Bill Text: CA AB226 | 2009-2010 | Regular Session | Enrolled
Bill Title: County employees retirement: compensation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB226 Detail]
Download: California-2009-AB226-Enrolled.html
BILL NUMBER: AB 226 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 31, 2010
AMENDED IN SENATE AUGUST 27, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE SEPTEMBER 3, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 26, 2009
AMENDED IN SENATE JUNE 16, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member Torrico
FEBRUARY 4, 2009
An act to add Sections 31485.18 and 31676.2 to the Government
Code, relating to county employees' retirement, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 226, Torrico. County employees retirement: compensation.
Under existing law, counties and districts may provide retirement
benefits to their employees pursuant to the County Employees
Retirement Law of 1937 (CERL). CERL specifies the minimum ages and
years of service that are required in order to become eligible for
retirement. That law generally permits the board of supervisors of a
county or the governing board of a district, by resolution adopted by
majority vote and pursuant to a memorandum of understanding, as
specified, to make certain formulas for the calculation of benefits
for its members based on their classification.
The bill would provide that compensation paid to a retiring member
to restore compensation the member would have been entitled to
receive pursuant to a collective bargaining agreement fully executed
on or before July 1, 2010, that was subsequently deferred or
otherwise modified as a result of a concessionary amendment executed
prior to September 1, 2010, shall be considered compensation earnable
and not be deemed to have been paid for the purpose of enhancing a
member's retirement benefit.
This bill would authorize the board of supervisors of the County
of Sacramento, by resolution, adopted by majority vote, as part of a
negotiated memorandum of understanding with a bargaining unit that
represents safety members, to require safety employees of that
bargaining unit and unrepresented safety employees, first hired after
approval of the resolution, to receive a specified pension
calculation that applies to safety members and that computes final
compensation based upon the average annual compensation earnable
during a specified 3-year period.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31485.18 is added to the Government Code, to
read:
31485.18. (a) Notwithstanding any other provision of this
chapter, in a county of the eighth class, as defined in Sections
28020 and 28025, as amended by Chapter 1204 of the Statutes of 1971,
the board of supervisors may, by resolution adopted by majority vote,
as part of any negotiated memorandum of understanding with a
bargaining unit that represents safety employees, require a safety
employee of that bargaining unit, and may also require an
unrepresented safety employee, first hired after approval of the
resolution, to receive a pension calculation provided in Section
31664.2, with a highest compensation period determined pursuant to
Section 31462, and with a cost-of-living-adjustment provided in
Section 31870.
(b) The resolution described in subdivision (a) may provide a
different formula or calculation of retirement benefits for new
safety members in one bargaining unit or new unrepresented safety
members than that provided for new safety members of other bargaining
units or new unrepresented safety members.
SEC. 2. Section 31676.2 is added to the Government Code, to read:
31676.2. Notwithstanding any provision of this chapter,
compensation paid to a retiring member to restore payrate or salary
the member would have been entitled to receive pursuant to a
collective bargaining agreement fully executed on or before July 1,
2010, that was subsequently deferred or otherwise modified as a
result of a concessionary amendment executed prior to September 1,
2010, shall be considered compensation earnable and not be deemed to
have been paid for the purpose of enhancing a member's retirement
benefit.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to implement the terms of the negotiated memorandum of
understanding, it is necessary that this act take effect immediately.
