the 1st day of July, 1969, or made in allowances for time commencing on the first day of the month following the adoption of this ordinance, whichever is earlier.

(Ord. 1601)

2-5106 - ADOPTION OF SECTION 31725.5 OF THE GOVERNMENT CODE.

The provision of Section 31725.5 of the Government Code, relating to the transfer, reassignment or reemployment of a member of the San Joaquin County Employees Retirement Association who is incapacitated for the performance of the duties of his position are hereby adopted and made applicable in this County.

The Board of Retirement shall implement the provisions of Section 31725.5 of the Government Code by suitable regulations, which it may make applicable to persons heretofore retired for disability.

(Ord. 1901)

2-5107 - ADOPTION OF SECTIONS 31681.52 and 31739.32 OF THE GOVERNMENT CODE.

The provisions of Sections 31681.52 and 31739.22 of the Government Code of California relating to increases in retirement allowances or optional death allowances payable to certain retired members of the San Joaquin County Employees Retirement Association are hereby adopted and made applicable in this County.

(Ord. 2791)

2-5108 - ADOPTION OF SECTION 31641.04 OF THE GOVERNMENT CODE.

The provisions of Section 31641.04 of the Government Code of California, relating to the eligibility for receipt of additional service credit in the San Joaquin County Employees Retirement Association are hereby adopted and made applicable in this County.

(Ord. 3699)

2-5109 - ADOPTION OF SECTION 31641.03 OF THE GOVERNMENT CODE.

(a)

Pursuant to Government Code Section 31641.03, up to one hundred percent (100%) of the sick leave accumulated as of the date of their retirement shall be converted to service credit in the San Joaquin County Employees' Retirement Association for those employees described in Section 2, below, pursuant to the procedures adopted in accordance with the authority of the ordinance codified in this section.

(b)

The ordinance codified in this section shall be applicable to all county employees who, at the time of retirement, are (a) eligible for the sick leave bank benefit adopted by the Board of Supervisors and prescribed in various resolutions and memoranda of understanding and (b) on payroll as active employees of the county as of the first day of the first biweekly pay period following approval by the San Francisco Superior Court of the Settlement Agreement in the case of San Joaquin County Deputy Sheriff's Association, et al., v. Board of Retirement of the San Joaquin County Employees' Retirement Association, San Joaquin County Superior Court Case No. CV 004803, Judicial Council Coordination Proceeding No. 4049 (San Francisco Superior Court).

(c)

Accumulated sick leave of employees eligible for the benefit of the ordinance codified in this section shall be utilized for the creation of a sick leave bank or for conversion to service credit in the San Joaquin County Employees' Retirement Association but cannot be partially used for both. All of the accumulated sick leave, less any authorized cash-out of such accumulated sick leave under the provisions of the sick leave bank benefit, shall be used either to constitute a sick leave bank or shall be converted to service credit in the San Joaquin County Employees' Retirement Association.

(Ord. 4122 § 1—3, 2001)

2-5110 - CONTRACT BETWEEN CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD OF ADMINISTRATION AND BOARD OF SUPERVISORS.

There is a contract effective November 1, 1991, and amended June 26, 1993, between the Board of Supervisors of the County of San Joaquin and the Board of Administration, California Public Employees' Retirement System (PERS), regarding the PERS retirement benefits for the employees of the former San Joaquin Public Health District. That an amendment to that contract is hereby authorized, which said amendment makes specific, negotiated changes in the retirement benefits for those employees under PERS.

A copy of said amendment is on file with the Clerk of the Board and by such reference made a part hereof as though herein set out in full.

(Ord. 4254 § 1, 2005)