Bill Text: CA AB125 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water: floods.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-08-30 - In Assembly. Concurrence in Senate amendments pending. [AB125 Detail]

Download: California-2013-AB125-Introduced.html

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BILL NUMBER: AB 125	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        JANUARY 14, 2013

   An act to amend Section 22212.5 of the Education Code, relating to
state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 125, as introduced, Wieckowski.  State teachers' retirement:
executive and managerial positions.
   The State Teachers' Retirement Law, which is administered by the
Teachers' Retirement Board, prescribes a comprehensive system of
rights and benefits for its members, including disability benefits,
retirement benefits, and death benefits. Existing law requires the
Teachers' Retirement Board to fix the compensation of specified
executive and managerial positions, including that of the chief
executive officer, system actuary, general counsel, chief investment
officer, and other investment officers and portfolio managers whose
positions are designated as managerial, and to whom specified
procedures and conflict-of-interest provisions apply.
   This bill would add the positions of chief operating officer and
chief financial officer to those positions for which the board is
required to fix the compensation and would make the individuals
holding those positions subject to those conflict-of-interest
provisions. The bill would also prohibit the salaries of the chief
operating officer and the chief financial officer from exceeding 110%
of the maximum salary payable to an investment director of the
system, as specified. The bill would additionally remove the
positions of chief of staff and chief financial officer from those
positions that are subject to conflict-of-interest provisions that
limit postemployment appearances before, or communication to, the
board.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22212.5 of the Education Code is amended to
read:
   22212.5.  (a) Except as otherwise provided in subdivision (d),
this section shall apply to the following positions in the system:
chief executive officer,  chief operating officer, chief
financial officer,  system actuary, general counsel, chief
investment officer, and other investment officers and portfolio
managers whose positions are designated managerial pursuant to
Section 18801.1 of the Government Code.
   (b)  (1)    Notwithstanding Sections 19816,
19825, 19826, 19829, and 19832 of the Government Code, the board
shall fix the compensation for the positions specified in subdivision
(a). In so doing, the board shall be guided by the principles
contained in Sections 19826 and 19829 of the Government Code,
consistent with its fiduciary responsibility to its members to
recruit and retain highly qualified and effective employees for these
positions. 
   (2) The salary for the chief operating officer and the chief
financial officer fixed pursuant to paragraph (1) shall not exceed
110 percent of the maximum salary payable to an investment director
of the system. 
   (c) When a position specified in subdivision (a) is filled through
a general civil service appointment, it shall be filled from an
eligible list based on an examination that was held on an open basis,
and tenure in those positions shall be subject to the provisions of
Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of
Division 5 of Title 2 of the Government Code. In addition to the
causes for action specified in that article, the board may take
action under the article for causes related to its fiduciary
responsibility to its members, including the employee's failure to
meet specified performance objectives.
   (d) An individual who held a position designated in subdivision
(a), or was a member of the board,  a chief of staff,
 a deputy chief executive officer,  chief financial
officer,  or was in an equivalent senior management
position, shall not, for a period of two years after leaving that
position, for compensation, act as agent or attorney for, or
otherwise represent, any other person, except the state, by making
any formal or informal appearance before or by making any oral or
written communication to the board, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing administrative or legislative action or any action or
proceeding involving the issuance, amendment, awarding, or revocation
of a permit, license, grant, contract, or sale or purchase of goods
or property.