Bill Text: CA AB992 | 2015-2016 | Regular Session | Chaptered

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Bill Title: County Employees Retirement Law of 1937: disability retirement: modification of allowance.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Passed) 2015-07-02 - Chaptered by Secretary of State - Chapter 40, Statutes of 2015. [AB992 Detail]

Download: California-2015-AB992-Chaptered.html

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BILL NUMBER: AB 992	CHAPTERED
	BILL TEXT

	CHAPTER  40
	FILED WITH SECRETARY OF STATE  JULY 2, 2015
	APPROVED BY GOVERNOR  JULY 2, 2015
	PASSED THE SENATE  JUNE 18, 2015
	PASSED THE ASSEMBLY  MAY 14, 2015

INTRODUCED BY   Committee on Public Employees, Retirement, and Social
Security (Assembly Members Bonta (Chair), Cooley, Jones-Sawyer, O'
Donnell, and Rendon)

                        FEBRUARY 26, 2015

   An act to amend Section 31760 of the Government Code, relating to
county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 992, Committee on Public Employees, Retirement, and Social
Security. County Employees Retirement Law of 1937: disability
retirement: modification of allowance.
   The County Employees Retirement Law of 1937 (CERL) authorizes
counties to establish retirement systems pursuant to its provisions
in order to provide pension benefits to county and district
employees. CERL permits a member or retired member to modify his or
her election of a specific retirement allowance until the first
payment of any retirement allowance is made. CERL permits a member
who is eligible to retire for service to do so when an application
for disability retirement is pending and provides that the type of
retirement allowance selected at the time of retirement for service
is not binding if the member is awarded a disability retirement.
   This bill would specify that a member who applies for disability
and is granted a service retirement pending a determination of
disability may change the type of allowance that he or she elected at
the time of the service retirement, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 31760 of the Government Code is amended to
read:
   31760.  (a) Except as provided in subdivision (b), until the first
payment of any retirement allowance is made, a member or retired
member, in lieu of the retirement allowance for the member's life
alone, may elect to have the actuarial equivalent of his or her
retirement allowance as of the date of retirement applied to a lesser
retirement allowance payable throughout life in accordance with one
of the optional settlements specified in this article.
   (b) Notwithstanding subdivision (a), a member who applies for
disability and is subsequently granted a service retirement pending a
determination of entitlement to disability may change the type of
optional or unmodified allowance that he or she elected at the time
the service retirement was granted, subject to the provisions of
Section 31725.7.