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

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-Amended.html

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BILL NUMBER: AB 125	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013

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 amended, 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.  The bill
would also require the board to report to the fiscal committees of
the Legislature, as specified, on the cost savings realized because
of these new positions. 
   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 deputy chief executive 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. 
   (e) Twelve months after filling the chief operating officer
position or chief financial officer position, the board shall report
to the fiscal committees of the Legislature, in compliance with
Section 9795 of the Government Code, on the improvements and cost
savings realized because of these new positions. In particular, the
board shall report on savings resulting from reduced contracting and
greater use of internal resources. The board shall continue to report
annually thereafter.