Section 31676.98 Of Article 8. Retirement For Service From California Government Code >> Division 4. >> Title 3. >> Part 3. >> Chapter 3. >> Article 8.
31676.98
. Any county under the provisions of Section 31676.1, on
the effective date of this section, whose retired employees were not
included in the benefits of Section 31676.1 on the date the county or
district adopted the provisions of Section 31676.1, may now include
under Section 31676.1 all retirees who retired during the period of
time from the establishment of such retirement system and the date
such county or district passed a resolution bringing the county or
district under the provisions of Section 31676.1, subject to the
following conditions:
(a) The benefits of this section shall not apply to any
beneficiary or successor in interest of any deceased member and shall
apply only to the living retired members on the date such section is
adopted by resolution of the county or district.
(b) No increases, cost of living adjustments or grants to such
retired members shall be considered in the calculations of the
retirement allowance, and only such pensions received by the retired
members, computed at the date of the original retirement of the
members shall be used in the computation of any such benefits. All
living retired members shall have their benefits computed as general
members. Calculations shall be made on the basis of current interest
rates and mortality tables.
(c) This section shall not decrease any such pension or retirement
allowance, nor shall this section give any such retired members or
their beneficiary or successor in interest, any claim against the
county or district for any increases in pension or retirement
allowance paid or payable for the time prior to the effective date of
this section.
(d) This section shall not apply to any retirement system
established under the provisions of this chapter, nor to the members
or retired members of such system unless and until the governing
board of the county or district, adopts by majority vote, a
resolution providing that this section shall become applicable in
such county or district. Upon adoption the effective date shall be
the first of the month following such date of adoption.
A county or district upon the adoption of the benefits prescribed
by this section shall determine and shall prescribe increases in
employer or member rates of contribution or make such other
adjustments as it deems appropriate to fully fund such benefits on a
sound actuarial basis.