Bill Text: CA SB151 | 2011-2012 | Regular Session | Enrolled
Bill Title: State employees: memoranda of understanding.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2011-05-16 - Chaptered by Secretary of State. Chapter 25, Statutes of 2011. [SB151 Detail]
Download: California-2011-SB151-Enrolled.html
BILL NUMBER: SB 151 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 2, 2011
PASSED THE ASSEMBLY MAY 16, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Correa
(Principal coauthor: Senator Negrete McLeod)
(Principal coauthor: Assembly Member Furutani)
(Coauthor: Assembly Member Perea)
FEBRUARY 1, 2011
An act to amend Sections 19829.97, 19829.98, 20677.5, 20677.71,
20677.91, 20677.95, 20682, 20683.1, and 22944.3 of, to amend and
renumber Section 18929.96 of, and to repeal and amend Sections
20677.6 and 20677.9 of, the Government Code, relating to state
employees, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 151, Correa. State employees: memoranda of understanding.
Existing law provides that a provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees that
requires the expenditure of funds does not become effective unless
approved by the Legislature in the annual Budget Act.
This bill would approve provisions of memoranda of understanding
entered into between the state employer and State Bargaining Units 2,
6, 7, 9, 10, and 13, and would approve addenda to memoranda of
understanding entered into by the state employer and State Bargaining
Units 1, 3, 4, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21, that
require the expenditure of funds, and would provide that these
provisions will become effective even if funds for these provisions
are approved by the Legislature in legislation other than the annual
Budget Act.
The bill would provide that provisions of the memoranda of
understanding and addenda to memoranda of understanding approved by
this bill that require the expenditure of funds will not take effect
unless funds for those provisions are specifically appropriated by
the Legislature, and would require the state employer and the
affected employee organization to meet and confer to renegotiate the
affected provisions if funds for those provisions are not
specifically appropriated by the Legislature.
The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation. In the
event that the annual Budget Act is not enacted prior to July 1 of
each year covered by the memoranda of understanding for State
Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, existing law
provides for a continuous appropriation for the amount necessary for
the payment of compensation and benefits to members of those
bargaining units.
This bill would expand that provision to also include members of
State Bargaining Units 2, 6, 7, 9, 10, and 13.
The Public Employees' Retirement Law (PERL) prescribes
contribution rates for state employees who are state miscellaneous,
state industrial, state safety members, patrol members, or state
peace officer/firefighter members, among others, in amounts based on
percentages of monthly compensation, as specified. Member
contributions are deposited into the Public Employees' Retirement
Fund, which is a continuously appropriated trust fund.
This bill would increase the contribution rates by 5% for state
miscellaneous, state industrial, or state safety members who are
represented by State Bargaining Unit 13, by 3% for state
miscellaneous, state industrial, or state safety members who are
represented by State Bargaining Unit 2, 6, 7, 9, or 10, by 3% for
state peace officer/firefighter members who are represented by State
Bargaining Unit 6, and by 2% for state peace officer/firefighter
members who are represented by State Bargaining Unit 7, beginning on
the first day of the pay period following the operative date of the
bill. By increasing member contributions into a continuously
appropriated fund, this bill would make an appropriation. The bill
would reduce the contribution rates by 1% for excluded state
miscellaneous or state industrial members related to State Bargaining
Unit 2.
Existing law requires the state to pay sworn members of the
California Highway Patrol who are rank-and-file members of State
Bargaining Unit 5 the estimated average total compensation for each
corresponding rank in specified local police departments. Existing
law requires any increase in total compensation resulting from a
survey of the average compensation for those departments to be
implemented through a memorandum of understanding negotiated pursuant
to the Ralph C. Dills Act. Existing law requires that any amount
that would otherwise be used to permanently increase compensation for
those members of State Bargaining Unit 5 pursuant to those
provisions, effective on July 1, 2009, and on July 1, 2010, to
permanently prefund postemployment health care benefits for patrol
members, as provided.
This bill would authorize the Director of the Department of
Personnel Administration to apply the provision directing the use of
those amounts to prefund postemployment health care benefits for
patrol members to excluded patrol members and an officer or employee
of the executive branch who is not a member of civil service.
The bill would also delete duplicative provisions of law.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that the purpose of
this act is to approve the provisions of agreements and addenda to
agreements, pursuant to Sections 3517.5 and 3517.63 of the Government
Code, entered into by the state employer and recognized employee
organizations that require the expenditure of funds.
SEC. 2. The provisions of the following memoranda of understanding
prepared pursuant to Section 3517.5 of the Government Code and
entered into by the state employer and the following employee
organizations, that require the expenditure of funds, are hereby
approved for the purposes of subdivision (b) of Section 3517.6 of the
Government Code:
(a) State Bargaining Unit 2, California Attorneys, Administrative
Law Judges, and Hearing Officers in State Employment, agreement dated
March 7, 2011.
(b) State Bargaining Unit 6, California Correctional Peace
Officers Association, agreement dated March 17, 2011.
(c) State Bargaining Unit 7, California Statewide Law Enforcement
Association, agreement dated March 9, 2011.
(d) State Bargaining Unit 9, Professional Engineers in California
Government, agreement dated March 17, 2011.
(e) State Bargaining Unit 10, California Association of
Professional Scientists, agreement dated March 17, 2011.
(f) State Bargaining Unit 13, International Union of Operating
Engineers, Stationary Engineers, agreement dated March 17, 2011.
SEC. 3. The provisions of the memoranda of understanding approved
by Section 2 of this act that are to take effect on or after April 1,
2011, and that require the expenditure of funds, shall not take
effect unless funds for these provisions are specifically
appropriated by the Legislature. If funds for these provisions are
not specifically appropriated by the Legislature, the state employer
and the affected employee organization shall meet and confer to
renegotiate the affected provisions.
SEC. 4. Notwithstanding Section 3517.6 of the Government Code, the
provisions of any memorandum of understanding included in Section 2
that require the expenditure of funds shall become effective even if
the provisions of the memorandum of understanding are approved by the
Legislature in legislation other than the annual Budget Act.
SEC. 5. The provisions of the following addenda to memoranda of
understanding entered into by the state employer and the following
employee organizations, that require the expenditure of funds, are
hereby approved for the purposes of Section 3517.63 of the Government
Code:
(a) State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21,
Service Employees International Union, addenda dated March 22, 2011,
effective upon approval of this act.
(b) State Bargaining Unit 12, International Union of Operating
Engineers, Craft and Maintenance Employees, addendum dated November
19, 2010, effective November 2, 2010, to July 1, 2012, inclusive.
(c) State Bargaining Unit 12, International Union of Operating
Engineers, Craft and Maintenance Employees, addendum dated March 22,
2011, effective upon approval of this act.
(d) State Bargaining Unit 16, Union of American Physicians and
Dentists, addendum dated November 19, 2010, effective November 2,
2010, to July 1, 2012, inclusive.
(e) State Bargaining Unit 18, California Association of
Psychiatric Technicians, addendum dated November 18, 2010, effective
November 2, 2010, to July 1, 2012, inclusive.
(f) State Bargaining Unit 19, American Federation of State, County
and Municipal Employees, addendum dated December 1, 2010, effective
November 2, 2010, to July 1, 2012, inclusive.
SEC. 6. The provisions of the addenda to memoranda of
understanding approved by Section 5 of this act that require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature or
already exist within available appropriations. If funds for these
provisions are not specifically appropriated by the Legislature, the
state employer and the affected employee organization shall meet and
confer to renegotiate the affected provisions.
SEC. 7. Section 18929.96 of the Government Code is amended and
renumbered to read:
19829.96. (a) Notwithstanding Section 13340, for the 2011-12
fiscal year, if the 2011-12 Budget Act is not enacted by July 1,
2011, for the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), there is
hereby continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, the amount
necessary for the payment of compensation and employee benefits to
state employees covered by the above memoranda of understanding until
the 2011-12 Budget Act is enacted. The Controller may expend an
amount no greater than necessary to enable the Controller to
compensate state employees covered by the above memoranda of
understanding for work performed between July 1, 2011, of the 2011-12
fiscal year and the enactment of the 2011-12 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), are in effect
and approved by the Legislature, the compensation and contribution
for employee benefits for state employees represented by these
bargaining units shall be at a rate consistent with the applicable
memorandum of understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2011-12 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2011-12 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
memoranda of understanding (each effective July 1, 2010, to July 1,
2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13
memoranda of understanding (each effective April 1, 2011, to July 1,
2013, inclusive), or the State Bargaining Unit 6 memorandum of
understanding (effective April 1, 2011, to July 2, 2013, inclusive).
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For purposes
of this section, the memorandum of understanding for each unit,
except State Bargaining Unit 6, expires on July 1, 2013. For purposes
of this section, the memorandum of understanding for State
Bargaining Unit 6 expires on July 2, 2013.
SEC. 8. Section 19829.97 of the Government Code is amended to
read:
19829.97. (a) Notwithstanding Section 13340, for the 2012-13
fiscal year, if the 2012-13 Budget Act is not enacted by July 1,
2012, for the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), there is
hereby continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, the amount
necessary for the payment of compensation and employee benefits to
state employees covered by the above memoranda of understanding until
the 2012-13 Budget Act is enacted. The Controller may expend an
amount no greater than necessary to enable the Controller to
compensate state employees covered by the above memoranda of
understanding for work performed between July 1, 2012, of the 2012-13
fiscal year and the enactment of the 2012-13 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), are in effect
and approved by the Legislature, the compensation and contribution
for employee benefits for state employees represented by these
bargaining units shall be at a rate consistent with the applicable
memorandum of understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2012-13 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2012-13 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
memoranda of understanding (each effective July 1, 2010, to July 1,
2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13
memoranda of understanding (each effective April 1, 2011, to July 1,
2013, inclusive), or the State Bargaining Unit 6 memorandum of
understanding (effective April 1, 2011, to July 2, 2013, inclusive).
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For purposes
of this section, the memorandum of understanding for each unit,
except State Bargaining Unit 6, expires on July 1, 2013. For purposes
of this section, the memorandum of understanding for State
Bargaining Unit 6 expires on July 2, 2013.
SEC. 9. Section 19829.98 of the Government Code is amended to
read:
19829.98. (a) Notwithstanding Section 13340, for the 2013-14
fiscal year, if the 2013-14 Budget Act is not enacted by July 1,
2013, for the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), there is
hereby continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, the amount
necessary for the payment of compensation and employee benefits to
state employees covered by the above memoranda of understanding until
the 2013-14 Budget Act is enacted. The Controller may expend an
amount no greater than necessary to enable the Controller to
compensate state employees covered by the above memoranda of
understanding for work performed between July 1, 2013, of the 2013-14
fiscal year and the enactment of the 2013-14 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive),
State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1,
2011, to July 1, 2013, inclusive), or State Bargaining Unit 6
(effective April 1, 2011, to July 2, 2013, inclusive), are in effect
and approved by the Legislature, the compensation and contribution
for employee benefits for state employees represented by these
bargaining units shall be at a rate consistent with the applicable
memorandum of understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2013-14 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2013-14 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
memoranda of understanding (each effective July 1, 2010, to July 1,
2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13
memoranda of understanding (each effective April 1, 2011, to July 1,
2013, inclusive), or the State Bargaining Unit 6 memorandum of
understanding (effective April 1, 2011, to July 2, 2013, inclusive).
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For purposes
of this section, the memorandum of understanding for each unit,
except State Bargaining Unit 6, expires on July 1, 2013. For purposes
of this section, the memorandum of understanding for State
Bargaining Unit 6 expires on July 2, 2013.
SEC. 10. Section 20677.5 of the Government Code is amended to
read:
20677.5. (a) Notwithstanding any provisions of Section 20677.4 to
the contrary, effective with the beginning of the pay period
following the operative date of the amendments to this section made
by Senate Bill 151 of the 2011-12 Regular Session, the normal rate of
contribution for state miscellaneous or state industrial members who
are subject to Section 21353 or 21354.1, and who are represented by
State Bargaining Unit 2, shall be:
(1) Ten percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Nine percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(c) The Director of the Department of Personnel Administration may
establish the normal rate of contribution for a state employee who
is excepted from the definition of "state employee" in subdivision
(c) of Section 3513, and an officer or employee of the executive
branch of state government who is not a member of the civil service.
The normal rate of contribution shall be the same for all members
identified in this subdivision. The contribution rate shall be
effective the beginning of the pay period indicated by the Director
of the Department of Personnel Administration but shall be no earlier
than the beginning of the pay period following the date the board
receives notification.
SEC. 11. Section 20677.6 of the Government Code, as added by
Section 12 of Chapter 162 of the Statutes of 2010, is repealed.
SEC. 12. Section 20677.6 of the Government Code, as added by
Section 12 of Chapter 163 of the Statutes of 2010, is amended to
read:
20677.6. (a) Notwithstanding Section 20677.4, effective with the
beginning of the pay period following the effective date of this
section, the normal rate of contribution for state miscellaneous or
state industrial members who are represented by State Bargaining
Units 12, 16, 18, and 19, shall be:
(1) Eleven percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Ten percent of compensation in excess of five hundred thirteen
dollars ($513) per month paid to that member whose service has been
included in the federal system.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(c) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(d) Notwithstanding Section 20677.4, effective with the beginning
of the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state miscellaneous or state industrial
members who are represented by State Bargaining Unit 13.
SEC. 13. Section 20677.71 of the Government Code is amended to
read:
20677.71. (a) Notwithstanding Section 20677.4, effective with the
beginning of the pay period following ratification by the affected
union membership and enactment of this section, the normal rate of
contribution for state miscellaneous or state industrial members who
are represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 shall be:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) Notwithstanding Section 20677.4, effective with the beginning
of the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state miscellaneous or state industrial
members who are represented by State Bargaining Unit 6, 7, 9, or 10.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
SEC. 14. Section 20677.9 of the Government Code, as added by
Section 15 of Chapter 162 of the Statutes of 2010, is repealed.
SEC. 15. Section 20677.9 of the Government Code, as added by
Section 14 of Chapter 163 of the Statutes of 2010, is amended to
read:
20677.9. (a) Notwithstanding Section 20683, effective with the
beginning of the pay period following the effective date of this
section, the normal rate of contribution for state safety members who
are represented by State Bargaining Units 12, 16, 18, and 19 shall
be 11 percent of compensation in excess of three hundred seventeen
dollars ($317) per month paid to a member whose service is not
included in the federal system or in excess of five hundred thirteen
dollars ($513) for one whose service is included in the federal
system.
(b) Notwithstanding Section 20683, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state safety members who are represented
by State Bargaining Unit 13.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of the memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
SEC. 16. Section 20677.91 of the Government Code is amended to
read:
20677.91. (a) Notwithstanding Section 20683, effective with the
beginning of the pay period following ratification by the affected
union membership and enactment of this section, the normal rate of
contribution for state safety members who are represented by State
Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall be 9 percent
of compensation in excess of three hundred seventeen dollars ($317)
per month paid to a member whose service is not included in the
federal system or in excess of five hundred thirteen dollars ($513)
for one whose service is included in the federal system.
(b) Notwithstanding Section 20683, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state safety members who are represented
by State Bargaining Unit 7, 9, or 10.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of the memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
SEC. 17. Section 20677.95 of the Government Code is amended to
read:
20677.95. (a) Notwithstanding Section 20687, effective with the
beginning of the September 2010 pay period, the normal rate of
contribution for state peace officer/firefighter members who are
represented by State Bargaining Unit 8 shall be 10 percent of the
compensation in excess of two hundred thirty-eight dollars ($238) per
month paid to those members.
(b) Notwithstanding Section 20687, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
the normal rate of contribution for state peace officer/firefighter
members who are represented by State Bargaining Unit 6 shall be 11
percent of the compensation in excess of eight hundred sixty-three
dollars ($863) per month paid to those members.
(c) Notwithstanding Section 20687, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
the normal rate of contribution for state peace officer/firefighter
members who are represented by State Bargaining Unit 7 shall be 10
percent of the compensation in excess of five hundred thirteen
dollars ($513) per month paid to those members.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1, the memorandum of understanding shall
be controlling without further legislative action, except that if
those provisions of a memorandum of understanding require the
expenditure of funds, those provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.
(e) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
SEC. 18. Section 20682 of the Government Code is amended to read:
20682. Notwithstanding Sections 20677.4, 20677.5, 20677.6,
20677.9, 20683, 20683.1, 20686, and 20687, effective with the
beginning of the pay period following enactment of this section, the
normal rate of contribution for a state employee who is excepted from
the definition of "state employee" in subdivision (c) of Section
3513, and an officer or employee of the executive branch of state
government who is not a member of the civil service shall be the
following:
(a) For state miscellaneous or state industrial members:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) For state miscellaneous or
state industrial members who are excepted from the definition of
"state employee" in subdivision (c) of Section 3513 and related to
State Bargaining Unit 2:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(c) State safety members shall be 9 percent of compensation in
excess of three hundred seventeen dollars ($317) per month paid to a
member whose service is not included in the federal system or in
excess of five hundred thirteen dollars ($513) for one whose service
is included in the federal system.
(d) Peace officer/firefighter members shall be 11 percent of
compensation in excess of eight hundred sixty-three dollars ($863)
for state employees who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513 and related to State
Bargaining Unit 6.
(e) Peace officer/firefighter members shall be 11 percent of
compensation in excess of five hundred thirteen dollars ($513) for
state employees who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513 and related to State
Bargaining Unit 7.
SEC. 19. Section 20683.1 of the Government Code is amended to
read:
20683.1. (a) For each state safety member subject to Section
21369 or 21369.1 who is represented by State Bargaining Unit 2, the
normal rate of contribution shall be 10 percent of compensation in
excess of three hundred seventeen dollars ($317) per month paid to a
member whose service is not included in the federal system beginning
with the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of the memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(b) The Director of the Department of Personnel Administration may
establish the normal rate of contribution for a state employee who
is excepted from the definition of "state employee" in subdivision
(c) of Section 3513, and an officer or employee of the executive
branch of state government who is not a member of the civil service.
The normal rate of contribution shall be the same for all members
identified in this subdivision. The contribution rate shall be
effective the beginning of the pay period indicated by the Director
of the Department of Personnel Administration but shall be no earlier
than the beginning of the pay period following the date the board
receives notification.
SEC. 20. Section 22944.3 of the Government Code is amended to
read:
22944.3. (a) Any amount that would otherwise be used to
permanently increase compensation pursuant to Section 19827,
effective on July 1, 2009, and on July 1, 2010, shall instead be used
to permanently prefund postemployment health care benefits for
patrol members. The amount used to prefund benefits relative to any
increases under the survey methodology effective July 1, 2010, shall
not exceed 2 percent. The state shall take credit for these
prefunding contributions in the survey methodology established in
Section 19827 in the same manner as it would for an increase to the
base salary for patrol members.
(b) Patrol members shall contribute an additional 0.5 percent of
base pay toward prefunding retiree health benefit obligations
effective on the first day of the pay period following the effective
date of the act adding this section and the ratification of the
addendum by the members of State Bargaining Unit 5. This contribution
shall not reduce the base salary of patrol members under the survey
methodology established by Section 19827.
(c) Effective July 1, 2012, the state shall contribute toward
prefunding retiree health benefits, on a prospective basis, an amount
at least equal to the combined contribution rate established
pursuant to subdivisions (a) and (b). These contributions may be used
in the survey methodology established by Section 19827 if mutually
agreed in a memorandum of understanding.
(d) Contributions paid pursuant to this section shall be used
exclusively for the cost of providing postemployment health care to
eligible enrolled patrol member annuitants and their eligible
enrolled dependents, beneficiaries, and survivors.
(e) Contributions paid pursuant to this section shall not be
refundable under any circumstances to a patrol member or his or her
beneficiary or survivor.
(f) Any amount used to prefund postemployment health care for
patrol members pursuant to subdivision (a) shall not be included in
any calculation for benefits using final compensation.
(g) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(h) For purposes of this section, "patrol member" has the same
meaning as in Section 20390. This section shall not apply to an
employee of a county.
(i) The Director of the Department of Personnel Administration may
exercise his or her discretion to apply the provisions of this
section to patrol members who are excepted from the definition of
"state employee" in subdivision (c) of Section 3513, and an officer
or employee of the executive branch of state government who is not a
member of the civil service.
SEC. 21. 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 for the provisions of this act to be applicable as soon
as possible in the 2010-11 fiscal year and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary that this act take effect immediately.
