San Bernardino County Employees' Retirement Association

By Laws

Article III. - Membership

  1. Sworn Statement
    Every employee of the County of San Bernardino or District whose employees are made members of the San Bernardino County Employees’ Retirement Association shall, upon entry into said Association, fill out and properly execute a sworn statement showing date of birth, department or District, type of membership, date of appointment to regular position, social security number, and name, relationship and date of birth of beneficiary.

  2. Regular Members
    Employees appointed to a regular (classified or unclassified) position shall become members of the San Bernardino County Employees' Retirement Association effective on the date of their appointment unless excluded from membership by the provisions of this article.  In addition, employees may delay the effective start date of their membership in the Association up to six weeks after appointment, for the purpose of establishing reciprocity with another public retirement system as described in the 1937 Act.

  3. Temporary, Intermittent and Part-time Employees
    Temporary, intermittent and part-time employees are excluded and exempt from membership in the San Bernardino County Employees' Retirement Association.
    1. Temporary Employees shall be construed as being:
      1. Employees appointed to a nonregular position including extra help.
      2. Any employee who is hired by contract for a fixed term.
      3. Employees appointed to a position which is intended to be on less than a year-round basis. 
    2. Intermittent Employees are those whose service for the County of San Bernardino or District is not regular in nature but periodic and recurrent on an on-call basis.
    3. Part-time Employees are those whose service for the County of San Bernardino or District is less than fifty per cent (50%) of the full standard of hours required in County of San Bernardino or District service.

  4. Seasonal Employees
    Seasonal Employees, for the purpose of these By-laws shall mean those whose service for the County of San Bernardino or District is at certain specified periods each year or every second year.  Seasonal employees are excluded and exempted from membership in the San Bernardino County Employees' Retirement Association.

  5. Waiver of Membership
    Pursuant to Government Code Section 31552, each employee who attained the age of 60 prior to employment may waive membership in the San Bernardino County Employees' Retire­ment Association within 90-days following initial appointment to a position that would include the employee in the field of membership of the Association.

  6. Termination of Membership
    A person is no longer a member as defined in Government Code Section 31470 effective with termination of employment with the County of San Bernardino or District except when deferred retirement is requested and is approved by the Board.  When a member terminates employment and is appointed to the same or another regular position in County of San Bernardino or District service in the same or next succeeding payroll period, membership shall be deemed continuous unless accumulated contributions have been refunded.

  7. Type of Membership
    1. "General."  Includes all eligible County of San Bernardino and District employees except those identified as "Safety."

    2. "Safety."  Eligible County of San Bernardino or District employees whose principal duties are described in Government Code sections 31470.2, 31470.4, and 31470.13.

  8. Re-entrance into Retirement System
    The period of time in which a member may redeposit in the retirement fund, through installment payments as provided in Government Code Section 31648, may be over a period of one year or a period of time equal to the length of service the redeposit represents, not to exceed five years.

  9. Retired Member
    Upon retirement, a member of the Association shall be furnished:
    1. Completed copy of Application for Retirement.

    2. Signed copy of Election of Retirement Allowance.

    3. Certification of Retirement authenticated by the Executive Director or representative.  The Certification of Retirement shall indicate the effective date of retirement, the retirement allowance, the total amount contributed by the member at date of retirement, and the total interest credited to the member’s account at date of retirement.  The Certification of Retirement shall serve as an annuity certificate.

    4. Certificate of Retirement authenticated by the Chairman of the Board.

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