reglab/statecodes huggingface dataset:
2023 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 8.5 - Group Insurance › Section 31693.

31693. In any county, district, or county retirement system providing benefits under this article, the county, district, or county retirement system shall provide any recognized retiree organization, as defined in Section 31471.5, that is recognized by the retirement system of the county or district as representing the retired employees of that county or district reasonable advance notice of any proposed changes in employee health care benefits affecting those retired employees and the organization shall have a reasonable opportunity to comment prior to any formal action by the county, district, or county retirement system on the proposed changes. As used in this section, “proposed changes” means significant changes affecting health care benefits, including, but not limited to, changes in health care carriers, plan design, and premiums.
(Amended by Stats. 2012, Ch. 178, Sec. 6. (SB 1382) Effective January 1, 2013.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.

31694. (a) The board of supervisors of a county or the governing body of a district or other public entity may, by ordinance or resolution and with the agreement of the board of retirement, provide for the contribution of funds by the county, a district, or other public entity into a Post-Employment Benefits Trust Account. The retirement system may establish the Post-Employment Benefits Trust Account as a part of the retirement fund. The Post-Employment Benefits Trust Account shall be established for the sole purpose of funding the benefits provided under a post-employment group health, life, welfare, or other supplemental benefits plan or plans established and maintained by the county or district, which plan or plans may provide for self-insured coverage or the payment of all or a portion of the premiums on one or more insurance contracts or health care service plan contracts for retired employees of the participating county, district, or other public entity, and their qualified spouses, dependents and beneficiaries.
(b) Contributions to the Post-Employment Benefits Trust Account may include the proceeds of debt issued by the county, a district, or other public entity solely for the purpose of funding post-employment health, life, welfare, or other supplemental benefits.
(c) The post-employment benefits provided with the funds contributed to the Post-Employment Benefits Trust Account are in addition to any other benefits provided under this chapter.
(d) (1) Except as described in subdivision (b) of Section 31694.1, the assets of the retirement fund may not be used, directly or indirectly, to pay the cost of any benefits provided through the Post-Employment Benefits Trust Account or, except to the extent allowed by federal tax law, to pay any direct or indirect cost of administering the Post-Employment Benefits Trust Fund.
(2) Except as described in subdivision (c) of Section 31694.1, funds in the Post-Employment Benefits Trust Account may not be used, directly or indirectly, to pay the cost of any other benefits provided under this chapter.
(Amended by Stats. 2007, Ch. 327, Sec. 4. Effective January 1, 2008.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.2.

31694.2. An employer who elects to participate in the Post-Employment Benefits Trust Account shall be required to establish, fund, and apply distributions from the Post-Employment Benefits Trust Account, and administer a post-employment health, life, welfare, or other supplemental benefit plan or plans funded through the Post-Employment Benefits Trust Account, pursuant to applicable federal tax requirements or other legal provisions. An employer may expressly delegate its responsibilities under this section to the retirement system as described in subdivision (f) of Section 31694.1, to the extent allowed by federal tax laws.
(Amended by Stats. 2007, Ch. 327, Sec. 6. Effective January 1, 2008.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.3.

31694.3. (a) The board of supervisors of a county, or the governing body of a district, may establish, by resolution or ordinance, its own trust for the sole purpose of funding any post-employment benefits provided under a group health, life, or other welfare benefits plan or plans established and maintained by that county or district.
(b) The board of retirement and, if applicable, the board of investments, may, with the agreement of the county or district, act as one or more of the following for that employer-established trust: trustee, third-party administrator, or investment manager. The board of retirement and, if applicable, the board of investments, may enter a trust agreement, third-party administrative services agreement, investment manager agreement, or other appropriate agreement with the county or district, which shall establish the respective roles and responsibilities of the parties with respect to the administration and investment of the employer-established trust. That agreement shall provide for the manner and method of payment for the reasonable costs related to investment expenses for, and administration of, the employer-established trust. Those expenses shall not be deemed to be an investment or administrative expense of a retirement system under this chapter.
(c) The county or district may contract with an entity other than the board of retirement or board of investments to act as trustee, third-party administrator, or investment manager for the trust.
(d) Contributions to the employer-established trust may include the proceeds of debt issued by the county or district solely for the purpose of funding post-employment health, life, or other welfare benefits.
(Repealed and added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.4.

31694.4. This article shall not apply to a county, district, or other public entity in a county of the first class as defined by Section 28020 until the provisions of this article are funded pursuant to the provisions of a ratified collective bargaining agreement by that county, district, or other public entity.
(Added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.5.

31694.5. A contract entered into between a public employer and a board of retirement or board of investments as described in Section 31694.1 shall not change the obligations of a public employer, board of retirement, or board of investments that are created under other contracts, laws, ordinances, regulations, or similar actions to provide benefits for employees or retired employees of a participating county, district, or other public entity, or their qualified spouses, dependents, and beneficiaries.
(Repealed and added by Stats. 2006, Ch. 846, Sec. 6. Effective September 30, 2006.)
2023 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 8.6 - Post-Employment Benefits › Section 31694.6.

31694.6. (a) Notwithstanding any provision to the contrary in this article, if the Post-Employment Benefits Trust Account established under Section 31694 is established as a part of the retirement fund, then that account shall be established for the sole purpose of providing health benefits for retired members, their spouses, and dependents, and shall comply with all requirements, including the limitations on contributions, of Section 401(h) of Title 26 of the United States Code, as applicable.
(b) The board of supervisors or the board of retirement shall take any actions necessary or appropriate to ensure that the program provided by this section complies with all applicable federal and state income tax laws, including, but not limited to, establishing rules and procedures for establishing and maintaining an account under Section 401(h) of Title 26 of the United States Code.
(c) If the Post-Employment Benefits Trust Account is established under Section 31694, assets shall not be transferred or otherwise paid from the funds held by the retirement system for retirement benefits to a medical benefits account. Assets shall not be transferred or otherwise paid from a medical benefits account to the funds held by the retirement system for retirement benefits.
(Added by Stats. 2014, Ch. 740, Sec. 13. (AB 2473) Effective January 1, 2015.)
2023 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 8.7 - Extension of Safety Member Provisions › Section 31695.1.

31695.1. Any provisions of this chapter to the contrary notwithstanding, the board of supervisors in any county not subject to the provisions of Section 31676.1 may, by majority vote, provide that all the provisions of this chapter relating to safety members, which apply to counties coming under the provisions of Section 31676.1 prior to January 1, 1953, shall apply in such county to all employees of such county whose principal duties consist of active law enforcement or active fire suppression as defined in Section 31470.2 or 31470.4, and the board in such county shall in its regulations provide for the time of election and terms of office of additional members of the board.
(Added by Stats. 1957, Ch. 568.)
2023 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 8.7 - Extension of Safety Member Provisions › Section 31695.2.

31695.2. All eligible employees may elect to be included within the safety member provisions of this chapter by written notice filed with the board not later than 60 days from and after the effective date of the approval of the board of supervisors of the provisions of this article, or within 60 days from and after the effective date of a selection of benefits by the board of supervisors under Section 31808.6, whichever is later.
(Amended by Stats. 1969, Ch. 767.)
2023 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 8.7 - Extension of Safety Member Provisions › Section 31695.3.

31695.3. From and after the effective date of the approval of the board of supervisors under Section 31695.1, all of the provisions of this chapter relating to safety members which apply to counties coming under the provisions of Section 31676.1, prior to January 1, 1953, except as provided in Section 31695.2, shall apply in such county.
(Added by Stats. 1957, Ch. 568.)
2023 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 8.8 - Long-Term Care Group Insurance › Section 31696.1.

31696.1. (a) The board of retirement may provide a long-term care insurance program for retired members and their spouses, their parents, and their spouses’ parents.
(b) Subject to Section 31696.5, the board may permit active members and their spouses, their parents, and their spouses’ parents to enroll in the long-term care insurance program.
(c) The long-term care insurance plan shall be made available periodically during open enrollment periods determined by the board.
(d) The board shall award contracts to carriers who are qualified to provide long-term care benefits.
(e) The long-term care insurance plan shall include home, community, and institutional care and shall provide substantially equivalent coverage to that required under Chapter 2.6 (commencing with Section 10230) of Part 2 of Division 2 of the Insurance Code and shall meet those requirements set forth in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). However, the Department of Managed Health Care shall have no jurisdiction over the insurance plan authorized by this article.
(f) Notwithstanding subdivision (a), no person shall be enrolled unless he or she meets the eligibility and underwriting criteria approved by the board.
(g) The board shall approve eligibility criteria for enrollment, approve appropriate underwriting criteria for potential enrollees, approve the scope of covered benefits, approve the criteria to receive benefits, and approve any other standards as needed.
(Amended by Stats. 2000, Ch. 857, Sec. 15. Effective January 1, 2001.)
2023 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 8.8 - Long-Term Care Group Insurance › Section 31696.2.

31696.2. (a) The full cost of enrollment in a long-term care insurance plan shall be paid by the enrollees.
(b) The long-term care insurance plan shall not become part of, or subject to, the retirement or health benefits programs administered by the system.
(Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
2023 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 8.8 - Long-Term Care Group Insurance › Section 31696.3.

31696.3. (a) The board shall establish a trust fund designated as the Long-Term Care Fund for the purpose of the payment of the costs and administration of the long-term care plan. The Long-Term Care Fund shall be held for the exclusive benefit of enrollees and the payment of the costs and administration of the program.
(b) The board shall have exclusive control of the administration and investment of the Long-Term Care Fund, except that in a county having a board of investments, the board of investments shall have exclusive control of the investment of the fund. Funds in the Long-Term Care Fund shall be invested pursuant to the law governing the investment of the retirement fund.
(c) Income, of whatever nature, earned on the Long-Term Care Fund shall be credited to the fund.
(d) If the Long-Term Care Fund is intended to be a part of the retirement system trust fund, then the operation of the Long-Term Care Fund, including, but not limited to, its funding, governance, investment of assets, allocation of income, and payment of benefits, shall comply with the requirements of Section 401(h) of Title 26 of the United States Code, to the extent required by that title and related federal regulations. If the Long-Term Care Fund is intended to be separate from and not a part of the retirement system, then no assets attributable to that fund shall be commingled for investment or any other purpose, with the assets of the retirement system and shall constitute a separate fund with a trust that is separate from the funds and trust of the retirement system to the extent commingling of assets for investment purposes satisfies the requirements of the federal tax laws. The board shall indicate, as a part of establishment of the Long-Term Care Fund, whether the separate fund is intended to be a part of, or separate from, the retirement system.
(Amended by Stats. 2014, Ch. 740, Sec. 14. (AB 2473) Effective January 1, 2015.)
2023 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 8.8 - Long-Term Care Group Insurance › Section 31696.4.

31696.4. The board is authorized to recover the administrative costs of the long-term care insurance program from insurance carriers and premiums paid by enrollees.
(Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
2023 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 8.8 - Long-Term Care Group Insurance › Section 31696.5.

31696.5. Subdivision (b) of Section 31696.1 shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make that subdivision applicable in the county.
(Added by Stats. 1997, Ch. 491, Sec. 2. Effective January 1, 1998.)
2023 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 8.9 - Vision Care › Section 31698.

31698. This article shall be known and may be cited as the County Retirement System Vision Care Program.
(Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
2023 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 8.9 - Vision Care › Section 31698.1.

31698.1. A member who retires from a county retirement system covered by this chapter may enroll in a vision care program offered pursuant to this article subject to meeting the eligibility requirements established for the program.
(Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
2023 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 8.9 - Vision Care › Section 31698.2.

31698.2. Each retired member that elects to participate in the program shall be solely responsible for the payment of premiums.
(Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
2023 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 8.9 - Vision Care › Section 31698.3.

31698.3. The benefits in this article are in addition to any other benefits provided in this chapter.
(Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
2023 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 8.9 - Vision Care › Section 31698.4.

31698.4. The sponsor of the vision care program may contract with a third-party administrator to provide vision care to the retired member, his or her survivors, and his or her eligible dependents.
(Added by Stats. 2007, Ch. 331, Sec. 2. Effective January 1, 2008.)
2023 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 8.9 - Vision Care › Section 31698.5.

31698.5. If the vision care program is intended to be part of the retirement system trust fund, then the operation of the vision care program, including, but not limited to, its funding, governance, investment of assets, allocation of income, and payment of benefits, shall comply with the requirements of Section 401(h) of Title 26 of the United States Code, to the extent required by that title, and related federal regulations. If the vision care program is intended to be separate from and not a part of the retirement system, then no assets attributable to that program shall be commingled for investment, or any other purpose, with the assets of the retirement system. Assets attributable to the program shall constitute a separate fund with a trust that is separate from the funds and trust of the retirement system except to the extent that the commingling of assets for investment purposes satisfies the requirements of the federal tax laws. The sponsor of the vision care program shall indicate as part of the establishment of the program whether that separate fund is intended to be a part of, or separate from, the retirement system.
(Added by Stats. 2014, Ch. 740, Sec. 15. (AB 2473) Effective January 1, 2015.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.1.

31699.1. This article shall apply to a board of retirement established in a county of the seventh class.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.2.

31699.2. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article.
(a) “Board members” means the retirement system board and the individual members of that board or the individual members of a postemployment health benefits fund board, as applicable.
(b) “Employee,” except as used in subdivision (g), means a former or retired employee of a local public agency and his or her spouse and dependents who are eligible for retiree health benefits provided by that public agency.
(c) “Postemployment health benefits fund” means the fund established by the retirement system board as a legal entity separate from the retirement system that is used for the collective investment of assets held solely for providing health benefits to employees of a local public agency.
(d) “Postemployment health benefits fund board” means the governing board of the postemployment health benefits fund.
(e) “Public agency” means any local public agency, as defined in Section 53630.
(f) “Retirement system board” means the governing board of the retirement system.
(g) “Staff” means the officers and employees of the retirement system or of the postemployment health benefits fund, as applicable.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.3.

31699.3. The purpose of this article is to allow the retirement system board to establish a postemployment health benefits fund for public agencies that would enable the agencies to do all of the following:
(a) Combine for investment the assets that the agencies set aside to provide for retiree health benefits.
(b) Take advantage of economies of scale.
(c) Use existing investment expertise to reduce the cost of funding for retiree health benefits and increase the security of public retirees and their dependents in those benefits.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.5.

31699.5. The investment of the assets in the postemployment health benefits fund shall be subject to the fiduciary standards governing investments under Section 17 of Article XVI of the California Constitution, as those standards apply to the management of investments of the retirement system governed by the board, notwithstanding that assets in the postemployment health benefits fund will be used to provide retiree health benefits and not retirement allowances. Each public agency and trust fund, and each governing body and member thereof, that participates in the postemployment health benefits fund shall be conclusively determined to have accepted and approved the applicability of the investment standards set forth in this article.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.6.

31699.6. (a) The postemployment health benefits fund board shall determine the investments of the postemployment health benefits fund and may delegate this function to the extent consistent with its fiduciary responsibilities, including delegating this function to the retirement system board.
(b) The postemployment health benefits fund board may offer different investment pools to be chosen by the public agencies and their trust funds that participate in the postemployment health benefits fund.
(c) To the extent allowed by California law and federal law, including, but not limited to, federal tax and securities law, the postemployment health benefits fund board may invest the assets that it holds, and the retirement system board may invest the assets that it holds, in investment pools established under this article, and each of those boards may combine or commingle, for investment purposes only, the assets that it holds with the assets held by the other board. The postemployment health benefits fund board and the retirement system board may take any and all actions necessary or appropriate to implement that combination or commingling, including, but not limited to, unitizing the investments held for retirement purposes.
(d) The retirement system board may invest the assets that it holds for retirement purposes, and the postemployment health benefits fund board may invest the assets held in the postemployment health benefits fund in the same or similar investments by parallel investing rather than commingling the assets for investment.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.7.

31699.7. (a) The postemployment health benefits fund board shall establish the terms and conditions for a public agency and its trust fund to participate in the postemployment health benefits fund, including, but not limited to, eligibility to participate, amount of assets transferred to the fund, investments, withdrawal, transfer of assets to or from the fund, termination of participation, and reporting to the public agency.
(b) The postemployment health benefits fund board shall account separately for each public agency and its trust fund with respect to contributions, withdrawals, earnings, losses, fees paid to third-party vendors, expenses, and all other relevant items. Any expenses charged to the postemployment health benefits fund by the retirement system shall be reported at least monthly by the postemployment health benefits board in its public records and shall be reported at least annually to each agency or trust that participates in the postemployment health benefits fund. The portion of the postemployment health benefits fund that is attributable to each public agency and its trust fund after the accounting, including each agency’s and trust fund’s allocated share of expenses as provided in this section, shall be used only for the exclusive benefit of the employees of that agency.
(c) The postemployment health benefits fund board shall, by resolution, establish all rules, regulations, or bylaws for the administration of the postemployment health benefits fund, including any revision that it deems appropriate, and shall have sole discretion to interpret those rules, regulations, or bylaws.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.8.

31699.8. (a) The sole function of the postemployment health benefits fund shall be to invest assets of participating public agencies and their trust funds that are held for the exclusive benefit of agency employees. The postemployment health benefits fund shall not have any liability for benefits that are provided by any agency or trust that transfers assets to the postemployment health benefits fund for investment. Additionally, the retirement system shall not have any liability for those benefits.
(b) The transfer of assets to or from the postemployment health benefits fund, and the investment of assets by that fund, shall not change the obligation of any agency for retiree health benefits, shall not create any obligations on the part of the retirement systems for retiree health benefits, and shall not create any obligation on the part of a postemployment health benefits fund for any pension or annuity benefits.
(c) The retirement system and the postemployment health benefits fund are separate legal entities, and they and their boards, board members, and staffs, are liable only for their own actions or failures to act. Any liability shall be determined in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1. Any of those claims or causes of action shall accrue in accordance with Division 3.6 (commencing with Section 810) of Title 1.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.9.

31699.9. (a) Expenses of administration of this article shall be allocated by the retirement system board, in its discretion and on a reasonable basis, among the postemployment health benefits fund, the retirement system, and the accounts of the public agencies and trust funds that participate in the postemployment health benefits fund.
(b) The establishment of the postemployment health benefits fund will enable the sharing of expenses of administration and investment, bringing economies of scale and better use of investment expertise to the retirement system. Consequently, the retirement system board may pay the startup and initial administrative expenses for the fund if the retirement system board determines that this expenditure is in the long-term best interests of the members and beneficiaries of the retirement system, and the employers that participate in that system. The board may also assess participating agencies and trusts for all or a portion of those expenses.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.10 - Post-Employment Health Benefits: San Bernardino County Alternative Fund › Section 31699.10.

31699.10. The postemployment health benefits fund board shall act as a separate governing board of the postemployment health benefits fund, with separate rules, regulations, and bylaws, and shall meet separately from the meetings of the retirement system. The postemployment health benefits fund board shall have all of the power, authority, and ability to act on behalf of the postemployment health benefits fund that the retirement system board has with respect to the retirement system, including, but not limited to, the power to obtain fiduciary insurance.
(Added by Stats. 2009, Ch. 326, Sec. 1. (SB 11) Effective January 1, 2010.)
2023 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 8.11 - Dental Care › Section 31699.20.

31699.20. This article shall be known and may be cited as the County Retirement System Dental Care Program.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 8.11 - Dental Care › Section 31699.21.

31699.21. A retired member of a county retirement system covered by this chapter may enroll in a dental care program offered pursuant to this article, subject to meeting the eligibility requirements established for the program.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 8.11 - Dental Care › Section 31699.22.

31699.22. A retired member who elects to participate in the program shall be solely responsible for the payment of premiums.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 8.11 - Dental Care › Section 31699.23.

31699.23. The benefits in this article are in addition to any other benefits provided in this chapter.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 8.11 - Dental Care › Section 31699.24.

31699.24. The board of retirement may contract with a third-party administrator to provide dental care to the retired member, his or her survivors, and his or her eligible dependents.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 8.11 - Dental Care › Section 31699.25.

31699.25. The provision of dental benefits in accordance with this article may be revised or discontinued at any time.
(Added by Stats. 2012, Ch. 59, Sec. 4. (AB 2664) Effective January 1, 2013.)
2023 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 9 - Deferred Retirement › Section 31700.

31700. (a) Any member, whether over or under the minimum age of voluntary service retirement, who leaves county service after completing five years of service or who leaves county service and within 90 days, or six months if Section 31840.4 applies, becomes a member of the Public Employees’ Retirement System, a retirement system established under this chapter in another county, the State Teachers’ Retirement System, or a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2, may elect in writing, within 90 days after establishing eligibility for reciprocity, to leave his or her accumulated contributions in the retirement fund and be granted a deferred retirement allowance to become effective either:
(1) Upon the option of the member, at any time at which he or she could have retired had he or she remained in county service in a full-time position.
(2) Not later than the first day of the month following that in which he or she attains the applicable compulsory retirement age, if any.
(b) Any member who is eligible to be granted a deferred retirement allowance under subdivision (a) because he or she has completed five years of service but who fails to so elect, shall be deemed to have elected a deferred retirement.
(c) Any member, regardless of service, whose retirement system coverage ceases but who does not terminate employment shall leave his or her accumulated contributions in the retirement fund, and interest shall continue to be credited pursuant to Section 31591, until the member retires or terminates employment.
(Amended by Stats. 2000, Ch. 966, Sec. 5. Effective January 1, 2001.)
2023 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 9 - Deferred Retirement › Section 31700.5.

31700.5. Notwithstanding any other provisions of this chapter, any member with more than 10 years service who resigns his position and is granted a deferred retirement under this chapter, to accept an appointment by any court of record or judge thereof in a reciprocal county, shall not be considered as breaking his continuity of service and such member shall be eligible for reinstatement within five years to the position from which he resigned or one in a lower class in the same or related series requiring similar qualifications, knowledges and abilities. The intent provision of Article 15 of this chapter shall apply to this section.
(Added by Stats. 1970, Ch. 821.)
2023 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 9 - Deferred Retirement › Section 31701.

31701. Any member may elect to rescind in writing his election and withdraw his accumulated contributions pursuant to Section 31628 at any time before the effective date of his retirement except that if within 90 days after discontinuing service under this system, he became a member of the State Employees’ Retirement System or a system established in another county under this chapter, he may not rescind or withdraw any of his accumulated contributions while in service as such a member.
(Amended by Stats. 1959, Ch. 1078.)
2023 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 9 - Deferred Retirement › Section 31702.

31702. Upon the death of any member before the effective date of his deferred retirement allowance, his accumulated contributions shall be paid to his estate or to such person as he nominates by written designation duly executed and filed with the board.
(Added by Stats. 1947, Ch. 424.)
2023 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 9 - Deferred Retirement › Section 31703.

31703. Any member upon the effective date of the member’s deferred retirement allowance shall be entitled to receive a retirement allowance as provided in Sections 31662 to 31664.65, inclusive, Sections 31673 to 31677, inclusive, or Section 31751, or Section 31808.5, or Section 31808.6, whichever is applicable.
Any member who elected deferred retirement while subject to Section 31751 shall have a retirement allowance computed in accordance with Sections 31676.11 and 31808 for service which occurred prior to the date Section 31751 was applicable to the member.
(Amended by Stats. 1980, Ch. 58.)
2023 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 9 - Deferred Retirement › Section 31704.

31704. If any member elects to have his or her deferred retirement allowance calculated in accordance with Section 31762, 31763, 31764, or 31764.5, he or she shall present his or her election in writing to the board at least six months prior to the effective date of his or her deferred retirement allowance.
(Amended by Stats. 2004, Ch. 441, Sec. 3. Effective January 1, 2005.)
2023 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 9 - Deferred Retirement › Section 31705.

31705. The retirement allowance shall be calculated according to the provisions of this chapter, or the California Public Employees’ Pension Reform Act of 2013, whichever is applicable, as they exist at the time of the commencement of the retirement allowance.
(Amended by Stats. 2013, Ch. 247, Sec. 43. (AB 1380) Effective January 1, 2014.)
2023 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 9 - Deferred Retirement › Section 31706.

31706. Any member who has left county service and has elected to leave accumulated contributions in the retirement fund, or who is deemed to have elected a deferred retirement pursuant to subdivision (b) of Section 31700, and who has attained 70 years of age but has not yet applied for a deferred retirement allowance, and who is not a reciprocal member of a retirement system established pursuant to this chapter or the Public Employees’ Retirement Law, shall be notified in writing by the board that the member is eligible to apply for, and shall begin receiving, either a deferred retirement allowance by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code or a one-time distribution of all accumulated contributions and interest. The notification shall be made at the time the deferred member attains 70 years of age and shall be sent by certified mail to the member’s last known address, or to the member’s last known employer, as shown by the records of the retirement system. If the member can be located but does not make proper application for a deferred retirement allowance with retirement to be effective by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, the retirement system shall commence paying either an unmodified allowance to the member, if the member was eligible to begin receiving a deferred retirement allowance under the provisions of Section 31485.22, or a one-time distribution of all accumulated contributions and interest if the member is otherwise ineligible for a deferred retirement allowance. If the member cannot be located by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, all of the member’s accumulated contributions and interest thereon shall be deposited in, and become a part of, the current pension reserve fund of the retirement system. The board may at any time after transfer of proceeds to the reserve fund upon receipt of proper information satisfactory to it, redeposit the proceeds to the credit of the claimant, to be administered in the manner provided under this law. This section shall not apply to a member while the member is actively employed past mandatory retirement age in a retirement system established under the provisions of this chapter or the Public Employees’ Retirement Law.
(Amended by Stats. 2023, Ch. 159, Sec. 13. (SB 885) Effective January 1, 2024.)
2023 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 10 - Disability Retirement › Section 31720.

31720. Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:
(a) The member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and such employment contributes substantially to such incapacity, or
(b) The member has completed five years of service, and
(c) The member has not waived retirement in respect to the particular incapacity or aggravation thereof as provided by Section 31009.
The amendments to this section enacted during the 1979–80 Regular Session of the Legislature shall be applicable to all applicants for disability retirement on or after the effective date of such amendments.
(Amended by Stats. 1980, Ch. 240.)
2023 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 10 - Disability Retirement › Section 31720.1.

31720.1. Notwithstanding Section 31720, any member covered under Section 31751 who is permanently incapacitated shall be retired for disability regardless of age if, and only if:
(a) The member’s incapacity is substantially caused by injury or disease arising out of and in the course of the member’s employment, or
(b) The member has completed a total of 10 years of service.
“Permanently incapacitated,” for the purpose of this section, means that the member is unable permanently to engage in any substantial gainful employment.
(Added by Stats. 1980, Ch. 58.)
2023 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 10 - Disability Retirement › Section 31720.3.

31720.3. In determining whether a member is eligible to retire for disability, the board shall not consider medical opinion unless it is deemed competent and shall not use disability retirement as a substitute for the employer’s disciplinary process.
(Added by Stats. 2008, Ch. 370, Sec. 4. Effective January 1, 2009.)