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1-078
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on January 8 , 1991 by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Adoption of Government ) RESOLUTION NO. 91/_LZ
Code section 31840.7 Providing ' )
A One Year Period in Which an )
Employee Who Is Laid-Off May Have )
Reciprocal Retirement Benefits )
WHEREAS an employee who terminates from employment for any reason has
limited reciprocal benefits with other retirement systems under the County
Employees Retirement Law of 1937 and PERS, and
WHEREAS because of the uncertain financial condition in which many public
agencies find themselves, terminated employees are finding it more difficult to
find employment with the same or another public agency, and
WHEREAS Government Code section 31840.7 allows this Board by resolution
to extend to one year the period during which an employee who is terminated due
to "layoff because of, a lack of work, a lack of funds, or a reduction in
workforce" may receive reciprocal retirement benefits,
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that the provisions of
Government Code section 31840.7 are applicable to the Contra Costa County
Employees Retirement Association. °
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superyrs on the date shown.
MAY 1,1 AAY Aw
ATTESTED:
PHIL B TCHELOR,Cie c of the Board
of supervisors and county Administrator
Deputy
RESOLUTION NO. 91/17
TO: BOARD OF SUPERVISORS Contra
y,
FROM, Phil Batchelor, County Administrator
Costa n' !s L
DATE:
December 13, 1990 County
Trq.cdun`�
IMPLEMENTATION OF SB 2025 IN CONTRA COSTA COUNTY
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt the attached Resolution to make SB 2025 (Chapter 595,
Statutes of 1990) effective in Contra Costa County.
BACKGROUND:
The Contra Costa County Employees Retirement Association' s
Governing Board sponsored, and the Board of Supervisors
supported, legislation in 1990 to correct a problem in State law
as it relates to counties which are members of the Retirement Act
of 1937 . A County employee who leaves service with the County
may leave his or her retirement contributions on deposit and
receive credit from his or her next employer, where the
individual goes to work for another public agency which extends
reciprocal rights to the employee because he or she was employed
in a 111937 Act" County. However, the employee must generally go
to work for the new employer within 90 days after leaving the
employment of the previous employer.
Current law makes no exception for a situation where an employee
is laid off. If the employee does not go to work for another
public agency within the 90 day time period, the employee must
withdraw his or her retirement contributions if he or she is not
otherwise vested with the right to leave the contributions on
deposit and must begin all over again with his or next employer,
even if the subsequent employer does extend reciprocal rights to
the employee.
CONTINUED ON ATTACHMEPbS-YES SIGNATURE: 6k�� A
:kRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
IAPPROVE OTHER
SIGNATURE(S): 22�d� 19
ACTION OF BOARD ON janua 'y 8 , 1991 APPROVED AS RECOMMENDED OTHER .
VOTE OF SUPERVISORS
(✓-- I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED JAN 8 TS, z
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Please see Page 2 .
BY DEPUTY
M382 (10/88)
It is felt that, a layoff situation, where the employee may have
very little . notice of his or her termination of employment,
should perhaps be treated somewhat more liberally than a straight
"termination" situation where an employee simply quits
employment, 'often with another, job already lined up.
As a result, legislation was carried by Senator Boatwright in
1990 to permit an employee who is laid off due to a lack of work,
a lack of funds or a reduction in workforce, more time in which
to •seek and obtain employment with another public agency where
the employee's retirement credit are ' given reciprocal
recognition. In such a case, SB 2025 would permit the employee
to exercise his or her reciprocal rights for one year where the
reemployment occurred on or after January 1, 1989.
This legislation was approved by the Legislature and was signed
into law by the Governor. The law becomes effective January 1,
1991, but can only be operative where a Board of Supervisors
votes to make the law effective in that County. Adoption of the
attached Resolution will accomplish this and allow any employees
in a layoff situation to have one year to obtain employment from
another public agency with which our Retirement System has
reciprocal rights.
cc: County Administrator
County Counsel
Retirement Administrator
Director of Personnel
Gerald Pando