Bill Text: CA AB2495 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Public employees: fair share payments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-07-05 - From committee without further action pursuant to Joint Rule 62(a). [AB2495 Detail]

Download: California-2011-AB2495-Introduced.html

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BILL NUMBER: AB 2495	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 24, 2012

   An act to amend Section 20305 of the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2495, as introduced, Grove. Public employees' retirement:
exclusions.
   Existing law creates the Public Employees' Retirement System
(PERS), which provides a defined benefit to its members based on age
at retirement, service credit, and final compensation. Existing law
establishes the criteria for membership in PERS and excludes from
membership an employee whose appointment or employment contract does
not fix a term of full-time, continuous employment in excess of 6
months, unless, among other exceptions, the person is employed by the
Department of Forestry and Fire Protection in one of the positions
that provides state safety membership or state peace
officer/firefighter membership, as specified.
   This bill would make a technical, nonsubstantive change to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 20305 of the Government Code is amended to
read:
   20305.  (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
   (1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
   (2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
   (3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
   (A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
   (B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
   (C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that  provide 
 provides  state safety membership pursuant to Section 20400
or state peace officer/firefighter membership pursuant to Section
20392.
   (4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
   (A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
   (B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
   (5) He or she is a member of the Board of Prison Terms, the State
Personnel Board, or the State Air Resources Board and elects to
become a member pursuant to Section 20320.
   (6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
   (7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
   (b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.