SamCERA - Board Regulations

ARTICLE III.
ELECTION OF TRUSTEES

3.1	Regular Elections: Regular Elections shall be held on the second Monday in June of the years in which the terms of elected Trustees expire. The Elections Officer for the County of San Mateo or his or her designee, herein after referred to in this Article as “Elections Officer” shall be responsible for the conduct of the election and shall report directly to the Board in all matters pertaining to the election of trustees.
3.2	List of Eligible Candidates and Nominators and the List of Eligible Voters: The Chief Executive Officer shall provide to the Elections Officer a copy of the Nominating Petition, the "List of Eligible Candidates and Nominators", and the "List of Eligible Voters" and other necessary election materials. The "List of Eligible Candidates and Nominators" shall include those names of members who are eligible to sign Nomination papers and/or run for office as set forth in sections3.4 and 3.5, and shall be provided no later than the Friday prior to the third Monday in April of the election year. The "List of Eligible Voters" shall include those names of members who are eligible to vote in the election as set forth in section 3.13, and shall be provided no later than the Thursday prior to the first day ballots may be mailed to those voters.
3.3	Notice of Election: The Chief Executive Officer shall distribute a Notice of Election on or before the first Monday in April of election years. The Notice shall include, but not be limited to, the Qualification of Candidates, the process for obtaining copies of the Nominating petition and Election Regulations, the Date of the Election, and the name and address of the Elections Officer.
3.4	Qualifications of Candidates: A candidate for Second or Third Trustee shall be a General Member of SamCERA. A candidate for Seventh Trustee shall be a Safety Member of SamCERA. A candidate for Eighth Trustee shall be a Retired Member of SamCERA. A candidate for Eighth Trustee Alternate shall be a Retired Member of SamCERA. To be eligible, a candidate shall be a member of his or her respective group at the close of the pay period immediately preceding the beginning of the Nomination/Declaration of Candidacy period. The Elections Officer shall compare the names of candidates with the "List of Eligible Candidates and Nominators." If the Elections Officer finds that the candidate does not meet the qualifications set forth in this Section and Section 3.5, the Elections Officer shall disqualify the candidate
3.5	Nominating Petitions/Declaration of Candidacy: On and after the third Monday in April, qualified candidates may obtain a Nominating Petition or Declaration of Candidacy, a copy of the Code of Fair Campaign Practices as it appears in the California Elections Code, and a copy of these Election Regulations from the Elections Officer. Candidates for Second, Third and Seventh Trustee shall be nominated by a petition signed by not less than ten SamCERA Members eligible to sign the candidate's petition. SamCERA's General Members are eligible to sign a petition for a candidate for Second or Third Trustee. SamCERA's Safety Members are eligible to sign a petition for a candidate for Seventh Trustee. SamCERA's Retired Members are eligible to nominate themselves as a candidate either for the Eighth Trustee or the Eighth Trustee Alternate by filing a Declaration of Candidacy with the Elections Officer. SamCERA's Retired Members may only nominate themselves to one position. To be eligible to sign petitions, or nomination papers, a member’s name shall be included on the "List of Eligible Candidates and Nominators." No member shall sign more than one Nominating Petition for each election. Signed Nominating Petitions and Declarations of Candidacy must be filed with the Elections Officer no later than 5:00 P.M. of the first Monday in May. Candidates who file Nominating Petitions after the deadline will be disqualified. Prospective candidates shall appear in person to receive candidate papers from and to deliver candidate papers to the Elections Officer. If a prospective candidate is unable to appear in person, they shall designate in writing an agent to receive and/or deliver the candidate’s Nomination Papers or Declaration of Candidacy on their behalf.
3.6	Withdrawal: Candidates may withdraw from the election no later than 5:00 P.M. of the first Monday in May by filing a written statement of withdrawal with the Elections Officer.
3.7	Qualification of Candidates and Nominators: The Elections Officer shall compare the names on Nominating Petitions and Declarations of Candidacy with the "List of Eligible Candidates and Nominators." If the Elections Officer finds that less than the number of qualified signatures specified inSection 3.5 have been submitted, the Elections Officer shall disqualify the candidate.
3.8	Fewer than Two Qualified Candidates: If the Elections Officer determines that there is one qualified candidate, the Elections Officer shall cancel the election and certify the single candidate elected. If there are no qualified candidates, the Elections Officer shall notify the Board who shall reschedule the election. The Chief Executive Officer shall re-notice the Election. Any election that has been re-noticed shall be held in accordance with the provision for Special Elections.
3.9	Candidate Statements. The Elections Officer shall accept, reproduce and include with the ballot, a Candidate Statement listing the name of the candidate and no more than 300 words. Candidate Statements shall be limited to a recitation of the candidate's own personal background and qualifications and shall not make any reference to other candidates or to another candidate's qualifications. Statements that do not meet these requirements shall not be accepted, but may be resubmitted up to the filing deadline. The counting of words will be in accordance with the California Elections Code. If the Elections Officer determines that an acceptable Candidate Statement is not submitted by the deadline, the candidate will not have one included with the ballot. Candidate Statements must be filed with the Elections Officer no later than 5:00 P.M. of the first Monday in May. Statements shall be printed as submitted. No candidate, for any reason, may withdraw or change his or her Candidate’s Statement after this deadline. Statements filed pursuant to this section shall remain confidential until the expiration of the filing deadline.
3.10	Challenges to Statements: No later than 5:00 P.M. on the first Thursday in May following the first Monday in May, a candidate may challenge by writ of mandate or injunction filed with the Superior Court of San Mateo County, which requests that the decision of the Elections Officer to accept or reject a candidate’s statement be reversed and/or that the statement in question is false, misleading, or inconsistent with the requirements of Section 3.9. The peremptory writ of mandate or injunction shall be issued only upon clear and convincing proof and a finding that an order would not substantially interfere with the printing or distribution of official election materials.
3.11	Ballots: The Elections Officer shall certify for inclusion on the ballot the names of qualified candidates who submitted Nominating Petitions containing the number of qualified signatures specified in section 3.5. The Elections Officer shall determine by lot the order in which candidates shall appear on the ballot. There can be elections for multiple trustee positions on a single ballot. There is no provision for write-in candidates. The Elections Officer shall provide for the preparation of a number of ballots sufficient to supply one to each SamCERA Member eligible to vote in each election. The Elections Officer shall provide for the mailing of ballots to the member's home address. Ballots shall be mailed no earlier than the third Friday in May and no later that the fourth Friday in May. Ballots mailed shall include a return envelope bearing prepaid postage. The Elections Officer shall make available a replacement ballot upon request by any eligible member who lost or did not receive his or her ballot. Requests may be made in person, in writing, by e-mail, fax or by telephone. A replacement ballot will not be provided to any one other than the member who requested the replacement ballot. Candidates are specifically prohibited from handling ballots, whether voted or unvoted, sealed or unsealed, other than their own. Voted ballots must be received by the Elections Officer on or before Election Day. Any voted ballot that is U.S. Postmarked on or before Election Day and received by the Elections Officer on or before 5:00 P.M. on the Friday following the Election Day shall also be counted.
3.12	Ballot Designation: There shall be no ballot designations on the ballot.
3.13	Qualification of Voters: The Elections Officer shall confirm the name on the outer ballot envelope with the "List of Eligible Voters." SamCERA's General Members are qualified to elect the Second and Third Trustees. SamCERA's Safety members are qualified to elect the Seventh Trustee. SamCERA's Retired Members are qualified to elect the Eighth Trustee and Eighth Trustee Alternate. To be eligible to vote, a member shall be a part of his or her respective group at the close of the pay period immediately preceding the first day that ballots may be mailed per these bylaws.
3.14	Counting of Ballots: The Elections Officer shall supervise the counting of ballots. A candidate certified as the winner must receive the highest number of votes cast. In the event of a tie vote, the Elections Officer shall determine the winning candidate by lot.
3.15	Voided Ballots: The Elections Officer shall void all of the following ballots: duplicate ballot cast; all ballots which bear the signature or initials of the voter on the ballot itself; ballots which do not bear the signature of the voter on the outside of the envelope or where it is not possible to determine who submitted the ballot; envelopes containing more than one ballot; and ballots where the Elections Officer cannot determine the voter’s intent. Any names written in on a ballot, other than the name of a qualified candidate, will not be counted or reported in the Certification of the Election Results.
3.15.5	Alternate Safety Member: If there are two or more safety member candidates for the seventh member position, the candidate receiving the highest number of votes shall be elected to the seventh member position. The safety member candidate who is of a different safety membership group and who received the next highest number of votes, shall be elected to the Alternate Safety Member per Government Code §31520.1. If there is no eligible candidate who is of a different safety membership group there will not be an Alternative Safety Member.
3.16	Certification of Election Results: The Elections Officer shall canvass and certify the results of the election no later than the Friday following the election.
3.17	Receipt & Safekeeping of Ballots Cast: The Elections Officer shall accept and provide for the safekeeping of all ballots cast. Ballots must be retained for 180 days after Election Day, and, in the absence of litigation, may be discarded thereafter.
3.18	Recount: Upon written application to the Elections Officer, and within five (5) calendar days of the Elections Officer's Certification of Election Results, any candidate may order a recount of all votes cast. Prior to a recount, the candidate requesting a recount must agree to pay for the actual cost of the recount. The Elections Officer shall determine an estimated cost for a recount and the candidate requesting the recount must deposit with the Elections Officer payment for the estimated cost. The candidate will be under no obligation to pay for the recount if the recount shows a change in the outcome of the election. The recount shall be conducted in the same manner as the original count.
3.19	Contests: Election results may be contested by a candidate upon filing a verified petition with the Superior Court of the County of San Mateo within 15 calendar days of the issuance of the Certified Election Results by the Elections Officer. Candidates may contest the election on the following grounds: a) that the person who has been declared elected to an office was not, at the time of the election, eligible for that office; b) that the candidate or his or her agent has given to a member a bribe or reward or offered any bribe or reward for the purpose of procuring his or her election; c) that a sufficient number of votes were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted, the person having been declared elected would not have received more votes than the contestant; and/or d) that the Elections Officer in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been elected. The acceptance or rejection of a candidate's statement of qualifications by the Elections Officer shall not constitute grounds for a new election. A hearing on the contest shall be set by the Court. The Court’s decision shall be based upon clear and convincing proof of the allegations. If the Board orders a new election based upon the Court’s decision, it shall be held in accordance with the provisions for Special Elections.
3.20	Oath of Office: Newly elected Trustees shall be sworn-in during the Board's first meeting in July.
3.21	Special Elections: The Chief Executive Officer shall advise the Board when a vacancy occurs and shall recommend a date for a Special Election to fill the vacancy. If the vacancy occurs within nine months of the end of the term of the seat that has been vacated, there shall be no Special Election. If the vacancy occurs more than nine months prior to the end of the term, the Board shall call a Special Election, which shall be held not less than 60 nor more than 120 days from the effective date of the vacancy. Special Elections shall be conducted in conformance with the provisions of this Article for Regular Elections, except that the schedule shall be adjusted by the Elections Officer to comply with the date of the Special Election set by the Board.
3.22	Reimbursement for Services: The SamCERA Board of Retirement will reimburse the Elections Officer for the election services provided.
3.23	Public Information: During the ninety days preceding Election Day, no newsletter or other one-time publication intended for the use of SamCERA's members will be distributed by SamCERA which includes the name of any incumbent candidate for an election conducted pursuant to these regulations. This moratorium shall not apply to standard publications such as member booklets, annual reports and other documents of a similar nature.

ARTICLE IV.
MEMBERSHIP DUTIES & RIGHTS

4.1	Membership: An individual entering full or permanent part time employment with the County of San Mateo or the Mosquito Abatement District prior to July 1, 1996, shall become a member of SamCERA on the first day of the first pay period commencing after the date of employment. An individual entering such employment on or after July 1, 1996, shall become a member of SamCERA on the first day of employment. Members may delay the effective start date of their membership with SamCERA up to six weeks after the date of employment, for the purpose of establishing reciprocity with another public retirement system as described in the 1937 Act..
4.2	Exclusions: All employees whose service falls in the following categories shall be excluded from membership in SamCERA: extra help, members of appointed Boards and Commissions, and Judges of the Superior Court.
4.3	Entering Service Application: Upon entering service, the member shall immediately execute and file statement in the manner and form prescribed by the Chief Executive Officer.
4.4	Terminating Employment: A member terminating employment shall file either a completed application for retirement, or a completed form directing disposition of retirement contributions, in the manner and form prescribed by the Chief Executive Officer.
4.5	Required Documents for Retirement: Prior to the effective date of retirement, in addition to the fully executed and completed application for retirement, each member shall provide to the retirement system the following documents: (a) Proof of birth of the member and any named beneficiary must be filed in one of the following manners:(i)original birth certificate,(ii) certified copy of a birth certificate or (iii)original passport. (b) Fully executed option agreement in the manner and form prescribed by the Chief Executive Officer. (c) Documentation setting forth arrangement for the auto deposit of benefit payments. The Board may approve payment by check in cases where the Board's paying agent is unable to provide payment by auto deposit and in cases where the member has specifically requested payment by check. (d) For those members of SamCERA who were married for all or a portion of their SamCERA service time and subsequently divorced, copies of Court dissolution orders setting forth the division of the SamCERA service time between the member and the non-member must be submitted. If applicable, a fully executed waiver by the non-member of community share of SamCERA covered service in the manner and form approved by the Chief Executive Officer can be submitted.
4.6	Approval of Service Retirement: All applications for service retirement shall be subject to review and approval by the Board. The Chief Executive Officer shall place such applications on the Consent Calendar for the Board's ratification of staff's actions.
4.7	Effective Date of Retirement: The effective date of retirement shall be the later of the day following the member’s last day on the County payroll or the day the member filed the retirement application with the Administrator.
4.8	Service Credit: For members in Plan 1, Plan 2 or Plan 4 credit shall be given for all County service rendered for compensation for which contributions are made by or for the member. For members in Plan 3 credit shall be given for all County service rendered for compensation after the effective date of employment.
4.9	Prior Service Credit: Credit shall be given for all County service rendered for compensation prior to July 1, 1944.
4.10	Computation of Service Credit: Service credit shall be calculated as follows: 2,080 hours of service shall equal one year of service credit.
4.11	Suspension of Benefits: If the Chief Executive Officer is made aware of circumstances in which, in the opinion of the Chief Executive Officer, the member may not be receiving his or her benefit, the Chief Executive Officer may temporarily suspend the benefit payments in order to determine whether the benefit payment should be directed in a different manner.

ARTICLE V.
DISABILITY RETIREMENT

5.1	Application Process: The application process for service connected and non-service connected disabilities shall be as follows: (a) Either the County or the member can apply for a disability retirement for the member by filing a completed application for disability retirement form provided by the Chief Executive Officer. (b) The applicant for disability retirement shall provide the Chief Executive Officer with a signed medical information release form and all available medical reports diagnosing the applicant's condition. (c) If at any point in the process the Chief Executive Officer determines that additional information is necessary, the Chief Executive Officer may ask the applicant or the County to submit the additional information. (d) The Chief Executive Officer is authorized and directed to secure such medical, investigatory and other service and advice in connection with applications for disability retirement as the Board may require in order to make its decision. (e) When the applicant has submitted all requested information, the Chief Executive Officer shall forward the complete record to the Board's medical consultant for his or her evaluation of the applicant's condition. (f) When the medical consultant's evaluation is completed and filed with the Chief Executive Officer, the Chief Executive Officer shall set the application for the Board's consideration.
5.2	Death of Member prior to Completion of Application: When a member who has not filed an application or completed the application process for either service or disability retirement dies while employed by the County, the Chief Executive Officer shall file an application and or complete the application process on behalf of the member, if requested to do so by the deceased member’s eligible spouse, eligible children, or other named beneficiary, in order to establish eligibility for the Optional Settlement 2 provided by GC§31762. The Chief Executive Officer shall present such application for service or disability retirement to the Board for approval.
5.3	Submission of Application to the Board: All applications for service retirement shall be subject to review and consideration of approval by the Board. The Board consideration process shall be as follows: (a) Notification of Hearing: The applicant shall be notified in writing when the application will be submitted to the Board for its consideration. The notice shall advise the applicant that the applicant has a choice of an informal or a formal hearing as set forth below. The notice shall further provide the staff’s recommended action to Board. (b) Hearing is Limited to the Disability Set Forth in the Application: Both the informal and formal hearing shall be limited to the disability described in the application for disability retirement. If the applicant wishes to introduce additional disabling conditions, then the matter shall be remanded back to the Chief Executive Officer for the filing of an amended application for disability retirement. (c) Informal Hearing: With the consent of the applicant, the initial hearing before the Board on an application for disability retirement may be informal in nature. While the applicant is encouraged to appear before the Board, the appearance is not mandatory. The matter will be placed on the Board’s consent agenda with recommended action by staff. Any member of the Board can request that the matter by taken off of the consent agenda and to be discussed and considered during the meeting of the Board. The applicant and the County shall be notified in writing of the Board's action on the application. (d) Appeal of the decision of the Board based on an informal hearing: If the applicant or County is dissatisfied with the Board's action, the applicant or County may request a formal hearing. The request for formal hearing must be made in writing, and filed with the Chief Executive Officer, if by the member, within 60 days of the date of the Board's action; if by the County, within 30 days of the date of the Board's action. If no request for a formal hearing is filed within the applicable period, the Board's action shall be deemed final and binding. (e) Formal Hearing Process: Upon the filing of a written request for a hearing, the matter shall be referred to County Counsel who will contact the applicant regarding the selection of the hearing officer. The hearing officer shall schedule the time and place of the hearing with the consent of the parties. The hearing shall be recorded by a qualified court reporter. The hearing officer shall prepare, and submit a proposed finding of fact and recommended decision based upon the evidence considered. The hearing officer’s decision shall be placed on the Board’s agenda as soon as administratively possible. The applicant and the County shall be notified of the time and place of the meeting. The Board may accept, amend or reject the recommended decision of the hearing officer. The applicant and the County shall be notified in writing of the Board's action. (f) Appeal of the action of the Board following the formal hearing: If the applicant or the County is dissatisfied with the Board's action relating to the hearing officer’s recommended decision, the applicant may obtain judicial review by filing a petition for a writ of mandate in accordance with the Code of Civil Procedure within 90 days of the date of the written notice of the Board's action. If a petition for writ of mandate is not timely filed, the Board's action shall be deemed final and binding.
5.4	Effective Date: If the Board approves the application for disability retirement, the effective date of retirement shall be the later of the day following the member’s last day on the County payroll or the day the member filed the retirement application with the Chief Executive Officer.
5.5	Required Documents for Disbursement of Disability Payment: The first disability retirement benefit payment shall not be disbursed until the member has filed the required documents set forth in Article IV Section 5.
5.6	Grounds Termination of an Application for Disability Retirement: An application for disability retirement may be terminated and considered null and void by the Board one year after the date of its filing for one or more of the following reasons: (a) Failure of the applicant to submit to a medical examination at the request of the Board pursuant; or (b) Any failure to cooperate by the applicant or any other act or omission by the applicant or applicant's representative which prevents the Board from hearing and adjudicating the application for disability retirement within one year of its filing.
5.7	Process to Terminate an Application for Disability Retirement: Before the Board determines whether to void and null a disability application, the applicant shall be given at least 15 days written notice of the proposed action and the date and time of the Board meeting. The applicant shall be granted the opportunity to appear and address the Board regarding the proposed action. The Board may exercise broad discretion in extending the time for the processing of the application. Nothing in this section shall prohibit an applicant from filing a new application, if applicant is eligible to do so.
5.8	Cancellation of Disability benefits After Medical Examination: If the Board requires beneficiary under 55 to undergo a medical examination and on the basis of such examination determines that it should review whether the disability retiree is still physically or mentally incapacitated for service in the position held when retired for disability, the matter will be placed on the Board’s agenda for hearing. The applicant will be given written notice of the hearing and be advised that if the Board decides that he or she is no longer incapacitated, and if the County or district reinstates the retiree, the disability retirement allowance will be canceled. The notice shall also advise the recipient of his or her right to be represented by counsel, to present evidence in his or her own behalf and to cross-examine any witness produced in support of canceling the disability retirement allowance. If the beneficiary is dissatisfied with the Board's action, the beneficiary may obtain judicial review by filing a petition for a writ of mandate in accordance with the Code of Civil Procedure within 90 days of the date of the written notice of the Board's action. If a petition for writ of mandate is not timely filed, the Board's action shall be deemed final and binding.
5.9	Modified Work Program Pending Determination of Disability: If the Board has not made a determination of eligibility for a disability benefit prior to a member’s entry into a Modified Work position designed by the County to accommodate the member’s work restrictions, then at the time of the member’s retirement, the Board’s determination of eligibility for a disability benefit shall be based upon the normal and customary duties of the member’s position prior to entering the Modified Work position, unless the member requests that the Board base its decision on the duties of a subsequent position held by the member.
5.10	Modified Work Program - Request For Retirement: If the Board has authorized modified work benefits, then upon the member’s subsequent request to retire, the Chief Executive Officer may retire the member with a disability benefit and record the member’s name on the Consent Calendar for Board ratification. However, if the Chief Executive Officer has reason to believe that the member’s condition has improved to the point where the member may be capable of performing the normal and customary duties of the position from which the member was previously disabled, then the Chief Executive Officer shall submit the matter to the Board for its independent review and determination.

ARTICLE VI.
PURCHASE OF CREDIT FOR PUBLIC SERVICE

6.1	Extra Help Time/ Leave Without Pay: An active eligible member may purchase service credit for the following time: (a) extra help hours worked before becoming a member or (b) leave of absence without pay for employee's own illness or disability, not to exceed credit for twelve consecutive months.
6.2	Members who Entered County Employment Prior to January 1, 1970: Any member who is a County employee and was a member prior to January 1,1970 may purchase credit for Public Service performed for military or federal, state, and other public agencies credited in California that do not qualify for reciprocity. Eligibility is also extended to deferred members hired before January 1, 1970 and retired members hired before January 1, 1970 who retired following the granting of a deferred retirement. Such public service may be purchased pursuant to the terms of GC§§31641.1 & 31641.2.
6.3	Employment Through CETA: Any active member (1) who served in an agency of the County or Mosquito Abatement District while compensated pursuant to the provisions of the Comprehensive Employment Training Act and (2) who subsequently became a permanent employee of the County or District, is eligible to purchase credit for the Public Service performed for the County or District while a CETA participant. Applications for the purchase of such public service must include a detailed accounting of the period of service and compensation therefore with documentation acceptable to the Chief Executive Officer. Such public service may be purchased pursuant to the terms of GC§31641.5.
6.4	Prior Military Service: Eligible active members can purchase prior military service in accordance with the provisions of GC§31641.97. (a) Notice: Eligible persons will have given written notice when they file with the Retirement Office a signed Purchase of Military Service Credit Application form as prescribed by the Chief Executive Officer. (b) Certification: The Application must include verification of military service (DD214 or its equivalent) and an affidavit that the applicant is not eligible to receive credit for this service under any other retirement plan. (c) Calculation of Cost to the Member: GC§31641.97 requires that the full cost, including interest, of the employee and county liability for the additional credit under this section shall be determined by the board of retirement on actuarial advice, and shall be the actuarial equivalent of the difference between the retirement benefits the person will receive with and without the credit for military service. (d) Actuarial Assumptions: The actuarial factors used shall be those used for the actuarial valuation of the Retirement Fund at the time of the calculation, except that the member shall select the age of retirement. (e) Method Used to Determine the Cost: The cost shall be the Actuarial Equivalent of the Difference between the benefit the member will receive with and without the credit for military service. (f) Lump Sum Purchase: Eligible persons may purchase credit for their Military service at any time prior to the effective date of their retirement by lump-sum payment of an amount equal to the full cost, including interest, of the employee and county liability for the additional credit, as determined by the Chief Executive Officer within 180 days prior to receipt of the lump-sum payment. (g) Installment Purchase: Eligible persons may purchase credit for their military service at any time prior to the effective date of their retirement by authorizing biweekly payroll deductions over a period not to exceed five years in equal payments which will accumulate the full cost, including interest, of the employee and county liability for the additional credit, as determined by the Chief Executive Officer within 180 days prior to commencement of the deductions. (h) Purchase of Partial Credit: Eligible persons may purchase less than the full credit for which they are eligible, so long as the payment, or payments, accumulate the full cost, including interest, of the employee and county liability for the additional credit, as determined by the Chief Executive Officer. Additional credit may be purchased at any time prior to the effective date of retirement, so long as the payment or payments are based on the full cost as determined by the Chief Executive Officer within 180 days prior to receipt of the lump-sum payment or commencement of biweekly payroll deductions. (i) Safe keeping of Members' Assets & Crediting of Interest: All funds deposited into the Retirement Fund pursuant to this regulation shall be recorded in individual Military Service Credit Reserve accounts established in the name of the member. Funds on deposit shall be credited on the same terms and at the same rate of interest as the County's accounts in the Retirement Fund, regardless of the subsequent status of the member. On the effective date of retirement, all principal and interest in the Reserve will be transferred to the member's regular account in the Retirement Fund. (j) Calculation of Benefit Payable at Time of Retirement: When the member files an application for retirement, the Chief Executive Officer shall recalculate the Military Service Benefit and Member Service Credit Reserve as set forth in Step 2 and Step 3 of subsection (e), using the information then available and the assumptions in effect at the time of recalculation. (k) Surplus: If the calculations performed pursuant to subsection (j) indicate that the principal and interest in the Military Service Credit Reserve exceeds the amount required, the surplus balance will be refunded to the member, subject to applicable tax laws (l) Deficiency: If the calculations performed pursuant to subsection (j) indicate that the principal and interest in the Military Service Credit Reserve is not sufficient to fund the full Military Service Benefit, the Chief Executive Officer shall allow the member to make one of the following two elections: (1) Lump Sum Purchase: The member may immediately purchase the unfunded military service credit and receive the full Military Service Benefit; or (2) Pro Rata Credit: The member may elect to not purchase the unfunded military service credit and receive a reduced Military Service Benefit. (m) Payment of Military Service Benefit: On the effective date of retirement, the years-of-military-service for which payment-in-full has been received shall be added to the member's years-of-County-service in the computation of the retirement allowance and will, thereafter, be an integral part of the base allowance for the purpose of calculating cost-of-living increases and survivor benefits. (n) Disability: The member may elect either (1) a refund of all principal and interest in the account maintained pursuant to subsection (i), or (2) an annuity based upon the years-of-military-service for which payment-in-full has been received. If the member elects an annuity, all principal and interest in the account on the effective date of the Disability Retirement shall be converted to an annuity which will be based on the Board's Actuarial Assumptions, including Disability Retirement Life Expectancy Factors, in effect at that time. Subject to applicable tax laws, the annuity shall be payable for life in equal monthly installments, plus annual cost-of-living adjustments equal to those granted to retirees in the member's Plan. An eligible surviving spouse shall receive the applicable survivor allowance. The Chief Executive Officer shall determine the amount of the annuity on the effective date of the Disability Retirement. (o) Death Before Retirement: If the member was not eligible to retire, all principal and interest in the account maintained pursuant to subsection (i) will go the member's beneficiary. If the member was eligible to retire, the surviving eligible spouse may elect to receive (1) a refund of all principal and interest in the account maintained pursuant to subsection (i), or (2) a monthly allowance which includes military service credit based on the provisions of subsections (j) and (l). The surviving eligible spouse may elect to receive any surplus, make a lump-sum payment for any deficiency, or accept pro-rata credit, as provided for in subsection (j). (p) Death After Retirement With a Surviving Spouse: The Military Service Credit Reserve has been merged with the member's regular account. Therefore, the surviving eligible spouse will receive a monthly allowance based on the same survivor option formula elected by the member at the time of retirement. (q) Death After Retirement Without a Surviving Spouse: The Military Service Credit Reserve has been merged with the members' regular account and, therefore, the balance, if any, goes to the beneficiary. (r) Termination of Employment: Upon termination of employment, a member may elect to withdraw the funds; or, if eligible, may elect a deferred retirement, in which case the funds will remain on deposit and will continue to be subject to the provisions of subsection (i) until the effective date of retirement. (s) Election to Discontinue Installment Purchase Plan: The decision to purchase military service credit is irrevocable. However, unless otherwise prohibited by law, any member may discontinue the installment purchase plan at any time. All funds on deposit will continue to be subject to the provisions of subsection (i). Unless otherwise prohibited by law, the member may elect to reinstate the purchase plan at any time prior to the effective date of retirement, but shall be subject to recomputation of the balance due as calculated pursuant to subsections (c)(f)(g)(h). At the time of retirement, the member will receive proportional military service credit, as provided for in subsection (j) and (m). (t) Dissolution of Marriage: If the final decree does not specifically identify the member's Military Service Credit Reserve, the Chief Executive Officer shall administer the assets in the account in the same manner as stipulated in the final decree for the disposition of the member's retirement benefits.

1.1	Election Of Chair: At the first regular meeting in July, the Board of Retirement shall elect one of its members chair for a term of one year or until his or her successor is duly elected and qualified. The Chair shall preside at all meetings of the Board, shall appoint all committees and shall perform all duties incidental to that office.
1.2	Election Of Vice Chair: At the first regular meeting in July, the Board of Retirement shall elect one of its members vice chair for a term of one year or until his or her successor is duly elected and qualified. In the Chair's absence or inability to act, the Vice Chair shall take the place and perform the duties of that office.
1.3	Election Of Secretary: At the first regular meeting in July, the Board of Retirement shall elect one of its members secretary for a term of one year or until his or her successor is duly elected and qualified. The Secretary shall attest to Resolutions and other such documents for the Board. In the Chair's and Vice Chair's absence or inability to act, the Secretary shall take the place and perform the duties of the Chair.
1.4	Filling Of Vacancy In Office: In the event of a vacancy in the office of chair, vice chair or secretary, the Board of Retirement shall, at its next regular meeting, elect one of its members to fill such vacancy for the remainder of the term.
1.5	Administrator’s/Chief Executive Officer’s Authority: The Board shall adopt, and may amend from time to time, a formal Delegation of Authority which sets forth the specific powers and duties assigned to the Administrator who shall have the title of Chief Executive Officer. The Chief Executive Officer shall adhere to the terms and conditions of the Delegation of Authority in all matters.

2.1	Public Meetings: All business of the Board shall be conducted in conformance with the requirements of California's public meeting law, known as the Ralph M. Brown Act, commencing at GC§54950.
2.2	Quorum: Five trustees of the Board constitute a quorum.
2.3	Motions: Motions approved by affirmative votes of less than five trustees shall have no force and effect. The Chair should vote on all motions.
2.4	Regular Meetings: Regular meetings of the Board shall be held on the Fourth Tuesday of each month. Meetings shall begin at 1:00 p.m. Meetings shall be held in SamCERA’s offices. The Board may cancel and or approve a change in the date, time and/or location of meetings within the County, if the proposed change is included on the agenda of a regular meeting.
2.5	Special Meetings: Special meetings of the Board of Retirement may be called in the manner provided by Section 54956 of the Government Code.
2.6	Order Business: The Board shall conduct its business in accordance with the provisions of the Government Code and these regulations.
2.7	Preparation of Agenda: The Chief Executive Officer shall be responsible for the preparation of the Board’s agenda, which shall be approved by the chair prior to publication.
2.8	Communications to the Board: Whenever possible, communications and requests to the Board should be made in writing. Oral communications and requests will be accepted during Board meetings. The substance of such requests and the actions of the Board thereon shall be recorded in the minutes.
2.9	Meeting Minutes: The minutes of the Board’s meetings shall reflect the time and place of each meeting of the Board, the names of trustees present, all official acts of the Board, the votes cast by trustees when by roll call vote, a trustee's dissent or approval and reasons when requested. The minutes will be presented for approval at the next regular meeting. When called upon by the Chair, the Chief Executive Officer shall take a formal roll call vote in alphabetical order, with the Chair voting last. The minutes as approved, signed by the Chair, shall form part of the permanent records of the Board.

TABLE OF CONTENTS
ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV. ARTICLE V. ARTICLE VI. ARTICLE VII. ARTICLE VII.	BOARD OFFICERS AND CHIEF EXECUTIVE OFFICER MEETINGS ELECTION OF TRUSTEES MEMBERSHIP DUTIES & RIGHTS DISABILITY RETIREMENT PURCHASE OF CREDIT FOR PUBLIC SERVICE CERTIFICATES AMENDMENTS

Regulations of the Board of Retirement