Bill Text: CA AB2053 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Postemployment health benefits: the San Francisco Bay

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB2053 Detail]

Download: California-2011-AB2053-Enrolled.html

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BILL NUMBER: AB 2053	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  MAY 17, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 23, 2012

   An act to add Section 22896 to the Government Code, relating to
postemployment health benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2053, Allen. Postemployment health benefits: the San Francisco
Bay Area Rapid Transit District.
   Existing law requires the Board of Administration of the Public
Employees' Retirement System to administer the Public Employees'
Medical and Hospital Care Act. Existing law permits a contracting
agency to elect to be subject to the act for its employees and
annuitants, provided that the contracting agency and each employee or
annuitant contribute a portion of the cost of providing the benefit
coverage afforded under the health benefit plan approved or
maintained by the board in which the employee or annuitant may be
enrolled.
   This bill would authorize the San Francisco Bay Area Rapid Transit
District to make contributions for postretirement health benefits
for members of the district board of directors, the districts'
unrepresented employees, and for any unit of employees whose terms
and conditions of employment are determined through collective
bargaining, as specified.


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

  SECTION 1.  Section 22896 is added to the Government Code, to read:

   22896.  (a) For the purposes of this section, the term "district"
shall mean the San Francisco Bay Area Rapid Transit District.
   (b) Notwithstanding any other provision of this part, the district
may make contributions for postretirement health benefits for
members of the district board of directors, the districts'
unrepresented employees, and for any unit of employees whose terms
and conditions of employment are determined through collective
bargaining. Those contributions shall be subject to the following:
   (1) Credited years of service that the employee worked with the
District.
   (2) An agreement with all represented employees regarding
postretirement health coverage mutually agreed upon through
collective bargaining.
   (3) Contributions for postretirement health benefits for the
district's unrepresented employees may only be made in accordance
with the same eligibility criteria and schedule provided for in the
agreement applicable to represented employees.
   (c) An agreement reached pursuant to subdivision (b) shall not be
valid if it provides an employer contribution for employees with less
than 10 years of credited service with the district, except that the
agreement may authorize employer contributions for postretirement
health benefits for those employees who retire for disability with
less than 10 years of service.
   (d) An agreement reached pursuant to subdivision (b) shall not be
valid unless it provides a full employer contribution for those
employees who have completed 15 years of credited service with the
district. The agreement may authorize full employer contributions for
postretirement health benefits for those employees who retire for
disability with less than 15 years of credited service with the
district.
   (e) (1) This section shall only apply to district employees who
are first hired on or after July 1, 2013, or, if specified in an
agreement, to district employees first hired on or after the date
specified in the agreement.
   (2) This section shall apply to employees whose terms and
conditions of employment are determined through collective bargaining
only if the agreement is expressly incorporated by reference into,
or made a part of, a memorandum of understanding.
   (f) This section is not applicable to any employee who retired
before the effective date of the memorandum of understanding. In the
event that the memorandum of understanding establishes a retroactive
effective date, this section applies only prospectively and any
employee who retires before the memorandum of understanding is signed
may not be affected by it.
   (g) The district shall provide, in the manner prescribed by the
board, a notification of each agreement established pursuant to this
section or personnel action incorporating or applying this section,
and any additional information necessary to implement this section.