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70 California Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagca0070 and id is 1 raw text is: Opinion No. 86-707-January 8, 1987 SUBJECT: FUNDING FOR INCREASED BENEFITS FOR RETIREES-In- creased benefits for retirees provided for in section 31681.52 of the Government Code may be funded from the Supplemental Retiree Benefits Reserve established pursuant to section 31618 of the Govern- ment Code. Requested by: COUNTY COUNSEL, ALAMEDA COUNTY Opinion by: JOHN K. VAN DE KAMP, Attorney General Clayton P. Roche, Deputy The Honorable Richard J. Moore, County Counsel, Alameda County, has requested an opinion on the following question: May the increased benefits for retirees provided for in section 31681.52 of the Government Code, a provision of the County Employees Retirement Law of 1937, be funded from the Supplemental Retiree Benefits Reserve established pursuant to section 31618 of the Government Code? CONCLUSION The increased benefits for retirees provided for in section 31681.52 of the Government Code may be funded from the Supplemental Retiree Benefits Reserve established pursuant to section 31618 of the Government Code. ANALYSIS Alameda County is one of 20 counties which have adopted the County Employees Retirement Law of 1937, Government Code section 31450 et seq.1 Under that law these 20 counties operate and fund independent retirement systems for employees in each county. In this request for our opinion we are asked whether a particular supplemental benefit for individuals who retired on or prior to June 30, 1971, and which may be provided to them at the option of the board of supervisors pursuant to section 31681.52, may be funded from the Supplemental Retiree Benefits Reserve, a fund established pursuant to section 31618. Section 31618.52 provides a permanent increase in retirement benefits of between 2% and 10% in increments of 2% to retirees, dependent upon the year in which they retired. For retirees who retired on or prior to June 30, 1967, the increased benefit is 10%. For those who retired during the 12 months ending June 30, 1971 the increase benefit is only 2%. In resolving this question we will examine the manner in which retirement benefits under the 1937 Act, both regular and supplemental, are financed both in counties which have adopted and which have not adopted the alternative financial provisions of sections 31610 through 31619 of the Government Code, which were added in 1983 as article 5.5 of the 1937 Act. Counties which have not adopted these 1 All section references are to the Government Code unless otherwise indicated.