(a) An individual serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2 of this article, subject to subsection (c), shall continue to serve or participate in the supernumerary district attorney program, which shall include the assumption of the office of the supernumerary district attorney after November 8, 2016, according to the terms and conditions of Division 2, notwithstanding the fact that the individual may be re-elected after November 8, 2016, to the office he or she is holding on November 8, 2016. (b)(1) No individual may participate in both the supernumerary district attorney program and the Employees’ Retirement System based on the same service. (2) An individual who independently qualifies for the supernumerary district attorney program and the Employees’ Retirement System based on separate years of service may participate in both programs. (c) A district attorney who was elected prior to November 8, 2016, and who is serving in the capacity of district attorney on and after November 8, 2016, and had prior service credit in the Employees’ Retirement System, Teachers’ Retirement System, or Judicial Retirement Fund prior to being elected district attorney shall have 30 days from November 8, 2016, to elect to participate in the District Attorneys’ Plan established by this division. This election shall be irrevocable. (d) An assistant or deputy district attorney who obtains service credit in that position as a Tier I plan member and is elected or appointed district attorney on or after November 8, 2016, may withdraw from service after completion of not less than 25 years of creditable service and may retire without a reduction in retirement allowance upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired.
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