Yuba County Municipal Code Ch. 3.40 Public Employees Retirement System

The Board of Supervisors of Yuba County has entered into a contract with the Board of Administration, California Public Employees' Retirement System effective February 1, 1960, and witnessed December 30, 1959, and as amended effective on the following dates:

(1) March 1, 1964—Defined normal retirement age as age 60 for miscellaneous members and age 55 for local safety members.

(2) November 1, 1973—Exclude Firemen and those hired on a temporary or seasonal basis not exceeding six months are excluded from PERS membership.

(3) October 1, 1977—§ 20042—Final Compensation—One Year for Local Member.

(4) October 1, 1979—§ 20952.5—Retirement Before Age 55 for Local Safety Member.

(5) January 1, 1982—§ 20892.8—Credit for Unused Sick Leave for Safety Members Only.

(6) July 6, 1989—§ 21380—21387 (1959 Survivor Benefits) including § 21382.4 (Third Level of 1959 Survivor Benefits).

(7) June 30, 1992—§ 21252.01—two percent at 50 Full Formula for Safety Members.

(8) July 1, 1993—§ 21251.132—two percent at 55 Modified and Full Formula for Miscellaneous Members Only.

(9) June 24, 1999—§ 21024—Military Service Credit as Public Service for Miscellaneous Members Only.

(10) July 1, 2003—§ 21024 Military Service Credit as Public Service for Safety Members Only.

(11) April 1, 2007—§ 21548—Pre-Retirement Optional Settlement 2 Death Benefit and § 20965—Credit for Unused Sick Leave for Miscellaneous Members Only.

(12) July 1, 2007—§ 20438—Probation officers, deputy probation officers, assistant probation officer, juvenile hall employees and persons employed as peace officers pursuant to § 930.5 of the Penal Code as "County Peace Officers."

(13) July 1, 2015—§ 20516—Employees sharing additional cost of .824% for local miscellaneous members in the Yuba County Employees' Association (YCEA) and non-represented groups;

(14) July 1, 2016—§ 20516—Employees sharing an additional cost of .37% for local miscellaneous members of the Yuba County Employees' Association (YCEA) and non-represented groups, and employees sharing an additional cost of one percent for miscellaneous classic members in the Deputy District Attorney Association (DDAA) group.

(15) July 1, 2017—§ 20516—Employees sharing an additional cost of one and one-half percent for classic safety members in the non-represented safety management group, elected officials group and extra help group, Law Enforcement Management Supervisory Association, Deputy Sheriff's Association and the Yuba County Probation Peace Officers Association; and one-half percent for classic miscellaneous members in the Deputy Sheriffs Association and Law Enforcement Management Supervisory Association.

(16) Reserved.

(17) July 1, 2018—§ 20516—Employees sharing an additional cost of .403% for local miscellaneous members in the Yuba County Employees' Association and the non-represented group; an additional one-half percent for classic local miscellaneous members in the Deputy Sheriff's Association and Law Enforcement Management Supervisory Association; and Section 20516 (employees sharing additional cost) of an additional one and one-half percent for classic local safety members in the non-represented safety management group, elected officials group and extra help group; Law Enforcement Management Supervisory Association, Deputy Sheriff's Association and the Yuba County Probation Peace Officers Association.

(18) July 1, 2019—§ 20516—Employees sharing an additional cost of .403% for local miscellaneous members in the Yuba County Employees' Association and the Non-Represented Group; an additional one percent for classic local miscellaneous members in Yuba County Deputy District Attorney Association.

(Prior Code, § 3.40.010, Ord. No. 1544; Ord. No. 1555; Ord. No. 1566; Ord. No. 1573; Ord. No. 1583)

Pursuant to the requirements of Government Code § 20460 et seq., the Board of Supervisors hereby approves an Amendment to Contract effective March 1, 1964, to define the normal retirement age shall mean age 60 for miscellaneous members and age 55 for local safety members.

(Prior Code, § 3.40.020; Ord. No. 265)

Pursuant to the requirements of Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective November 1, 1973, to exclude local firemen from PERS membership, as well as, to exclude persons hired on or after November 1, 1973, who are employed on a temporary basis if it is a condition of employment at time of hire that said employment not exceed six months.

(Prior Code, § 3.40.030)

Pursuant to the requirements of Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective October 1, 1977, to provide § 20042 which defines the final compensation as the average monthly pay rate during the last 12 months of employment for local members.

(Prior Code, § 3.40.031)

Pursuant to the requirements of Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective October 1, 1979 to provide § 20952.5 which permits age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount.

(Prior Code, § 3.40.032; Ord. No. 725)

Pursuant to the requirements of Government Code § 20460, the Board of Supervisors hereby approves an additional amendment to the contract effective January 1, 1982 in a form as presented to it on November 3, 1981 and as on file with the Clerk of the Board of Supervisors to incorporate the provisions of Government Code § 20892.8 relative to unused sick leave credit for local safety members only.

(Prior Code, § 3.40.033; Ord. No. 837)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective July 6,1989, to provide § 21382.4, 1959 Survivor Benefits - Third Level.

(Prior Code, § 3.40.034; Ord. No. 1028)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective June 30, 1992, to provide § 21252.01 a two percent at age 50 full benefit formula for local safety members from a½ at 55 full benefit formula.

(Prior Code, § 3.40.035; Ord. No. 1096)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract effective July 1, 1993, to provide § 21251.132 a two percent at age 55 full and modified benefit formula for local miscellaneous members from a two percent at 60 full benefit formula.

(Prior Code, § 3.40.036; Ord. No. 1136)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract in the form presented to it on June 24, 1999, and on file with the Clerk of the Board of Supervisors, to provide § 21024 which allows miscellaneous members with military service credits to buy that credit as PERS service.

(Prior Code, § 3.40.037; Ord. No. 1245)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract, effective August 15,2003, in the form presented to it on July 1, 2003, and on file with the Clerk of the Board of Supervisors, to allow safety members with military service credits to buy that credit as PERS service.

(Prior Code, § 3.40.038; Ord. No. 1313)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract in the form presented to it on January 23, 2007, and on file with the Clerk of the Board of Supervisors, to allow local miscellaneous members pre-retirement optional settlement 2 death benefit and credit for unused sick leave benefit.

(Prior Code, § 3.40.039; Ord. No. 1399)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract, effective July 1, 2009, in the form presented to it on April 24, 2007, and on file with the Clerk of the Board of Supervisors, to incorporate the provisions of Government Code § 20438 to include the following classifications in the safety retirement plan: Chief Probation Officer, Deputy Probation Officer I/II/III, Deputy superintendent, Group Counselor I/II, Probation Program manager, Senior Deputy Probation Officer, Superintendent of Institutions and Supervising Group Counselor.

(Prior Code, § 3.40.040; Ord. No. 1404)

The Board of Supervisors of the County of Yuba has entered into a contract with the Board of Administration, California Public Employees' Retirement System effective February 1, 1960, and witness December 30, 1959, and as last amended July 1, 2007. Pursuant to Government Code §§ 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract in the form presented to it on July 22, 2014, and on file with the Clerk of the Board of Supervisors to include § 21548 (pre-retirement option 2W death benefit) for service credit accumulated on and after the effective date of this amendment to contract for local safety members.

(Ord. No. 1535)

Pursuant to Government Code §20460 et seq., the Board of Supervisors hereby approves an additional amendment to contract in the form presented to it on May 10, 2016, and on file with the Clerk of the Board of Supervisors to include Section 20516 (employees sharing additional cost) of .37 percent for local miscellaneous members in the Yuba County Employees' Association (YCEA) and non-represented groups, and an additional cost of one percent for miscellaneous classic members in the Deputy District Attorney Association (DDAA) group.

(Ord. No. 1544; Ord. No. 1555)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional amendment to contract in the form presented to it on April 25, 2017, and on file with the Clerk of the Board of Supervisors to include Section 20516 (employees sharing additional cost) of one and one-half percent for classic safety members in the non-represented safety management group, elected officials group and extra help group, Law Enforcement Management Supervisory Association, Deputy Sheriff's Association and the Yuba County Probation Peace Officers Association; and one-half percent for classic miscellaneous members in the Deputy Sheriff's Association and Law Enforcement Management Supervisory Association.

(Ord. No. 1566)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional amendment to contract in the form presented to it on April 10, 2018, and on file with the Clerk of the Board of Supervisors to include Section 20516 (employees sharing additional cost) of .403% for local miscellaneous members in the Yuba County Employees' Association and the non-represented group; an additional one-half percent for classic local miscellaneous members in the Deputy Sheriff's Association and Law Enforcement Management Supervisory Association; and Section 20516 (Employees Sharing Additional Cost) of an additional one and one-half percent for classic local safety members in the non-represented safety management group, elected officials group and extra help group; Law Enforcement Management Supervisory Association, Deputy Sheriff's Association and the Yuba County Probation Peace Officers Association.

(Ord. No. 1573)

Pursuant to Government Code § 20460 et seq., the Board of Supervisors hereby approves an additional Amendment to Contract in the form presented to it on April 9, 2019, and on file with the Clerk of the Board of Supervisors to include Section 20516 (Employees Sharing Additional Cost) of an additional .403% for local miscellaneous members in the Yuba County Employees' Association and the Non-Represented Group; an additional one percent for classic local miscellaneous members in the Yuba County Deputy District Attorney Association.

(Ord. No. 1583)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.