RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION IMPLEMENTING GOVERNMENT CODE
SECTION 31641.04 IN SAN MATEO COUNTY

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Section 31641.04, as amended, was added to the Government Code as part of the County Employees' Retirement Law of 1937 in 1986, and

WHEREAS, the Board of Supervisors has, by ordinance, approved the application of Government Code Section 31641.04 to this County; and

WHEREAS, said section permits members of the County Employees' Retirement System to receive two additional years toward retirement if they retire under certain conditions; and

WHEREAS, changes in the manner of performing services in the San Mateo Health Center makes it desirable to eliminate this single position classification and reduce staff in that classification by retirement instead of layoff; and

WHEREAS, this Board finds that such retirement would result in a savings to the County;

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:

1.

The classification of Chief Operating Officer in the San Mateo Health Center shall receive the benefits of Government Code Section 31641.04.

2.

The option to accept additional service credit toward retirement is not available to former employees in deferred retirement status, or to former employees who have retired and are re-employed by the County under Government Code Sections 31680 through 31680.3.

3.

The decision to accept additional service credit toward retirement must be made no later than January 31, 2003. Any retirement pursuant to this resolution shall occur between October 29, 2002 and April 25, 2003. The amount of service credit shall be two years.

4.

Except as provided in Government Code Sections 31680 through 31680.3, the benefits to the employee under Government Code Section 30641.04 shall be forfeited if the person accepting the benefits thereof reenters the service of the county.

5.

The Controller is hereby authorized to transmit to the retirement fund for each eligible employee accepting additional service credit toward retirement an amount determined by the Board of Retirement to be equal to the actuarial equivalent of the difference between the allowance the employee will receive after the receipt of service credit under Government Code Section 31641.04 and the amount he or she would have received without such service credit. The transfer to the retirement fund shall be made in a manner and at time periods acceptable to the County and the Board of Retirement.

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