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Section 31542 Of Article 3. Retirement Board From California Government Code >> Division 4. >> Title 3. >> Part 3. >> Chapter 3. >> Article 3.
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.
(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.
