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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111445
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a few questions about the interpretation of language

Customer Question

Hi.I have a few questions about the interpretation of language regarding registered nurses in an appendix to the San Francisco City Charter. The section in question is Appendix A and it follows:A8.5064 PER DIEM NURSES ON JANUARY 1, 1988.Registered nurses, hired and compensated by the department of health on a per diem basis, shall not be members of the retirement system or subject to the provisions of the retirement system by reason of such employment.Members of the retirement system on the effective date of this section shall have the option to be exercised in writing on a form to be fumished by the retfrement board and to be filed at the office of the retirement system not later than March 31, 1988, to exclude compensation for per diem nursing as compensation for all retirement system purposes.The provisions of this section shall be prospective only, shall be effective January I, 1988 and shall not give any person a claim for refund pension contributions prior to January I, 1988.FYI: There are three types of San Francisco nurse (i.e., class 2320 who work regular/fixed hours, per diem nurses who work hours only when needed, and Rule 29 who work both regular and per diem hours) These are my questions:1) Can you tell me if the appendix language refers to all three types, or one particular type of nurse classification?2) Does the above language refer to only the nurses that were hired through 1/1/88, only nurses hired after 1/1/88, or to nurses hired before and after 1/1/88?3) Can you please help me understand how these three main points of Appendix A relate to per diem nurses hired after 1/1/88?a) per diems not being members of retirementb) retirement members exercising an option to exclude their per diem earnings from retirement contributions, andc) the terms being prospective.Thank you.
Submitted: 3 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The first paragraph pertains to only per diem nurses and applies to all per diem nurses.
The second paragraph applies to members of the retirement system BEFORE 1988 to give them the opportunity to exclude per diem hours from their pension.
The clause does NOT apply to nurses who do not work any per diem hours.
The terms being prospective means it is only from 1988 and forward and nothing prior to 1988 is included or meant to be covered under this rule.
So any nurse after 1988, per diem nurses are not members and full time nurses who also work per diem shifts would not have those per diem shifts included in their pension. The full time nurses from before 1988 have the option to have per diem hours included or not if they filed the written exclusion before March 1988. Regardless of per diem hours not being counted into the future it says that if a nurse prior to 1988 had per diem hours included in their pension they cannot seek a refund of whatever they paid into the system.
Customer: replied 3 months ago.
Thanks for your response.You write "The first paragraph pertains to only per diem nurses and applies to all per diem nurses." Do you mean this first paragraph applies to nurses who are hired after 1/1/88 to work per diem hours?Is there any way this appendix can be interpreted to not apply to per diem nurses who are hired after 1/1/88?
Customer: replied 3 months ago.
thanks
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

It applies to ALL per diem nurses, it specifically excludes all per diem nurses from being members of the plan and it is pretty clear actually on that. It does not specify date of hire, it just says RN per diem nurses, period, without qualification.

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