Section § 101355

Explanation

This law requires the board to set up retirement benefits for the district's officers and employees, but this is dependent on conditions mentioned in Sections 101356 and 101357.

Subject to Sections 101356 and 101357, the board shall provide for retirement benefits for the officers and employees of the district.

Section § 101356

Explanation

The board of a district has the choice of two retirement benefit plans for its officers and employees. They can either join the retirement system under the 1937 County Employees Retirement Law or the Public Employees’ Retirement Law, or set up a tax-qualified plan under the IRS code. For employees who are part of a labor union, any retirement plan must align with the existing collective bargaining agreement between the union and the district.

(a)CA Public Utilities Code § 101356(a)  At its discretion, the board shall select one of the following plans to provide retirement benefits to officers and employees of the district:
(1)CA Public Utilities Code § 101356(a)(1) By contracting with the retirement system maintained pursuant to the County Employees Retirement Law of 1937 or the Public Employees’ Retirement Law.
(2)CA Public Utilities Code § 101356(a)(2) By adopting a qualified plan and tax-exempt trust pursuant to Sections 401(a) and 501(a) of the Internal Revenue Code of 1954, as amended.
(b)CA Public Utilities Code § 101356(b) The adoption, terms, and conditions of any retirement system covering employees of the district represented by a labor organization shall be pursuant to the collective bargaining agreement between the labor organization and the district.

Section § 101357

Explanation

This law section involves the retirement system for employees. It says that the board is responsible for deciding which officers and employees can join the retirement system. However, these decisions must follow the rules of the retirement plan chosen by the board and respect any agreements with labor unions.

Additionally, it mandates that both the district and the labor union have equal say in how the retirement system is run for employees represented by the union.

(a)CA Public Utilities Code § 101357(a) The board shall determine and classify the officers and employees who shall be eligible to participate in the retirement system. However, any action by the board shall be subject to the terms and regulations of a retirement system or plan selected by the board pursuant to subdivision (a) of Section 101356, and, in the case of employees of the district represented by a labor organization, subject to the collective bargaining agreement between the labor organization and the district.
(b)CA Public Utilities Code § 101357(b) The district and the labor organization representing the district’s employees in a bargaining unit shall be equally represented in the administration of the retirement system.

Section § 101358

Explanation

This law states that members of the board are not part of the retirement system set up by this chapter.

The retirement system provided for by this chapter shall not include the members of the board.

Section § 101359

Explanation

This law allows the board that manages the retirement system for certain district employees to arrange Social Security coverage for them. It also permits the district to take any necessary actions to ensure this coverage is effectively provided.

As to the members of the retirement system provided for by this chapter, the board may provide for their coverage under Title II of the Federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended, and the district may perform all acts necessary or convenient to accomplish such coverage.