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Adopted Code Section - Cross Reference

Stanislaus County Employees' Retirement Assocation - Applicable/Adopted California Code Sections

 Subject

Statute Requiring B.O.S. or B.O.R. Resolution

 Date Adopted

 Notes

ARTICLE 1 - General

 

 

 

Issuance Of Duplicate For Lost Or Destroyed Warrant

31452.65

  Not Adopted, BOS Approved County Auditor Process Is Used. 
Actuarial Valuation - Rate Change 30 year Amortization 31453 sub (b)(2)

In practice

Not Adopted
Funding Period Determined For UnFunded Accrued Actuarial Obligations 31453.6 - BOR

06/091993 BOR 6/15/1993 BOS

 
Adj By Board Of Rates Of Interest 31454 sub (b)(2)   Not Adopted
Independent Assumptions & Calculations 31454.1 sub (b)(2)   Not Adopted
Additional Appropriations By Board To Fund Deficits 31454.5

5/12/1970

 
Ex Spouse Payments Pursuant To Court Order, Beneficiary ; Termination ; Operation Of Section 31458.4   Not Adopted
Final Compensation Defined - Three Years 31462

6/10/1980

Tiers 2 & 3
Final Compensation - One Year 31462.1

8/17/1971, 02/12/2002

Terminated For New Hires 06/10/1980 Reinstated For Tier 4 & 5 On 02/12/02  Terminated for County new hires 1/1/2011

Recalc Of Allowance – Prospective One Year 31462.11   Not Adopted
District Membership 31468    
Group Supervisors Become Safety 31469.4

12/17/1996

Misc For 3 Years, Then Safety, Changed To 1st Day Of Employment Per County Counsel Decision. 05/13/1998
Eligibility - Officers & Employees – Hazardous Materials;  31470.13   Not Adopted
Eligibility – Local Prosecutors, Public Defenders, & Public Defender Investigator 31470.14 (e)   Not Adopted
Member Status During Public Or County Service  31470.7

06/16/1964 amended 6/19/1973

 
Public Service Defined Members Make Contributions And Receive Service Credit 31478

06/16/1964 amended 6/19/1973

 
Public Service Defined Members Make Contributions And Receive Service Credit 31479

06/16/1964 amended 6/19/1973

 
Credit For Service As Unpaid City Councilman 31479.1   Not Adopted
Public Service, Merchant Marine 31479.3   Not Adopted
Service Requirements 31480

06/16/1964 amended 6/19/1973

Right Of Members Of The County Employees Retirement Association To Elect To Make Contributions And Receive Credit For Service Rendered To Other Public Agencies - Terminated For New Hires 6/10/1980
Retirement Service Credit; Purchase;Operation Of Section 31485.7   Not Adopted
  31485.10   Not Applicable For Stancera
Article 1.4     Not Applicable For Stancera
Article 1.5     Not Applicable For Stancera
Article 1.6     Not Applicable For Stancera
Article 1.7     Not Applicable For Stancera
ARTICLE 1.8 - Non- Contributory Tier 3 Stanislaus      
Retire Plan 3; Applicability, Purpose, Calculation, Contibution,Refund for Transfer, Vesting, Retirement Eligibility 31499.10 - 31499.19

1/28/1986

 
Credit for Prior Public Service 31499.13   Not Adopted
ARTICLE 2 - Establishment of the System     Stanislaus County Code Section 3.52.010
Establishment of the System 31500 - 31509

1/26/1948

Implemented 07/01/1948
     
       
Article 2.1 Addition Plan (LA)     Not Applicable For Stancera
Article 2.6 Alternative Plan (Ventura)     Not Applicable For Stancera
ARTICLE 2.7 - General Limitations      
ARTICLE 3 - Retirement Board       
Safety Members Election To The Board Of Retirement 31520.1

3/31/1981

Membership In Certain Counties; Qualifications; Term; Vote Of Alternate Member
Board Of Investments (Over 800 Mm In Assets) 31520.2   Not Adopted
Workers' Compensation - BOR 31520.4   Not Adopted. - 7/25/09 Stancera Maintains Insurance For Accident,Death & Dismemberment For Staff And BOR That Travel For Business
Alternate Retired Member On Retirement Brd 31520.5

6/24/2003

BOR Resolution Only
BOR Membership Qualifications 31520   See BOS Approved Bylaws, Section 2.8 For Language.
Board Compensation 31521

Amended 3/28/1994

See BOS Approved Bylaws, Section 2.8 For Language.
Appt & Compensation Of Personnel By Retirement Board 31522.1

12/19/1986

BOR Resolution Only
Appt. Of Administrator 31522.2

8/14/2001

Appt Administrator, Amend By-laws
Regulations (Stancera Bylaws) 31525

3/27/1950

Multiple Amendments Approved over time www.stancera.org
Legal Services Of Private Attorney 31529.5

12/22/1981

 
Contracts For Legal Services  31529.9 (d)   Not Adopted
ARTICLE 4 - Membership      
Safety Before July 1, 1969 31558.1   Not Adopted
Safety Membership After 10 Years 31558.2   Not Adopted
Permit Incorrectly Placed Safety Members - Changes 31558.3

10/4/1983 repealed 1/1/1986

This Section Applied Only To Stancera, (Found In General Counsel Law Book)
ARTICLE 5 - Financial Provisions      
Annual Budget; Expenses Of Administration Charged Against Earnings.  31580.2

12/19/1986

BOR Resolution Only, effective 1/13/87
Employer Pays Part Of Employee Contributions, But Retains Ownership 31581.1   Not Adopted, 31630 & 31873 and Specific MOU'S Approved By Employers Dictates Terms.  
Employer Pays Employee Rates, PreTax Status 31581.2   Not Required, Specific Mou'S Approved By The Governing Body Dictates Terms- Tw 8/11/09, See Also 31630 & IRS letter 414 (h) (2). Each Agency has specific MOU's
Pre payment of Contributions by County 31582   1st Prepayment was Fiscal Year 1993/1994, last Prepayment was FY was 2005/2006  
Defered Yield Adjustment Account 31588.1   Not Adopted
Trade Of Bonds For Similar Bonds 31589.1   Not Adopted
31592.2    
Excess Earnings; Reserve; Transfer To Increase Retirement Allowance  31592.3   Not Adopted - Only required if 31681.7 & 31739.4 are adopted
County Payment Of Retiree Health Ins. (Irs 401H) 31592.4   Not Adopted
Annual Financial Statement 31597.1

4/9/1985

Changing Retirement System Accounting To A Fiscal Year Basis
Loan Program 31602   Not Adopted (BOR)
ARTICLE 5.5 SRBR Provision (31610-31619)     Not Adopted
ARTICLE 6 -Members' Contributions      
Normal Rate Of Contribution – General Tier 2 31621

6/10/1980 amended 11/4/80

 
Contributions General - Tier 4 31621.3

2/12/2002

(BOS) Enhanced Benefit
1/240Th At Age 60 31621.4   Not Adopted
Counties Adopting Section 31676.12, Contribution Rates (Tier 1- Only) Decreasing Employee Rates 31621.5

12/9/1975    term 6/10/1980

Employer / Employee MOU Dictates Specifics (See also 31581.1, 31630, 31873, 31639.5)
Counties Adopting Section 31676.14 (Tier 5 - General)  31621.9

2/12/2002

 
Deduction Of Contribution - Regulations Of Board 31625.1   Adoption Not Required, Bylaws Reference 37 Act.
Members Having 30 Years Of Service Discontinue Contributions 31625.3

12/17/2002

 
Member Normal Contributions paid by employer Tier 1/4 Half Rates - authorization  31630

Not Required

(See also 31581.1, 31625.1, 31873, 31639.5)
ARTICLE 6.8 - Safety Members' Contributions      
Rates Of Contribution - Safety Tier 2 31639.25

6/10/1980 & 12/21/2010

 
Normal Rate Of Contribution Reduction – Safety (Tier 1) 31639.5

12/9/1975     term 6/10/1980

See also,31581.1, 31625.1, 31873)
ARTICLE 7 - Service      
Sick Leave Credit 31641.03

12/17/1996

 
Additional Service Credit - Golden Hand Shake  31641.04 (e)

09/24/85, 9/9/1986, 6/8/1993

 
  31641.05 (h)   Not Adopted
Contributions & Credit For Prior Public Service (Tier 1 & 4 Only - 1/2 Rates)  31641.1

06/16/1964, amended 06/19/1973 terminated 6/10/1980

See Section 31641.95
Amount Of Contributions By Member Previously In Public Service (Tier 1 & 4 Only) 31641.2

06/16/1964, amended 06/19/1973 terminated 6/10/1980

See Section 31641.95
Compensation First Earnable 31641.3

06/16/1964, amended 06/19/1973 terminated 6/10/1980

See Section 31641.95
Public Service Credit; Certification; Prior Employment Credits Of Safety Members 31641.4

06/16/1964, amended 06/19/1973 terminated 6/10/1980

See Section 31641.95
Purchase Of Credit In The Event Of Downsizing 31641.55   Not Adopted
Purchase Of Part Time Service 31641.56

3/26/2002

 
Assumption By County Of City Functions 31641.6   Not Adopted
Installment Payments; Lump Sum Payment 31641.8

06/16/1964, amended 06/19/1973

See Section 31641.95
Treatment Of Contributions, Matching By County 31641.9

06/16/1964, amended 06/19/1973

See Section 31641.95
Applicability Of Certain Sections,             (31470.7,31478, 31479, 31480, 31641.1, 31641.2, 31641.3, 31641.4, 31641.8) 31641.95

06/16/1964, amended 06/19/1973, terminated 07/01/1980

Each Employer had to adopt enhance benefits and each active employee had to opt in, (2002), special adobtion was not required.   7/1/09 There Are Still Active Tier 1 And 2 Members and Agencies. (See 31621.3)
Return To Active Service 31646.1   Not Adopted
Service Credit For Uncompensated Leave 31646.5   Not Adopted
31648    
Employee Return To Work After Lay Off 31648.3   Not Adopted
Credit For Previous As Current Service - Elective Officer 31648.55   Not Adopted
Service With Armed Forces  31649.5   Not Adopted, See Federal Code Section 1002.262
Service With Armed Forces  31649.6   Not Adopted, See Federal Code Section 1002.262
War Relocation Absence 31655   Not Adopted
Extension Of Service Credit  31656   Not Adopted
Additional Retirement Credit (Arc) 31658   Not Adopted
ARTICLE 7.5 - Retirement of Safety Members for Service      
Mandatory Retirement Age For Safety. (60) 31662.4   Not Adopted
Mandatory Retirement Age For Safety 31662.6   Not Adopted
Safety Member Holding Elective Office 31662.8   Not Adopted
Mandatory Retirement Age - Sheriff, Undersheriff 31663   Not Adopted
31663.1     Not Adopted
Applicability - Fire Chiefs 31663.2   Added 07/27/05, In-Operative 2009, Repealed In 2010
31663.15     Not Adopted
Age And Service Requisite- Safety 31663.26   Not Adopted ( 31663.25 Provides Same Benefit Without Specialized)
Tier 1 & 2 Safety, fixed rate formula 31664   Not required - Safety formula See 31676.1 
Tiers 4 & 5 Safety 31664.1

2/12/2002

Terminated for County New hires 1/1/2011
Additional Service Pension 31664.2   Not Adopted
ARTICLE 8 - Retirement for Service      
Mandatory Retirement Age 31671.03

10/18/1977

Repealed 1983
Mandatory Retirement Age 31671.05   Not Adopted
Voluntary Retirement Requirements Age 55, 10 Years, 5 Years Vested 31672

3/20/1973

 
Voluntary Retirement Age 55, 10 Years, 5 Years Vested 31672.1   Not Adopted
Member Of One System Becoming Member Of Our System 31672.5   Not Adopted
  31676.01   Not Adopted
Tier 2 - General   31676.1

05/19/1970 & 6/10/1980 & 12/21/2010

All County New hires 1/1/2011
       
Computation Of Benefits 31676.11   Not Adopted
Benefits, Limits, Computations Tier 1 31676.12

4/2/1974

Terminated For New Hires 07/01/1980
Increase In Service Retirement Allowances 31676.13   Not Adopted
Increase In Allowance Tier 4 & 5 31676.14

2/12/2002

Terminated for County new hires 1/1/2011
County With Alternative To Survivorship 31676.15   Not Adopted
Additional Pension;  31676.16   Not Adopted
Additional Pension;  31676.17   Not Adopted
Additional Pension;  31676.18   Not Adopted
Additional Pension;  31676.19   Not Adopted
Pension Increases And Decreases 31676.95   Not Adopted
Previously Retired Members Increase In Pension 31676.96   Not Adopted
Including Retirees In Enhanced Benefit 31676.98 (d)   Not Adopted
Application Of Retirement Benefit, Member Paid 31678.2   Not Adopted
Reemployment After Retirement, Reinstatement Of Active Membership 31680.4   Not Adopted
Reinstatemetn;Contributions And Allowances;Contingent Operation 31680.5   Not Adopted
Extension Of Reemployment For Special Skills Up To 960 Hours 31680.6

1/7/1992

 
Reemployment After Retirement; Reinstatement; Discontinuance Of Benefit 31680.7   Not Adopted
Increase Of Benefits Of Members Retired Prior To 01/01/1948 31681.2   Not Adopted
Increase Of Benefits Of Members Retired Prior To 01/01/48 And Before 02/01/55 31681.4   Not Adopted
Benefit Increase After Retirement 31681.5

6/11/1963

 
Benefit Increase After Retirement And Optional Death Allowance 31681.51

12/19/1967

Stanislaus County Code Section 3.52.020
Benefit Increase After Retirement And Optional Death Allowance 31681.52   Not Adopted
Increase In Benefit & Optional Death Allowance 31681.53   Not Adopted
Increase In Benefit & Optional Death Allowance And Limitation 31681.54   Not Adopted
Increase In Benefit & Optional Death Allowance For Members Who Retired Or Died Prior To 01/01/01 31681.55   Not Adopted
Increase In Benefit To Retired Employees In Certain Counties 31681.6   Not Adopted
Temporary Increase In Benefits 31681.7   Not Adopted
Cost Of Living Payments; Adoption Of Section 31681.8   Not Adopted
ARTICLE 8.4 - Community Property (separate account method) 31685 et sq   Not Adopted, Family Law dictates
ARTICLE 8.5 - Group Insurance      
Increase In Allowance From Excess Earning In Lieu Of Contributions For Premiums Non Vested 31691.1

3/11/1981

Health Allowance 1st given in 1981, policy amended several times see StanCERA bylaw for current policy. 
ARTICLE 8.6 - Post Employment Benefit

31694 to 31694.5

  The Entire Article Must Be Adopted By BOS For Any Sections To Be Operative. Not Adopted
   
ARTICLE 8.7 - Extension of Safety Member Provisions     The Entire Article Must Be Adopted By BOS For Any Sections To Be Operative. Not Adopted
Applicability Of Chapter To Certain Counties 31695.1   In 1948 There Was Not Any Differentiation Between General Or Safety Membership For Employees' Retirement Contributions. 
ARTICLE 8.8 - Longer-Term Care Group Insurance     Not Adopted 
31696.1 (b)     Not Adopted
ARTICLE 8.9 - Vision Care     Not Adopted 
ARTICLE 9 - Deferred Retirement      
ARTICLE 10 - Disability Retirement      
Persons Entitled To Make Application 31721 (b)   Not Adopted
Vocational Rehab (Change Of Position) For Non Service Connected Disability Applicant 31725.5

8/23/1977

Stanislaus County Code Section 3.52.040
Calculation If 31676.12 Is Adopted ( Tier 1 General N.S.C.D. Formula 31727.1   Not adopted, 31676.12 Adopted 4/2/74 and closed to new hires in 1980, in practice.
Increase Service Connected Disability Payments 31727.5   Not Adopted
Non Service Disability - Amount Based On Years Of Service 31727.7   Not Adopted
Increase In Benefits 31739   Not Adopted
Increase In Benefits 31739.2   Not Adopted
Increase In Benefits Pre 6/30/56 31739.3

6/11/1963

 
Increase In Benefits Pre 6/30/56 31739.31

12/19/1967

Stanislaus County Code Section 3.52.020
Increase In Retirement, Optional Death Benefit 31739.32   Not Adopted
Increase In Retirement, Optional Death Benefit 31739.33   Not Adopted
Increase In Retirement, Optional Death Benefit 31739.34   Not Adopted
Temporary Increase In Benefits 31739.4   Not Adopted
Supplemental Disability Retirement Allowance 31740   Not Adopted
ARTICLE 11 - Optional Retirement Allowances      
Continuance To Surviving Spouse Children 31760.2   Not Adopted
Notification Of Spouse 31760.3

8/20/2002

 
Election To Reduce Retirement Allowance 31764.5   Not Adopted
Right To Elect Reduction (Option 5) 31764.6   Not Adopted
Adjustment If Spouse Predeceases Member 31764.7   Not Adopted
ARTICLE 11.5 - Deferred Retirement Option Program (DROP) 31770- to 31779.3   BOS May Adopt all or part of the Article - Not Adopted
ARTICLE 12 - Death Benefits      
Domestic Partner Benefits 31780.2   Not Adopted, California Family Code, Commencing With Section 297.
Continuance - Safety Member Survivors  31785.1   Not Adopted 
Continuance - Member Survivor  31786.1   Not Adopted
Death Benefit Paid By County 31789   Not Adopted
Death Benefit Paid By Stancera $750 31789.1 - BOR

5/8/1973

Adopted By The Board Of Retirement
Burial Allowance Raised To $1000, Paid By Stancera 31789.12 - BOR

11/14/1984

Adopted By The Board Of Retirement
Supplemental Benefit Maximum 31789.13   Not Adopted
$750 Buria Allowance 31789.2   (BOS & BOR)
$5,000 Death Benefit 31789.3   Not Adopted
$5,000 Burial Allowance 31789.5

9/29/1998

(BOS & BOR )
$750 To Active Member  31790   Not Adopted
ARTICLE 13 - Integration with Old Age and Survivors Insurance      
Old Age Intergration 31800

1/1/1956

3 Separate Applications By County To IRS, One For Misc, One For Safety, One For Schools, All Effective 1/1/1956. Amended 5/12/58 & 9/15/59
Retirement Allowance for safety members  31808.6

 02/21/2010

 Tier 4 & 5 calculation

ARTICLE 14 - Subrogation      
ARTICLE 15 - Reciprocal Benefits      
Extension Of Rights To Person Who Termed After 1971 31840.3   Not Adopted
Ext Of Rights To Certain Former State Employees 31840.5   Not Adopted
Elected Officers Who Become Members Of Another System 31840.6   Not Adopted
Reemployment Within A Specified Period Of Time 31840.7   Not Adopted
ARTICLE 15.5 - Survivors' Allowance     Not Adobted
Operative effect as to counties 31841   Not Adopted
Applicability to members subject to Federal Act 31841.1   Not Adopted
  31841   Not Applicable Due To Article 13
ARTICLE 15.6 - Survivors' Allowances     Not Adopted
       
ARTICLE 16 - Alternate Survivors’ Allowances     Not Adopted
31861     Not Adopted
ARTICLE 16.5 - Cost of Living Adjustments      
Maximum 3% COLA; Limitation On Reduction 31870.1

6/24/1969

Stanislaus County Code Section 3.52.030
Maximum 5% COLA 31870.2   Not Adopted 
Computation Of Accumulation  31870.4   Not Adopted
Funding Increases Based On Service Rendered Prior To Applicable Date Of Article 31871

6/24/1969

Stanislaus County Code Section 3.52.030
Funding Other Increases In Allowance 31872

6/24/1969

Stanislaus County Code Section 3.52.030
Employer Pays Part (1/2) Of Employee Cola Contributions (Tier 1/4 Safety & General)  31873

06/24/1969, 12/9/1975

Stanislaus County Code Section 3.52.030   See Also 31630 Termed 6/10/1980
Use Of Surplus For Cost Of Living  31874

6/24/1969

BOR follows 31874.3 (b)(3)
Determination Application Of Excess 31874.1   Not Adopted
Determination Maximum Annual Change 31874.2   Not Adopted
Additional Cost Of Living Adjustment 31874.5   Not Adopted
ARTICLE 16.6 - Retrospective Cost-of-Living Adjustment     Not Adopted
       
ARTICLE 17 - Integration with Federal Old Age, Survivors, and Disability Insurance     Not Applicable For Stancera
       
ARTICLE 17.5 - Termination of Social Security in Counties with a Population Exceeding 6,000,000     Not Applicable For Stancera
       
Article 18 - Adjustment to fit other allowances     Adoption Not Required
Resolution Regarding Pay Included as Pensionable Income     Adopted by StanCERA
Public Employees' Pension Reform Act (PEPRA)     Adopted by BOS & StanCERA

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Key:
B.O.S - Stanislaus County Board of Supervisors
 
B.O.R. - Board of Retirement