Bill Text: CA SB1494 | 2011-2012 | Regular Session | Amended

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

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Bill Title: County employees' retirement: Contra Costa County.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-21 - In Senate. Concurrence in Assembly amendments pending. [SB1494 Detail]

Download: California-2011-SB1494-Amended.html

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BILL NUMBER: SB 1494	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 24, 2012

   An act to amend Sections 31664.1 and 31720.1 of, and to add
Sections 31755.4, 31755.5, and 31755.6 to, the Government Code,
relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1494, as amended, DeSaulnier. County employees' retirement:
Contra Costa County.
   Existing law authorizes the Contra Costa County Board of
Supervisors and the governing boards of districts within the county,
if authorized by the board of supervisors, to provide service
retirement allowances for general members based on a formula commonly
known as the 2% at age 55 formula and to make a Tier Three program
applicable to all new employees and to all current employees in Tier
Two, and to provide members in Tier Three or Tier One, or both, with
retirement allowances based on the 2% at age 55 benefit formula.
   This bill would authorize the Contra Costa County Board of
Supervisors and the governing boards of districts within that county,
if authorized by the board of supervisors, to negotiate with
specified recognized employee organizations representing general
members to subject new general members to a 2% at age 60 formula,
known as Tier Four, as specified.
   Existing law authorizes the Contra Costa County Board of
Supervisors and the governing boards of districts within that county,
if authorized by the board of supervisors, to negotiate with a
recognized employee organization representing safety members
regarding the conditions, as specified, to be required of employees
who are or may become subject to the 3% at age 50 formula.
   This bill would authorize the Contra Costa County Board of
Supervisors and the governing boards of districts within that county,
if authorized by the board of supervisors, to negotiate with
specified recognized employee organizations representing safety
members to subject new safety members to a 3% at age 55 formula, as
specified.
   The bill would also make related changes.
   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 31664.1 of the Government Code is amended to
read:
   31664.1.  (a) This section may be made applicable in any county on
the first day of the month after the board of supervisors of the
county adopts, by majority vote, a resolution providing that this
section shall become applicable in the county.
   (b) Notwithstanding any other provisions of this chapter, the
current service pension or the current service pension combined with
the prior service pension is an additional pension for safety members
purchased by the contributions of the county or district sufficient
when added to the service retirement annuity to equal 3 percent of
the member's final compensation set forth opposite his or her age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current service
or years of current and prior service with which the member is
entitled to be credited at retirement. In no event shall the total
retirement allowance exceed the limitation of the safety member's
final compensation as set forth in Section 31676.1, as it now reads
or may hereafter be amended to read.
  Age
at
Retirement                               Fraction
41 ..............................          .6258
41 1/4 ..........................          .6350
41 1/2 ..........................          .6442
41 3/4 ..........................          .6533
42 ..............................          .6625
42 1/4 ..........................          .6720
42 1/2 ..........................          .6814
42 3/4 ..........................          .6909
43 ..............................          .7004
43 1/4 ..........................          .7102
43 1/2 ..........................          .7200
43 3/4 ..........................          .7299
44 ..............................          .7397
44 1/4 ..........................          .7499
44 1/2 ..........................          .7601
44 3/4 ..........................          .7703
45 ..............................          .7805
45 1/4 ..........................          .7910
45 1/2 ..........................          .8016
45 3/4 ..........................          .8121
46 ..............................          .8226
46 1/4 ..........................          .8339
46 1/2 ..........................          .8452
46 3/4 ..........................          .8586
47 ..............................          .8678
47 1/4 ..........................          .8780
47 1/2 ..........................          .8882
47 3/4 ..........................          .8983
48 ..............................          .9085
48 1/4 ..........................          .9194
48 1/2 ..........................          .9304
48 3/4 ..........................          .9413
49 ..............................          .9522
49 1/4 ..........................          .9641
49 1/2 ..........................          .9761
49 3/4 ..........................          .9880
50 and over  ....................         1.0000


   (c) Contributions shall not be made by safety members having
credit for 30 years of continuous service.
   (d) This section shall not apply to any person to whom Section
31755.6 applies.
  SEC. 2.  Section 31720.1 of the Government Code is amended to read:

   31720.1.   (a)    Notwithstanding Sections
31720, 31755, and 31755.5, any member covered under Section 31751 who
is permanently incapacitated shall be retired for disability
regardless of age if, and only if: 
   (a) 
    (1)  The member's incapacity is substantially caused by
injury or disease arising out of and in the course of the member's
employment, or 
   (b) 
    (2)  The member has completed a total of 10 years of
service. 
   "Permanently 
    (b)     Permanently  incapacitated,"
for the purpose of this section, means that the member is unable
permanently to engage in any substantial gainful employment.
  SEC. 3.  Section 31755.4 is added to the Government Code, to read:
   31755.4.  Notwithstanding any other law, the benefits provided in
Sections 31755, 31755.1, 31755.2, and 31755.3 shall not apply to any
person to whom Section 31755.5 applies.
  SEC. 4.  Section 31755.5 is added to the Government Code, to read:
   31755.5.  Notwithstanding any other law:
   (a) (1) When the Board of Supervisors of Contra Costa County, in
any of its capacities, meets and confers pursuant to the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1) with any collective bargaining unit, the
parties may agree, pursuant to a memorandum of understanding with
respect to that bargaining unit, that the benefits provided in this
section, known as Tier Four benefits, shall apply to an employee who
is first hired on or after January 1, 2013, or a later date
established in the memorandum of understanding approved by resolution
of the board of supervisors. Tier Four benefits shall apply to all
unrepresented employees within similar job classifications as
employees in a collective bargaining unit that has agreed to Tier
Four benefits in a memorandum of understanding, and associated
supervisors and managers, who are hired on and after the same date.
   (2) When the governing body of a district within Contra Costa
County meets and confers pursuant to the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 1)
with any collective bargaining unit, the parties may agree, pursuant
to a memorandum of understanding with respect to that bargaining
unit, that Tier Four benefits shall apply to an employee who is first
hired on or after January 1, 2013, or a later date established in
the memorandum of understanding approved by resolution of the
governing body. Tier Four benefits shall apply to all unrepresented
employees within similar job classifications as employees in a
collective bargaining unit that has agreed to Tier Four benefits in a
memorandum of understanding, and associated supervisors and
managers, who are hired on and after the same date.
   (b) Notwithstanding any other provision of this chapter, the Tier
Four current service pension combined with the prior service pension
shall be known as 2 percent at age 60 and is an additional pension
for members purchased by the contributions of the county or district
sufficient, when added to the service retirement annuity, to equal
(1) the member's final compensation, (2) multiplied by the percentage
set forth in the following table for his or her age at retirement,
taken to the preceding completed quarter year, and (3) multiplied by
the number of years of current service or years of current and prior
service with which the member is entitled to be credited at
retirement. In no event shall the total retirement allowance exceed
90 percent of the member's final compensation.
Retirement Age Percentage
50.......................................... 0.87%
50.25....................................... 0.89%
50.5........................................ 0.91%
50.75....................................... 0.93%
51.......................................... 0.95%
51.25....................................... 0.97%
51.5........................................ 0.99%
51.75....................................... 1.01%
52.......................................... 1.03%
52.25....................................... 1.05%
52.5........................................ 1.07%
52.75....................................... 1.09%
53.......................................... 1.11%
53.25....................................... 1.14%
53.5........................................ 1.16%
53.75....................................... 1.19%
54.......................................... 1.21%
54.25....................................... 1.24%
54.5........................................ 1.26%
54.75....................................... 1.29%
55.......................................... 1.31%
55.25....................................... 1.34%
55.5.........................................1.37%
55.75....................................... 1.40%
56.......................................... 1.43%
56.25....................................... 1.46%
56.5........................................ 1.49%
56.75....................................... 1.52%
57.......................................... 1.55%
57.25....................................... 1.59%
57.5........................................ 1.62%
57.75....................................... 1.66%
58.......................................... 1.69%
58.25....................................... 1.73%
58.5........................................ 1.77%
58.75....................................... 1.81%
59.......................................... 1.84%
59.25....................................... 1.88%
59.5........................................ 1.92%
59.75....................................... 1.96%
60.......................................... 2.00%
60.25....................................... 2.02%
60.5........................................ 2.03%
60.75....................................... 2.04%
61.......................................... 2.05%
61.25....................................... 2.07%
61.5........................................ 2.08%
61.75....................................... 2.09%
62.......................................... 2.10%
62.25....................................... 2.12%
62.5........................................ 2.13%
62.75....................................... 2.14%
63 and over................................. 2.15%


   (c) The following provisions shall apply to the current and prior
service pension and service retirement annuity provided by this
section:
   (1) "Final compensation" means the average annual compensation
earnable by a member during any three consecutive years elected by a
member at or before the time he or she files an application for
retirement, or, if he or she fails to elect, during the three
consecutive years immediately preceding his or her retirement. If a
member has less than three years of service, his or her final
compensation shall be determined by dividing his or her total
compensation by the number of months of service credited to him or
her and multiplying by 12.
   (2) The board may not grant a disability retirement allowance to a
person who has become a Tier Four member except as provided in
Section 31720.1. The amount of the disability retirement allowances
under Tier Four shall be as set forth in Section 31727.01.
   (3) (A) Every retirement allowance, optional death allowance, or
annual death allowance payable to or on account of any member under
this section shall be adjusted as provided in Section 31870 
. No other cost-of-living adjustments shall apply  , except
that the cost-of-living adjustments for members who have retired on
disability under Tier Four shall be the same as the cost-of-living
adjustments for members who have retired on disability under Tier
Three.
   (B) Section 31873 shall apply to any member covered by this
section.
   (4) The normal rates of contributions of Tier Four members shall
be such as to provide an average annuity at 60 years of age equal to
one one-hundred-twentieth of the final compensation of Tier Four
members for each year of service rendered after entering Tier Four.
   (5) The board of supervisors may adopt regulations to implement
the provisions of this section.
   (6) This section shall not apply to any employee or officer if
that application is prohibited by law.
   (d) This section shall not become operative unless and until the
Board of Supervisors of Contra Costa County, by resolution adopted by
a majority vote, makes this section operative in the county.
   (e) This section shall not apply to any safety member.
   (f) For the purposes of this section, "collective bargaining unit"
means any of the following organizations that represents county or
district employees who are general members of the Contra Costa County
Employees' Retirement Association:
   (1) The Professional and Technical Engineers, IFPTE, Local 21.
   (2) Professional and Technical Employees, AFSCME, Local 512.
   (3) United Clerical, Technical and Specialized Employees, AFSCME,
Local 2700.
   (4) Public Employees Union, Local One.
   (5) Public Employees Union, Local One, CSB-Site Supervisor Unit.
   (6) SEIU, Local 1021, Rank and File Unit.
   (7) SEIU, Local 1021, Service Line Supervisors Unit.
   (8) Western Council of Engineers.
   (9) Contra Costa County Deputy Sheriffs Association Rank and File
Unit.
   (10) Contra Costa County Deputy Sheriffs Association Management
Unit.
  SEC. 5.  Section 31755.6 is added to the Government Code, to read:
   31755.6.  Notwithstanding any other law:
   (a) (1) When the Board of Supervisors of Contra Costa County, in
any of its capacities, meets and confers pursuant to the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1) with any collective bargaining unit, the
parties may agree, pursuant to a memorandum of understanding with
respect to that bargaining unit, that the benefits provided in this
section, known as Tier D benefits, shall apply to a safety employee
who is first hired on or after January 1, 2013, or a later date
established in the memorandum of understanding approved by resolution
of the board of supervisors. Tier D benefits shall apply to all
unrepresented safety employees within similar job classifications as
safety employees in a collective bargaining unit that has agreed to
Tier D benefits in a memorandum of understanding, and associated
supervisors and managers, who are hired on and after the same date.
   (2) When the governing body of a district within Contra Costa
County meets and confers pursuant to the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 1)
with any collective bargaining unit, the parties may agree, pursuant
to a memorandum of understanding with respect to that bargaining
unit, that Tier D benefits shall apply to a safety employee who is
first hired on or after January 1, 2013, or a later date established
in the memorandum of understanding approved by resolution of the
governing body. Tier D benefits shall apply to all unrepresented
safety employees within similar job classifications as safety
employees in a collective bargaining unit that has agreed to Tier D
benefits in a memorandum of understanding, and associated supervisors
and managers, who are hired on and after the same date.
   (b) Notwithstanding any other provision of this chapter, the Tier
D current service pension combined with the prior service pension
shall be known as 3 percent at age 55 and is an additional pension
for safety members purchased by the contributions of the county or
district sufficient, when added to the service retirement annuity, to
equal (1) the member's final compensation, (2) multiplied by the
percentage set forth in the following table for his or her age at
retirement, taken to the preceding completed quarter, and (3)
multiplied by the number of years of current service or years of
current and prior service with which the member is entitled to be
credited at retirement. In no event shall the total retirement
allowance exceed 90 percent of the member's final compensation.
Retirement Age Percentage
41.......................................... 0.97%
41.25....................................... 0.99%
41.5........................................ 1.01%
41.75....................................... 1.03%
42.......................................... 1.05%
42.25....................................... 1.08%
42.5........................................ 1.10%
42.75....................................... 1.12%
43.......................................... 1.14%
43.25....................................... 1.17%
43.5........................................ 1.19%
43.75....................................... 1.21%
44.......................................... 1.23%
44.25....................................... 1.26%
44.5........................................ 1.28%
44.75....................................... 1.31%
45.......................................... 1.33%
45.25....................................... 1.36%
45.5........................................ 1.39%
45.75....................................... 1.42%
46.......................................... 1.44%
46.25....................................... 1.47%
46.5........................................ 1.50%
46.75....................................... 1.53%
47.......................................... 1.56%
47.25....................................... 1.60%
47.5........................................ 1.63%
47.75....................................... 1.66%
48.......................................... 1.69%
48.25....................................... 1.73%
48.5........................................ 1.77%
48.75....................................... 1.80%
49.......................................... 1.84%
49.25....................................... 1.87%
49.5........................................ 1.91%
49.75....................................... 1.95%
50.......................................... 1.99%
50.25....................................... 2.03%
50.5........................................ 2.07%
50.75....................................... 2.11%
51.......................................... 2.16%
51.25....................................... 2.20%
51.5........................................ 2.25%
51.75....................................... 2.30%
52.......................................... 2.34%
52.25....................................... 2.39%
52.5........................................ 2.44%
52.75....................................... 2.49%
53.......................................... 2.54%
53.25....................................... 2.60%
53.5........................................ 2.65%
53.75....................................... 2.71%
54 ......................................... 2.76%
54.25....................................... 2.82%
54.5........................................ 2.88%
54.75....................................... 2.94%
55 and over ................................ 3.00%


   (c) The following provisions shall apply to the current and prior
service pension and service retirement annuity provided by this
section:
   (1) "Final compensation" means the average annual compensation
earnable by a member during any three consecutive years elected by a
member at or before the time he or she files an application for
retirement, or, if he or she fails to elect, during the three
consecutive years immediately preceding his or her retirement. If a
member has less than three years of service, his or her final
compensation shall be determined by dividing his or her total
compensation by the number of months of service credited to him or
her and multiplying by 12.
   (2) The board may grant a disability retirement allowance to a
person who has become a Tier D member under the same terms and
conditions that apply to safety members who are not in Tier D.
   (3) (A) Section 31870 shall apply to any member covered by this
section.  No other cost-of-living adjustments shall apply.

   (B) Section 31873 shall apply to any member covered by this
section.
   (4) The normal rates of contributions of Tier D members shall be
such as to provide an average annuity at 55 years of age equal to one
one-hundredth of the final compensation of Tier D members for each
year of service rendered after entering Tier D.
   (5) The board of supervisors may adopt regulations to implement
the provisions of this section.
   (6) This section shall not apply to any employee or officer if
that application is prohibited by law.
   (d) This section shall not become operative unless and until the
Board of Supervisors of Contra Costa County, by resolution adopted by
a majority vote, makes this section operative in the county.
   (e) For the purposes of this section, "collective bargaining unit"
means any of the following organizations that represent county or
district employees who are safety members of the Contra Costa County
Employees' Retirement Association:
   (1) The Professional and Technical Engineers, IFPTE, Local 21.
   (2) Public Employees Union, Local One.
   (3) SEIU, Local 1021.
   (4) Contra Costa County Deputy Sheriffs Association Rank and File
Unit.
   (5) Contra Costa County Deputy Sheriffs Association Management
Unit.