Section 20585 Of Article 5. Termination Of Contracts From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 5. >> Article 5.
20585
. (a) Notwithstanding any other provision of this article, the
board may enter into an agreement with the governing body of a
contracting agency whose contract has been in effect for at least
five years and the board of supervisors of a county maintaining a
county retirement system for termination of the contracting agency's
participation in this system and inclusion of its employees in the
county retirement system.
(b) The agreement shall contain provisions the board finds
necessary to protect the interests of this system, including
provisions for determination of the amount, time, and manner of
transfer of cash or securities, or both, to be transferred to the
county system representing the value of the interests in the
retirement fund of the contracting agency and its employees by reason
of accumulated contributions credited to the agency and its
employees. However, the amount transferred may not exceed the amount
of the accumulated contributions. Any amount representing the
difference between the value of the interests in the retirement fund
of the contracting agency and its employees, and the accumulated
contributions credited to the agency and its employees, shall be
credited to the reserve under Section 20174. The agreement may also
contain any other provisions that the board deems necessary to
address issues related to the transfer, including, but not limited
to, benefits subject to an outstanding domestic relations order and
benefits subject to a lien.
(c) All liability of this system with respect to members and
retired persons under the contract shall cease and shall become the
liability of the county system as of the date of termination
specified in the agreement. Liability of the county retirement system
shall be for payment of benefits in accordance with Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3
applicable to it except that allowances of persons retired on the
termination date and their beneficiaries and of beneficiaries of
deceased members or retired persons who are receiving allowances on
that date, shall be continued in at least the amount provided under
the agency's contract as it was on that date. The termination may not
affect the contribution rate of any member in any other employment
under this system on the date of termination or any retirement
allowance or other benefit based on service to another employer being
paid on the termination date.
(d) Any member who becomes a member of a county retirement system
upon the contract termination shall be subject to this part and
Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of
Title 3 extending rights to a member or subjecting him or her to
limitations because of membership in another retirement system to the
same extent that he or she would have been had he or she been a
member of the county retirement system during his or her membership
in this system under the terminated contract.
(e) Upon execution of the agreement, a contracting agency that is
an employer under Chapter 9 (commencing with Section 20790) shall
cease to have that status, and the accumulated contributions of the
contracting agency shall be determined and thereafter held as
provided in Section 20834.