ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE ADDING SECTIONS 2.71.220 AND 2.71.230 TO TITLE 2, CHAPTER 2.71 OF THE SAN MATEO COUNTY ORDINANCE CODE AUTHORIZING THE WAIVER OF SALARY AND OTHER COMPENSATION BY MEMBERS OF THE BOARD OF SUPERVISORS WHO ARE RECEIVING RETIREMENT PENSION BENEFIT PAYMENTS FROM THE SAN MATEO COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Sections 2.71.220 and 2.71.230 are hereby added to Title 2, Chapter 2.71 of the San Mateo County Ordinance Code and shall read as follows:

2.71.220 Waiver of salary and employment benefits by members of the Board of Supervisors who are receiving retirement pension benefit payments

Any member of the Board of Supervisors who is receiving monthly retirement pension benefit payments from the San Mateo County Employees’ Retirement Association (“SamCERA”) may waive all or any portion of his or her salary and all or any portion of the employment benefits at any time during his or her term of office under the conditions set forth in section 2.71.230.

2.71.230 Conditions of waiver

(a)

Any waiver of salary or employment benefits by a member of the Board of Supervisors must be submitted on a form supplied by the Controller or his or her designee, which form shall indicate that the waiver:

(1)

is voluntary;

(2)

is irrevocable for the period of the waiver, which period shall be for a minimum of three (3) months, and a maximum of one (1) year;

(3)

is permanent as to any right to receive the waived salary amounts or employment benefits any time in the future, even after the time period covered by the waiver.

(b)

The completed waiver form shall be received by the Controller at least five (5) days prior to the commencement of the pay period in which the salary or benefits that are to be waived are earned. The waiver form shall be executed by the member of the Board. Such waivers may not place conditions upon the County’s use of the waived salary or benefit. Any such amounts waived shall remain in the County’s General Fund and may be used for any General Fund purpose.

(c)

The Controller is authorized to honor the signed and completed waivers from such Board members and adjust the salary reflected in the payroll accordingly.

(d)

Nothing in Section 2.71.220 or 2.71.230 is intended to establish any claim by any Board member to the waived salary amounts or employment benefits in the future or to establish any legally binding right to the waived amounts or benefits in any future taxable year in the form of compensation or any other benefit.

SECTION 2. This Ordinance shall be effective thirty (30) days from the passage date thereof.

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