Earlier editions: 2020-112018-11
TITLE 3. GOVERNMENT OF COUNTIES 23000-33205›DIVISION 4. EMPLOYEES 31000-33017›PART 3. RETIREMENT SYSTEMS 31200-33017›CHAPTER 3. County Employees Retirement Law of 1937 31450-31898›ARTICLE 3. Retirement Board 31520-31543
§ 31542
California Government Code · 2026-10 edition · updated 2026-10-04 · California
(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.)
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