HomeMy WebLinkAboutMINUTES - 05091995 - 1.77 -77
TO: BOARD OF SUPERVISORS Contra
5....L
FROM: Phil Batchelor, County Administrator �:` Costa
;<
County
DATE: May 4, 1995
SUBJECT: IMPLEMENTING LEGISLATION TO PROVIDE FOR THE DIVISION OF COMMUNITY
PROPERTY INTERESTS IN RETIREMENT CONTRIBUTIONS AND SERVICE CREDITS
IN CASE OF A DISSOLUTION OF MARRIAGE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
o
RECOMMENDATION:
ADOPT the attached Resolution making applicable in Contra Costa
County the provisions of SB 1500 (Chapter 670, Statutes of 1994 )
regarding the division of community property interests in
retirement contributions and service credits in case of a
dissolution of marriage.
BACKGROUND:
Attached is a copy of Chapter 670, Statutes of 1994 , which became
effective January 1, 1995 . This legislation allows counties with
1937 Act retirement systems to allow a court to provide for the
division of accumulated contributions and service credit between a
husband and wife in case of a dissolution of marriage as a part of
the rest of the division of community property. The Public
Employees Retirement System (PERS) and State Teachers Retirement
System (SIRS) each already make similar provisions for the court to
include in the division of community property the retirement system
contributions and service credit as of the time of the dissolution
of marriage.
This legislation, which was drafted by ' this County' s Retirement
Administrator and is totally supported by her, does the following:
❑ Requires that the retirement system be joined in any legal
separation or marriage dissolution proceeding;
❑ Provides that accumulated contributions and service credit
attributable to periods of service during a marriage are
divided into two separate and distinct accounts for the member
spouse and non-member;
CONTINUED ON ATTACHMENT: YES SIGNATURE:&=L:�Kz�ee 41,Z/
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S1:������
ACTION OF BOARD ON _MAY C) , 1 9 9 5 APPROVED AS RECOMMENDED X _ OTHER
IT IS BY THE BOARD ORDERED that Resolution No. 95/ 209 is ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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.
ATTESTED May 9 , 1995
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
❑ Permits the "non-member" to be the spouse or former spouse, or
child or other dependent as ordered by the court;
❑ Provides various rules for refunds to be made to the non-
member under specified circumstances;
❑ Permits the redeposit of contributions plus interest by the
member or non-member under specified circumstances;
❑ Provides for a retirement benefit to the non-member at the
appropriate age;
❑ Continues to provide for the retirement of the member;
❑ Provides rules for amount of service retirement allowance the
member and non-member will receive;
❑ Defines "final compensation" for both the member and non-
member' s retirement;
❑ Provides for the disability retirement of the member.
The provisions of Chapter 670, Statutes of 1994 only become
effective in a county when the Board of Supervisors adopts a
Resolution making its provisions applicable in that county.
It appears equitable to provide the court with the tools to divide
the community property interest in retirement contributions and
service credit along with all other community property. Adoption
of the attached Resolution is recommended by the Retirement
Administrator and Retirement Board and this office concurs in that
recommendation.
cc: County Administrator
Retirement Administrator
Presiding Judge of the Superior Court
County Clerk-Recorder
Superior Court Executive Officer
County Counsel
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
IN THE MATTER OF: )
Making the provisions of )
SB 1500 (Chapter 670, ) RESOLUTION 95/ 209
Statutes of 1994) applicable)
in Contra Costa County )
WHEREAS, the Legislature has enacted SB 1500 (Chapter 670, Statutes
of 1994) which allows a Board of Supervisors to make the provisions
of this law applicable in a county which has a 1937 Act Retirement
System; and
WHEREAS, the enactment of Chapter 670, Statutes of 1994 permits a
Board of Supervisors to allow a court to divide the community
property interests of a spouse (member) and non-member in
accumulated retirement contributions and service credit in the case
of a dissolution of marriage; and
WHEREAS, Chapter 670 can only be made applicable in a county which
has a 1937 Act Retirement System by the Board of Supervisors
adopting a Resolution by majority vote to make the provision of the
law applicable in that county; and
WHEREAS, the Retirement Administrator and Retirement Board have
urged the Board of Supervisors to make the., provisions of Chapter
670 applicable in Contra Costa County; and
WHEREAS, the Board of Supervisors has determined that it is fair,
equitable and in the best interests of the members of the
retirement system and their spouses and other beneficiaries to make
Chapter 670 applicable in Contra Costa County;
NOW, THEREFORE, be it by the Board of Supervisors of the County of
Contra Costa RESOLVED that the provisions of SB 1500 (Chapter 670,
Statutes of 1994) are hereby made applicable in Contra Costa County
pursuant to Government Code S 31685 . 96 .
PASSED and ADOPTED by the unanimous vote of the Board on the ninth
day of May, 1995 .
I hereby certify that the foregoing is a true and correct copy of
a resolution entered on the minutes of the Board of Supervisors on
the date aforesaid.
Witness my hand and the seal of the
Board of Supervisors affixed this
ninth day of May, 1995 .
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administr tor.
By
Deputy Clerk
CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION
DATE: April 13, 1995
TO: Claude Van Marter, Assistant County Administrator
FROM: Pat Wiegert, Retirement Administrator '•-�&
SUBJECT: DIVISION OF COMMUNITY PROPERTY IN A RETIREMENT SYSTEM
CHAPTER 670 (SB 1500)
In October, 1994, you asked whether the Board of Supervisors should be
asked to adopt the provisions of SB 1500 once it becomes effective.
The answer is a wholehearted YES.
The reasons:
- It doesn't remove the ability to handle divorces the way they've
been handled in the past.
- Rather, it adds language to allow us to actually split accounts
the same as PERS and STRS, and many other state systems do.
- It gives each party to a divorce the immediate control over his or
her share without requiring courts to maintain jurisdiction until
retirement time many years later.
- It doesn't incur any added costs to the Trust other than for
administration, which I feel will be simplified.
- It allows the non-member spouse's share of the benefit to continue
to grow in value until retirement. PERS and STRS don't allow this
which has proven to be a big drawback.
- I've been personally pushing for this kind of language since I was
hired in 1989. I chaired the committee which drafted the language
and testified on the bill.
- My Board took formal action on April 11, to urge the Board of
Supervisors to adopt the provisions in Chapter 670 for Contra Costa
County.
Your October 3 memo noted that the bill required the Superior Court to
adopt orders dividing any community property interest in a retirement
account. This is incorrect. The Family Code was merely amended to make
reference to the new provisions in our retirement law. It allows
division of retirement account property rather than requires.
You ask if we have systems in place to accomplish the necessary
recordkeeping. Yes we do. Since we've anticipated this language for so
long, most of our data processing systems and files have been designed
to accommodate the necessary fields. No doubt we'll run into a few
glitches, but nothing that can't be overcome with a little creativity.
Enclosed is material which provides a more detailed explanation of the
bill. If you need any further information, please call.
enclosure CONTRA COSTA COUNTY
RECEIVED
APR 13
OFFICE OF
COUNTY ADMINISTRATOR I
THE PUBLIC RETIREMENT JOURNAL
37 Act Law
SB 1500 (Hughes), Chapter 670, Statutes of 1994
Sponsor: State Association of County Retirement Systems (SACRS).
Support: Unknown.
Opposition: Unknown.
Summary: As part of its 1994 legislative program, SACRS is
sponsoring legislation that would allow 37 Act counties to more
easily and equitably administer domestic relations orders.
SACRS points out that while the federal Retirement Equity Act of
1984 (REA) provides guidance to private sector pension plans on
how they should administer domestic relations orders, REA doesn't
govern public pension plans.
Often 37 Act Law is too inflexible to allow satisfactory
compliance with court ordered legal separation or marriage
dissolution agreements.
SACRS has established a committee to (1) explore possible
solutions that would insure that court ordered separation and
dissolution agreements would be in the best interest of the
membership, and (2) develop legislation that would incorporate
those solutions into 37 Act Law.
The SACRS Domestic Relations Orders Committee, Chaired by
Patricia Wiegert, Administrator of the Contra Costa County
Employees' Retirement Association, after numerous meetings has
submitted a request to Legislative Counsel for an initial draft
of propose legislation.
An analysis of the measure, as prepared by
the SACRS Domestic Relations Orders Committee follows:
This bill brings systems created under the 1937 County Employees
Retirement Law into substantial conformity with PERS and STRS with
respect to the division of community property under California law.
This bill would require that the retirement system be joined in any
P.O.Box 189719 • Sacramento. CA 95818
Phone (916)455-7322/FAX (916)455-7645 • Phone(916)456-5282/FAX (916)456-3950
THE PUBLIC RETIREMENT JOURNAL
legal separation or marriage dissolution proceedings.
This bill provides that accumulated contributions and service
credit attributable to periods of service during a marriage are
divided into two separate and distinct accounts for the member
spouse and non-member.
The non-member may be the spouse or former spouse, or child or
other dependent as order by the court.
1. Refunds
If the member was not vested at the time of marriage dissolution or
legal separation, the non-member must receive a refund of the
accumulated contributions plus interest in his or her account.
In all other cases, the non-member may receive a refund of
accumulated contributions and interest in the non-member's account.
If the non-member takes a refund, the member is notified and then
has 5 years to elect to redeposit the non-member's refunded share.
2. Redeposits and Service Purchases
The non-member is permitted to redeposit his or her community
property share of accumulated contributions plus interest which was
previously refunded to the member. The non-member is permitted to
purchase his or her community property share of the member's
service credit which is eligible for purchases.
All other service credit eligible for purchases, and all other
accumulated contributions plus interest eligible for redeposit,
which is not specifically awarded to the non-member is retained by
the member.
If the non-member dies or takes a refund, the member
may purchase the service for which the non-member was
eligible.
3. Service Retirement Eligibility
The non-member may receive a retirement benefit on the earlier date
of either the non-member's or member's retirement eligibility,
using the non-member's age and the total service at the time
of divorce or legal separation.
The member's eligibility for service retirement is unchanged. Any
service credit requirement for eligibility is computed using the
P.O.Box 189719 • S3cramenio,CA 95818
Phone (916)455-7322/FAX(916)455-7645 - Phone(916) 456-5282/FAX (916)456-3950
THE PUBLIC RETIREMENT JOURNAL
total service had the divorce or legal separation not occurred.
4. Service Retirement Amount
Each party's benefit amount is computed using service credits in
his/her individual account, the age of the member or non-member as
the case may be, the formula applicable to the type of service
credited and the final compensation.
5. Final Compensation
If the non-member retires first, final compensation used in
computing the non-member's benefit is based on the member's
compensation at the time of the non-member's retirement.
If the member retires first, final compensation used in computing
the non-member's benefit is the same as was used in computing the
member's retirement benefit. The non-member is also notified
of this event and advised of his/her rights.
Final compensation used in computing the member's retirement
benefit is unchanged from current law.
Each party may select his or her own benefit payment option and may
name his or her own beneficiary.
6. Disability Retirement Eligibility
The non-member is not eligible to apply for a disability benefit.
The member's eligibility rights are unchanged. Any service
requirement for eligibility is based on the total service as though
the divorce or legal separation had not occurred.
7. Disability Retirement Amount
The combined benefit paid to the member and non-member may not
exceed the amount which would have been paid to the member had the
divorce or .legal separation not occurred.
Determination of the non-member's community property share of a
disability benefit is left to the court. If the non-member is
already receiving a service retirement benefit which is greater
than the share awarded by the court, it will be reduced.
Fiscal Impact: Unknown. The intent of the measure, however, is
to be cost neutral.
P.O. Box 189719 - Sacramento. CA 95818
Phone (916)455-7322/FAX (916)455-7645 - Phone (916)456-5282/FAX (916)4<d6-3950
1993-1994 REGULAR SESSION Ch. 670,1.§-
FAMILY
70,,.§FAMILY LAW—DIVISION OF COMMUNITY"PROPERTY—
RETIREMENT SERVICE. CREDIT
CHAPTER 670
S.B. No'. 1500
AN ACT to amend Section 2610 of the Family Code. and to add Article 8.4 (commencing with
Section 31685) to Chapter 3 of Part 3 of Division 4 of Title 3'of the Government Code, relating
to the County Employees-Retirement Law of. 1937.
i. [Approved by Governor September 19; 1994.]
[Filed with Secretary,.of State.September.20,.1994.]
_.LEGISLATIVE COUNSEL'S.._DIGEST
SB 1500,,Hughes'. County retirement:Aim* ion of community property.,:
Existing law.requires the court,in legal separation or.marriage, dissolution proceedmu.to
which members of certain publ,,,,yetirement.systems are parties,.to,make: "specified .orders,
including orders dividing the accumulated community'property contributions and service ,
credit, as p' rovided in"certain provisions governing,public retirement systems.
This bill would add similar provisions to the•County Employees Retirement.Law.of-1937
that would become operative in a county if adopted by the board of supervisors.
The people of the State. of California do enact as,follows:.
"SECTION..1. ,Section 2610 of.the Family Code -is amended;to read:
2610. (a) Except as provided in subdivision (b), the court shall make whatever orders are
necessary. or appropriate to ensure that-each party receives the party's' full community
property:share in any,•retirement:plan, whether public,or private, including all.survivor and
death benefits, including, but not limited to, any.of the following: .
(1) Order the division of any.retirement benefit s.payable upon or,after the death;of either
party in a manner consistent.with this division.
(2) Order a partyto elect"a survivor benefit annuity or other similar;election for the benefit
of the other party, as specified by the court, in any case in which a retirement plan.provides
for such,an election, provided that,no court shall_order a retirement plan-to provide-increased
benefits determined on the basis of actuarial .value.
(3) "Order,the division''of'accumulated community property contributions and service credit
as.provided in Article T:2 (commencing with Section 21215)of Chapter S of Part 3 of Division
5 of Title 2 of, Article.8.4.(commencing with Section.31685) of'Chapter 3:of Part&-oft.Division
4 of Title 3 of, or,Article 2.5 (commencing with'Section 75050)of Chapter,,11.of Title 8 of, the
Government Code.
(4) Order the division of community property rights in accounts with the"State'Teachers'
Retirement System pursuant to -Chapter 7.5 (commencing with Section 22650) of Part 13 of
the,Education Code.
(5) Order a retirement plan to make payments directly w a nonmember.'party of his or her
community property interest in retirement benefits.
(b) A court shall not make any order that requires a retirement plan to do either'of the
following:
(1) Make payments in any manner that will result in an increase in,the amount of benefits 3
provided by the plan.
(2) Make the payment of benefits to any party at any time. before the member retires,
except as provided in paragraphs (3) and.(4) of subdivision (a), unless,,the:.plan so provides.
Additinne nr rbannan i..dt.s�+ --•- ••
Cl't:. 6709 § 1 STATUTES OF 1994
' (c) This section shall not be applied retroaetivelyto payments made by a retirement plan to
any person who retired or;_died prior,to January 1, 1987; or to payments made to any person
i
who retired or died prior to June 1, 1988, for plans subject to paragraphs (3) and (4) of
subdivision (a).
SEC. 2. Article 8.4 (commencing with Section 31685) is added to Chapter 3 of Part 3 of
:
Division 4 of Title 3 of the Government:Code, to read:
Article 8.4 -Community Property41 "
31685. (a) Upon the legal separation ordissolution of marriage of a member, after joining
f the retirement system as a:party to the proceeding pursuant to Chapter 6 (commencing with
Section 2060) of Part 1. of.Division 6_.of the Family Code,' the court shall include in the
judgment or a court order the'date on which the parties separated.
(b) If the court orders_the.,division. of the community_property interest in the system
' pursuant to Section 2610 of the �Family'Code, the accumulated contributions and service
credit attributable to periods of service,during the marriage.shall be divided,into two:separate
'1; `and distinct accounts in.the name of the member,and nonmember;respectively. Any service
` 1� 'credit'r.depumulated-con'tri i tioihsthat are-'not explicitly awarded by the judgment'or court
,y°�3i;� '•'prder'sh`all"b"e deemed rtle exclusive property•of•the member- • ` •-• -
� o
. urder separating the_ account of the member and.Ahe
nonmember pursuant to this section, the oar shall determine the right's of the nonmember,
into consideration the`court order and the account of the member.' These ri hts may
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include the-following:
r f (1) The right to a retirement allowance. . I
f�1}
.(2).The right to a refund of accumulated retirement contributions.`
JtAil, (3) The right to redeposit-accumulated contributions that are eligible for redeposit by the
� member
S
'e' ' (4) The..right to;:purchase service,.credit credit that is eligible for purchase by.. the:...member.
_ i
1 (5)'Tfie right to designate a beneficiary to receive his or her accumulated eontributions
payable where death occurs'prior to retirement: -
(6)'.The4ight to designate to beneficiary for any unpaid'allowance payable at-the'--time of the
E nonmember's death.
In the capacity.:of:nonmember,Ahe:.nonmember,shall not be.:entitled- to any disability
retirement:allowance:
r) 31685.1.' "Nonmember;"=as°used in'this article, means the spouse or former spouse, or
child or other dependent as ordered by the court,• of a member, who`as a result`of•petitioning
,the.court for,the.division of community.,property, has:been•awarded a distinct and separate
k
:,,.acco,unt.reflee.ting.§pecific.ereditpd service.and accumulated contributions.
�, 31685 2 (a) The nonmember who is.awarded_a separate.account shall liave the right to a
refund of the accumulated contributions and'interest credited in the separate account of,the
.3� nonmember.
f•,f'
4b),The nonmember shall file an application.on a form provided by the system to obtain the
refund;
1 ,
�6 (c) The refund shall be effective when the system deposits in the United States mail an
initial warrant.drawn in favor of the nonmember and addressed to the.latest address for the
nonmember on file with the system.
(d) The.nonmember is deemed to have permanently waived all rights in the system and all
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I; j.rights to anyfuture retirement benefits pertaining to the service credit accumulated contribu-
f�; !?' tions; or both, when the refund becomes effective.
{ (e) The nonmember maY nonmemb 'not cancel a refund once it has become effective.
(f) The nonmember shall have no right to elect to redeposit the refunded accumulated
it 1` i contributions from the`nonmember's account'after the refund is effective, and shall have no
right'to redeposit or`to"'purchase service'credit after the refund becomes effective.
AAARInne'n• nhannne inelleatarl htf nndarlinm Anlatinne by 2dPr1QkQ * '
'1993:1994 REGULAR SESSION Ch. 6709• § 2
(g).
If.at the time of the'marriage dissolution or legal separation, the member does not have
the necessary,minimum credited service'to elect deferred'retirement; the nonmember'shall
receive a refund of the accumulated contributions and credited interest placed in-'the
nonmember's;account.. ,
1. . _ . . . .
: :. (h) If the:.nonmember receives a-refund;under -this section,.,the:member may elect to
•:redeposits accumulated contributions and interest:•refunded to the nonmember..and to receive
.credit ifor:the.service time that-had been'forfeited by the nonmember:. The election shall-,be
made ,within.five years of:receipt of*notice' from the,,.;board�'6f=eligibility -to�redeposit the
.contributions. ,The. board shall establish.the manner,of payment:.and,the;.time::p.,eriod within
which ,the :redeposit of, contributions,may,be,made...,,-The interest:rate :established. by-.the N
board. shall be the same as that charged,to members on all other.redeposits.
31685 3, . (a) T' hen'
onmember who"is awarded,a separate account may redeposit accumulat-
ed contributions and;interest,�previouslyt refunded tq.Jbq.,member R,..accordancertwith`.the i
determination of the court required by Section 31685 ,
nonmember may re leposrt only those accumulated;cont butions and-interest,that ;
were previously, refunded to.the member and that. the .court has determined to,;;be;rthe
community property interest of the nonmembers in the accumulated(contributions
{ �S
(c);If;the,nonmember_qects too,redepos}t,,he or she shall repay thesaecumulated contribu-
tions and interest:' , -
(d) An.election:to redeposit shall:be considered an ,election• to repay,,all accumulated
contributaoris`and:.interest previously refunded ahat,the nonmember,is entitled to redeposit.
„ .. .
(e)` The right of the, nonmember to. redeposit is subject to the regulations :of:.the :board.
(f) The member:has, no;.right,tothe;,court=determined nonmember;;;sharE:of:any :previously
,refunded,;accumulated,con.tributions,:and interest,whether:pt not:the- rionmember; elects`:to
"redeposits;until tthe effective.;date,.of,,,an , refund .requested:.by the.;nonmember:.pursuant:ao
Section.31685.2, or the nonmember dies before redeposit is completed. However,
.Ian
redeposit previously,refunded accumulated contributions;and interest,not explicitly.awarded
to the nonmember'by`the judgment or,court order shall be deemed the exclusive property..of
the member. :
(g) Any redeposit by, the` nonmember°shall "be made by lump sum `before retirement.
31685 4 (a),',The nonmember shall have he right'to purchase service:;credit pursuant_to :i
the'determinatibi"of the court required by Section"31685:
(b) The nonmember may purchase only that service credit that the court has determined to ;
be the community property share of the nonmember spouse.
r (c) ,;If rthe ,nonmember. elects,to.,purchase service�,credit;rhe,,or_she shall ;pay.,:-'prior to.
retirement, the contributions and interest pursuant to the regulations of the board.
(d) The nonmember shall have no,right,;to-purchase the service credit after the effective t
date of a refund of the accumulated contributions in the separate account of the nonmember.
a (e) The member has no right to the,;court-determinednonmember share of the service
credit whether or not the nonmember elects to purchase the.service credit until the effective
date, of, any:refund requested by:,;the 'nonmember• pursuant to' SectionP31685.2,-or;'the 9
:, nonmember dies�before`lthe service credit is-purchased: 'However any'seme6 credit"'el
e for purchase that is note licitl awarded.to the nonmember. the judgment or,court order
p T.. Y . Y . J
shall. be deemed the exclusive property of the member.
° 31685.5. A nonmember shall be retired upon his'or'lier written application to the board-if
e all of the following conditions are met:
11 (a) The member or nonmember has attained the`minimum age prescribed by the applicable
service retirement formula of the member.-.
i- (b), O i,.the :date.,of. marriage dissolution..,or;,legal; separ,.ation;lthe,;member;:'had :sufficient
credited service. -retire for service
d , 31685.6. ..Retirement:shall be effective and the retirement allowance shall begin to accrue
as.of:the date .designated.in.the nonmember's application'as'the,effective date of retirement,
° or the da following. date.of court orderlividin the;communi .i ro ert -of the member
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and nonmember,-if later. In no event shall the.retirementehocome'effective`or the retirement
Ch. 6709 :§ 2 STATUTES.OF 1994
allowance begin to..acefue earlier than the first day of the month in which.the nonmember's
i -application is received at;an office of the board or by an employee of thesystem designated
'i bY.:the board.
r' 31685.7. (a) If the nonmember retires before the member retires; "final compensation"
i. means the highest;:average. annual_:compensation.earnable,by the.member during the three
consecutive years, of one..year where.;applicable' prior:to the date ,the.nonmember retires.
The nonmember may designate an:;earlier i period to be used where the .time period of the
nonmember's. marriage to Ahe.member and membership:correspond.. .
(b) If the member has'retired'before the nonmember, the "final compensation" for the
nonmember'-'shall be'..the final compensation used in calculating the.member's retirement.
(c) Upon receipt of an application for retirement by the member, the board shall notify the
nonmember-that'his,or her final compensation will not increase any further and shall identify
-which options,'•are availablet.Wthe.nonmember and the impact-Ahereof: ;
.31685.8. A nonmember entitled to'receive a'retirenient allowance shall rece ive. a retire-
credited r merit,allowance based on:the service retirement formula`applicable to the service4 to
� ,� �' -''the nonmember � -• ,r, f . a - .. : r . . •:: -, -
31685 9 If a member°becomes disabled; the 'combined benefit payments to'both'the
. -mdinberand 'no nmember::`sh`a11`not exceed the amount that'woul'd''otherwise'be paid to the
..; . member alone:
`31685.95. ;(a) Under' rio circumstances shall a` retir`emerit plan be'=required 'to' make
payments'in any manner`that will result in an'increase in the amount'of,benefits provided
under the iplan +
:All�benefits.determined pursuant to Part-5:(commencing with Section•2610) of Division
a b7 of the:•Family::Cod ' `and this article shall be determined on'the basis of the actuarial
teconomic,and idemographic assum tions sand values rescribed 'b -the board'Of.the affected
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f. retirement plan �� >.• {,
`< 31'f85 96 {a) Tl a age fa 'to''applicable to the nonmember shall be based.on the age-of the
'no'n'member at the'time`.of his`or her retirement.
`t
? (b) The board shall adopt age factors as recommended by the actuary.
3i685 96 This article .shall,not be operative in any county.until'the board of supervisors
shall, by`resolutiori`adopted'1iy` make this article applicable in the county.
A majority vote,
' HORSERACINGATELLITE WAGERING-MIXED BREED RACING
G CHAPTER 671
1544
AN ACT to.amend,Section 19008 of, to repeal Sections 19542, 19543,;19544, ,and 19545 of, and to
;1} repeal and add Section.19541..of, the Business:and.Professions.Code;.relating to horseracing.
r;: • . . [Approved by Governor September 19; 1994:1
'
[Filed with-Secretary of State September 20; 1994.] ,
LEGISLATIVE COUNSEL'S DIGEST
,
tf` SB 1544, Maddy. Horseracing: satellite wagering.
Existing law.Provides,-with respect to.various breeds of horses; that in order to encourage
and develop the racing of those horses, whenever the California State'Fair and Exposition or
a district or county. fair.conducts a program of horseraces on which there is parimutuel
a wagering, it may provide A,program of horseracing.of the specific breedon the same days
; that it provides a,program .other.types`of horseracing, if sufficient.horses are available to
provide competition,in one ,or more horseraces. Existing law also provides that these horse