reglab/housing_qa huggingface dataset:
CA Govt Code § 31535 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31535.

31535.  The board may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed. This power shall be exercised and enforced in the same manner as the similar power granted the board of supervisors in Article 9 (commencing with Section 25170) of Chapter 1, Part 2, Division 2; except that the power shall extend only to matters within the retirement board’s jurisdiction, and committees of the board shall not have this power. Reasonable fees and expenses may be provided for by board regulation for any or all of such witnesses regardless of which party subpoenaed them.Subpoenas shall be signed by the chairman or secretary of the retirement board, except that the board may by regulation provide for express written delegation of its subpoena power to any referee it appoints pursuant to this chapter or to any administrator appointed pursuant to Section 31522.2.Any member of the board, the referee, or any person otherwise empowered to issue subpoenas may administer oaths to, or take depositions from, witnesses before the board or referee.(Amended by Stats. 1990, Ch. 652, Sec. 1.)
CA Govt Code § 31535.1 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31535.1.

31535.1.  The board may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed. This power shall be exercised and enforced in the same manner as the similar power granted the board of supervisors in Article 9 (commencing with Section 25170) of Chapter 1 of Part 2 of Division 2 of this title; except that the power shall extend only to matters within the board’s jurisdiction, and committees of the board shall not have this power. Reasonable fees and expenses may be provided for by board regulation for any or all of the witnesses regardless of which party subpoenaed them.Subpoenas shall be signed by the chairman or secretary of the board, except that the board may by regulation provide for express written delegation of its subpoena power to the retirement administrator or to any referee it appoints pursuant to this chapter.Any member of the board, the referee, or any person otherwise empowered to issue subpoenas may administer oaths to, or take depositions from, witnesses before the board or referee.This section shall apply only in a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961.(Amended by Stats. 2011, Ch. 48, Sec. 2. (SB 637) Effective January 1, 2012.)
CA Govt Code § 31536 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31536.

31536.  If a superior court reverses the denial by the board of an application for a retirement allowance, or for a survivor’s allowance based on such allowance, or for a claim based on a claimed pension right or benefit, the superior court in its discretion may award reasonable attorney’s fees as costs to the member or beneficiary of the member who successfully appealed the denial of such application. Such costs shall be assessed against the board, shall be considered a cost of administration, and shall in no event become a personal liability of any member of the board.(Added by Stats. 1978, Ch. 556.)
CA Govt Code § 31537 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31537.

31537.  The board may establish efficient records management procedures, which may include, but need not be limited to, maintenance and, when determined by the board to be necessary, disposal of records in its jurisdiction.(Added by Stats. 1993, Ch. 24, Sec. 1. Effective January 1, 1994.)
CA Govt Code § 31538 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31538.

31538.  (a) The board shall adjust the payment of benefits payable pursuant to this part, as necessary, in order to maximize the benefits available to members who are subject to the limits of Section 415 of the Internal Revenue Code. Those adjustments shall include, but are not limited to, cost-of-living adjustments, cost-of-living banks, temporary annuities, survivor continuance benefits, or any combinations thereof.(b) The amount payable to a member in any limitation year, including cost-of-living adjustments, shall not exceed the limit established under Section 415(b) of the Internal Revenue Code at the annuity starting date, and as may be increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code and applicable regulations.(c) The cost-of-living adjustments made pursuant to Section 415(d) of the Internal Revenue Code to the limit established under Section 415(b) of the Internal Revenue Code continue to apply after a member’s severance from employment or annuity starting date.(Amended by Stats. 2010, Ch. 188, Sec. 2. (AB 1354) Effective January 1, 2011.)
CA Govt Code § 31539 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31539.

31539.  (a) The board of retirement may, in its discretion, correct any error made in the calculation of a retired member’s monthly allowance or any other benefits under this chapter, if either of the following exist:(1) The error in the calculation of the member’s monthly allowance or other benefits under this chapter was made as a result of fraudulent reports for compensation made, or caused to be made, by the member for his or her own benefit.(2) The member caused his or her final compensation to be improperly increased or otherwise overstated at the time of retirement and the system applied that overstated amount as the basis for calculating the member’s monthly retirement allowance or other benefits under this chapter.(b) The retirement allowance or other benefits under this chapter with respect to a retired member described in subdivision (a) shall be adjusted prospectively to the amount that would have been payable if the overstatement of the member’s final compensation had not occurred.(c) Adjustment of the member’s retirement allowance or other benefits may also be implemented retroactively and include the collection or return of the overpayment of benefits. The board of retirement may direct staff to correct the overpayment of benefits by offsetting the amount to be recovered against future benefits. Adjustments to correct the overpayment of benefits may also be made by adjusting the allowance so that the retired member or the retired member and his or her beneficiary, as the case may be, will receive the actuarial equivalent of the allowance to which the member is entitled.(d) The rights and remedies provided in this section are in addition to any other rights and remedies any party may have at law or in equity. Nothing in this section shall preclude any party from instituting an action for declaratory or other relief in lieu of proceeding under this section.(e) The period of limitation of actions under this section shall be 10 years and that period shall commence either from the date of payment or upon discovery of the facts described in subdivision (a), whichever date is later. The board shall determine the applicability of the period of limitation in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for purposes of correcting the error.(Added by Stats. 2004, Ch. 466, Sec. 1. Effective January 1, 2005.)
CA Govt Code § 31540 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31540.

31540.  (a) The obligations of the retirement system to its members continue throughout their respective memberships, and the obligations of the retirement system to, and in respect to, retired members continue throughout the lives of the retired members, and thereafter until all obligations to the members’ beneficiaries under optional settlements have been discharged. The obligations of the county or district to the retirement system with respect to members employed by them, respectively, continue throughout the memberships of the members, and the obligations of the county or district to the retirement system with respect to retired members formerly employed by them, respectively, continue until all of the obligations of the retirement system to those retired members have been discharged. The obligations of any member to the retirement system continue throughout his or her membership, and thereafter until all of the obligations of the retirement system to that member have been discharged.(b) For the purposes of payments into or out of the retirement fund for adjustment of errors or omissions, the period of limitation of actions shall be three years, and shall be applied as follows: (1) In cases in which the retirement system makes an erroneous payment to a member or beneficiary, the system’s right to collect shall expire three years from the date of payment.(2) In cases in which the retirement system owes money to a member or beneficiary, the period of limitation shall not apply.(c) Notwithstanding subdivision (b), in cases in which payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation shall be 10 years and that period shall commence with the discovery of the erroneous payment.(d) Notwithstanding subdivision (b), if any payment has been made as a result of fraudulent reports for compensation made, or caused to be made, by a member for his or her own benefit, the period of limitation shall be 10 years and that period shall commence either from the date of payment or upon discovery of the fraudulent reporting, whichever date is later.(e) The board shall determine the applicability of the period of limitation in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for purposes of correcting the error or omission.(f) This section shall apply only to a county of the first class as described in Section 28020.(Added by Stats. 2012, Ch. 59, Sec. 2. (AB 2664) Effective January 1, 2013.)
CA Govt Code § 31541.1 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31541.1.

31541.1.  (a) Subject to subdivisions (c), (d), and (e) of Section 31541, the board, upon any terms it deems just, may correct prior board decisions made between January 1, 2013, and December 31, 2015, that were based upon an error of law existing at the time of the decision in the determination of the effective date of disability retirement pursuant to Section 31724. A member seeking correction of errors and omissions pursuant to this section may file an application for correction to the board no later than one year from the date this section becomes operative.(b) This section shall apply to a county of the first class as described in Section 28020 and 28022.(Added by Stats. 2018, Ch. 97, Sec. 1. (AB 2076) Effective January 1, 2019.)
CA Govt Code § 31542 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31542.

31542.  (a) The board shall establish a procedure for assessing and determining whether an element of compensation was paid to enhance a member’s retirement benefit. If the board determines that compensation was paid to enhance a member’s benefit, the member or the employer may present evidence that the compensation was not paid for that purpose. Upon receipt of sufficient evidence to the contrary, a board may reverse its determination that compensation was paid to enhance a member’s retirement benefits.(b) Upon a final determination by the board that compensation was paid to enhance a member’s retirement benefit, the board shall provide notice of that determination to the member and employer. The member or employer may obtain judicial review of the board’s action by filing a petition for writ of mandate within 30 days of the mailing of that notice.(c) Compensation that a member was entitled to receive pursuant to a collective bargaining agreement that was subsequently deferred or otherwise modified as a result of a negotiated amendment of that agreement shall be considered compensation earnable and shall not be deemed to have been paid to enhance a member’s retirement benefit.(Added by Stats. 2012, Ch. 296, Sec. 29. (AB 340) Effective January 1, 2013.)
CA Govt Code § 31542.5 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31542.5.

31542.5.  (a) When a county or district reports compensation to the board, it shall identify the pay period in which the compensation was earned regardless of when it was reported or paid. Compensation shall be reported in accordance with Section 31461 and shall not exceed compensation earnable, as defined in Section 31461.(b) The board may assess a county or district a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that a county or district knowingly failed to comply with subdivision (a). A county or district shall be found to have knowingly failed to comply with subdivision (a) if the board determines that either of the following applies:(1) The county or district knew or should have known that the compensation reported was not compensation earnable, as defined in Section 31461.(2) The county or district failed to identify the pay period in which compensation earnable was earned, as required by this section.(c) A county or district shall not pass on to an employee any costs assessed pursuant to subdivision (b).(Added by Stats. 2012, Ch. 296, Sec. 30. (AB 340) Effective January 1, 2013.)
CA Govt Code § 31543 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 3 - Retirement Board|Section 31543.

31543.  The board may audit a county or district to determine the correctness of retirement benefits, reportable compensation, and enrollment in, and reinstatement to, the system. During an audit, the board may require a county or district to provide information, or make available for examination or copying at a specified time and place, books, papers, data, or records, including, but not limited to, personnel and payroll records, as deemed necessary by the board.(Added by Stats. 2012, Ch. 296, Sec. 31. (AB 340) Effective January 1, 2013.)
CA Govt Code § 31550 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31550.

31550.  Whenever this chapter becomes operative in any county a retirement association shall be organized.(Added by Stats. 1947, Ch. 424.)
CA Govt Code § 31551 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31551.

31551.  The persons expressly declared to be ineligible to membership by this article shall not become members of the retirement association, and, except as expressly excluded, the persons enumerated in this article or the California Public Employees’ Pension Reform Act of 2013 shall become members of the association.Persons employed as participants in a program of, and whose wages are paid in whole or in part by federal funds in accordance with, the Comprehensive Employment and Training Act of 1973 (Public Law 93-203), as amended, are excluded from membership. This exclusion shall not apply to active fire suppression personnel who are safety members pursuant to Sections 31469.3 and 31470.4.(Amended by Stats. 2013, Ch. 247, Sec. 15. (AB 1380) Effective January 1, 2014.)
CA Govt Code § 31552 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31552.

31552.  All existing officers and employees of the county become members of the association on the day the retirement system becomes operative, and thereafter each person entering the county employ becomes a member on the first day of the calendar month after his entrance into the service, unless otherwise provided by regulations adopted by the board. Such regulations may provide for waiver of membership by the prospective employee in the case of newly hired employees who have attained the age of 60. In all cases where there is such a waiver, said employee upon attaining the age of 70 shall thereafter be employed from year to year at the discretion of the county.(Amended by Stats. 1965, Ch. 1668.)
CA Govt Code § 31552.1 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31552.1.

31552.1.  On the first day of the calendar month after this section takes effect all existing officers and employees of the county, who, because of the provisions of Section 31552 prior to its amendment in 1953, were not members, become members on that day.(Added by Stats. 1953, Ch. 789.)
CA Govt Code § 31552.2 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31552.2.

31552.2.  All existing officers and employees of the county, now members of the retirement system, and who became employed by the county during that interim period when the law did not allow membership into the retirement system until the first day of the calendar month following the expiration of 180 days after his entrance into service, shall be allowed to make contributions and receive credit for that period of time as prior county service. The contribution rate shall be as prescribed in Section 31641.5 and election to receive credit for such service shall be available until time of filing of notice of retirement from county service.(Added by Stats. 1970, Ch. 705.)
CA Govt Code § 31552.4 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31552.4.

31552.4.  Employees and officers described in Section 101851 of the Health and Safety Code shall not automatically become members of the retirement system of the health authority established pursuant to this chapter, and their eligibility for retirement benefits shall be established pursuant to the provisions of that section.(Added by Stats. 2013, Ch. 311, Sec. 2. (AB 1008) Effective September 13, 2013.)
CA Govt Code § 31552.5 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31552.5.

31552.5.  (a) Except as provided in subdivision (b), employees and officers of the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code, shall not automatically become members of the Kern County Employees’ Retirement Association, but shall have their eligibility for membership in the Kern County Employees’ Retirement Association be established pursuant to the provisions of that chapter.(b) An employee who is hired by the authority on or after the operative date of the act adding this subdivision shall be a member of the Kern County Employees’ Retirement Association as provided in subdivisions (g) and (h) of Section 101853.1 of the Health and Safety Code.(Amended by Stats. 2018, Ch. 405, Sec. 6. (SB 846) Effective September 14, 2018.)
CA Govt Code § 31553 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31553.

31553.  Elective officers become members of the retirement association on the first day of the calendar month following the filing of a declaration with the board to become a member, provided, however, that any such elective officer may, within 60 days after the expiration of the officer’s term of office or within 60 days after the officer ceases to hold the office, rescind the declaration and withdraw from the retirement association. In such cases, all contributions paid by the member shall be refunded in the same manner as applicable to members terminating service.(Amended by Stats. 1981, Ch. 329, Sec. 1.)
CA Govt Code § 31554 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31554.

31554.  All officers and attaches of the superior court established within the county, except judges and participants in any other pension system, become members of the association on the first day of the calendar month after the board of supervisors adopts by four-fifths vote a resolution providing for their inclusion. Thereafter each person entering such employ becomes a member on the first day of the calendar month following his entrance into the service of the court.In this section “officer or attache of the superior court” includes all commissioners, phonographic reporters who are paid salaries or per diems by the county and whose contributions are based upon such salaries or per diems, secretaries, stenographers, investigators, messengers, or other employees of the court.(Amended by Stats. 1955, Ch. 372.)
CA Govt Code § 31556 (2021)
2021 California Code|Government Code - GOV|TITLE 3 - GOVERNMENT OF COUNTIES|DIVISION 4 - EMPLOYEES|PART 3 - RETIREMENT SYSTEMS|CHAPTER 3 - County Employees Retirement Law of 197|ARTICLE 4 - Membership|Section 31556.

31556.  The board of supervisors and all other county officers shall make the appropriations and perform the duties specified in this chapter with reference to court officers and attaches in the same manner as specified for county or district officers or employees. The deductions provided for in this chapter shall be made from the salaries of such officers or attaches in the same manner as for officers or employees of the county or districts.(Added by Stats. 1947, Ch. 424.)