Internal Revenue Code County Compliance and Replacement Benefits Program
Cal. GOV § 31899.8
California Statutes
It is the sole intent of the Legislature, in enacting this chapter, to fully comply with the provisions of the Internal Revenue Code that apply to public retirement systems in order to maintain and ensure the federal income tax exempt status of the county employees’ retirement systems, to elect the “grandfather” option in
Section 415(b)(10) of the Internal Revenue Code, and to require that each county and district provide benefits that replace the benefits that are limited by
Section of the Internal Revenue Code for affected members of the county employees’ retirement systems. The Legislature finds and declares that all costs of local public agencies and local public retirement systems of complying with
Section of the Internal Revenue Code are a federal mandate within the meaning of
Section of
Article XIII B of the California Constitution and
Part 7 (commencing with
Section 17500) of Division of Title 2, as construed in City of Sacramento v. State of California (50 Cal. 3d 51). It is the intent of the Legislature that this
chapter not be construed to impose upon local public agencies that are maintaining county retirement systems pursuant to
Chapter 3 (commencing with
Section 31450) of this part, state-reimbursable, state-mandated local program benefit costs within the meaning of
Section of
Article XIII B of the California Constitution and
Part 7 (commencing with
Section 17500) of Division of Title 2. If either the Commission on State Mandates or a court determines that this
chapter imposes upon any local agency, state-mandated local program benefit costs, notwithstanding any other provision of law, no reimbursement therefor shall be made from the State Mandates Claims Fund pursuant to