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HomeEducation CodeCh. 2Art. 4§ 1313 County Employee Retirement Transfer

§ 1313 County Employee Retirement Transfer

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1313 County Employee Retirement Transfer

When a county worker’s job status changes, they can choose to join the state Public Employees’ Retirement System (PERS) or stay in the county’s own retirement plan, but they must decide before the change takes effect and can’t change their mind later.

Key Takeaways

  • •A status‑change employee can become eligible for PERS or stay in the county retirement system.
  • •The choice must be made no later than the day before the status change, with at least a 30‑day window to decide.
  • •Once the employee picks a system, the decision cannot be undone.

Example

Jane works for the county and is in the county’s retirement fund. She gets moved to a new position that changes her employment status.

Jane must decide, at least 30 days before her new job starts, whether to switch into PERS or stay in the county plan. If she picks PERS, the county will start sending money to PERS for her. If she stays in the county plan, the county keeps sending money to its own fund, and she can’t later switch back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1313 County Employee Retirement Transfer

Each county employee whose status is changed by this article, and who is in employment and a member of a county retirement system other than one provided by contract with the Public Employees’ Retirement System on the date of the change, shall become eligible for membership in the Public Employees’ Retirement System in accordance with the Public Employees’ Retirement Law with respect to his or her employment thereafter, and shall be subject to the reciprocal benefits provided by those systems. However, the employee may elect to continue in membership of the county retirement system with respect to his or her employment thereafter, in which event the same appropriations and transfers of funds shall be made to the retirement fund of the county system for the employee as those required of the county under the county retirement law, and these amounts shall be legal charges against the county school service fund. The election authorized by this section shall be made no later than the date preceding the date upon which his or her status is changed in accordance with procedures to be established by the county board of supervisors, which shall allow at least 30 days to make the election. The election once made shall not be rescinded. An employee who does not elect to continue membership in the county system shall be deemed to have discontinued county employment for purposes of the county system at the close of the day preceding the date upon which his or her status changes. (Amended by Stats. 2016, Ch. 86, Sec. 53. (SB 1171) Effective January 1, 2017.)

Last verified: January 10, 2026

Key Terms

county employeestatus is changedcounty retirement systemPublic Employees’ Retirement Systemreciprocal benefitselectioncounty school service fund

Related Statutes

  • § 1311 County School Employee Hiring Rules
  • § 1312 County School Employee Transfer
  • § 1314 Employee Benefit Retention Rights
  • § 1315 County Employee Benefits Matching
  • § 1316 Employee Salary Transfer Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 1313.
View Official Source