Bill Text: CA SB54 | 2013-2014 | Regular Session | Amended

California Senate Bill 54 (Prior Session Legislation)

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

Bill Title: Hazardous materials management: stationary sources: skilled and trained workforce.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2013-10-13 - Chaptered by Secretary of State. Chapter 795, Statutes of 2013. [SB54 Detail]

Download: California-2013-SB54-Amended.html

BILL NUMBER: SB 54	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 29, 2013

INTRODUCED BY   Senator Hancock

                        DECEMBER 21, 2012

   An act to add Sections 31621.12 and 31676.20 to the Government
Code, relating to county employees' retirement, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 54, as amended, Hancock. Retirement: county employees.
   The California Public Employees' Pension Reform Act of 2013
requires each county retirement system created pursuant to the County
Employees Retirement Law of 1937 to use a retirement formula
commonly known as 2.5% at 67 years of age for nonsafety members first
hired on or after January 1, 2013, except that a lower retirement
formula may be used as specified. The County Employees Retirement Law
of 1937 authorizes the Alameda County Board of Supervisors to
provide service retirement allowances for general members based on
one of 2 formulas commonly known as the 2% at 57 years of age formula
or the 1.64% at 57 years of age formula.
   This bill would authorize the Alameda County Board of Supervisors
to adopt a resolution that would provide service retirement
allowances based on a formula commonly known as the 2% at 65 years of
age formula for general members hired after approval of the
resolution, as specified.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 31621.12 is added to the Government Code, to
read:
   31621.12.  In counties adopting Section 31676.20, the normal rates
of contribution for members covered by Section 31676.20 shall be as
provided for in Section 7522.30. Employees shall pay at least 50
percent of normal costs and the employer shall not pay any part of
the required employee contribution.
  SEC. 2.  Section 31676.20 is added to the Government Code, to read:

   31676.20.  (a) (1) Notwithstanding any other provision of this
chapter or of subdivision (b) of Section 7522.02 and Section 7522.20,
this section may be made applicable in a county of the fourth class,
as defined in Sections 28020 and 28025, as amended by Chapter 1204
of the Statutes of 1971, on the first day of the month after the
board of supervisors of the county adopts a resolution by majority
vote, as part of or subsequent to the adoption of any negotiated
memorandum of understanding with a bargaining unit that represents
general member employees and that was adopted on or before July 31,
2012, to employees of that bargaining unit hired after approval of
the resolution or to unrepresented employees hired after approval of
the resolution.
   (2) Notwithstanding any other provisions of this chapter or of
subdivision (b) of Section 7522.02 and Section 7522.20, the defined
benefit plan shall provide a pension at retirement for service equal
to the percentage of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
quarter year, in the following table, multiplied by the number of
years of service in the system as a nonsafety member. A member may
retire for service under this section after five years of service and
upon reaching 52 years of age.
Age
of
Retirement                         Fraction
52................................  1.00
52 1/4............................  1.025
52 1/2............................  1.050
52 3/4............................  1.075
53................................  1.100
53 1/4............................  1.125
53 1/2............................  1.150
53 3/4............................  1.175
54................................  1.1883
54 1/4............................  1.2022
54 1/2............................  1.2160
54 3/4............................  1.2299
55 ...............................  1.2436
55 1/4............................  1.2585
55 1/2............................  1.2733
55 3/4............................  1.2882
56................................  1.3031
56 1/4............................  1.3192
56 1/2............................  1.3353
56 3/4............................  1.3514
57................................  1.3675
57 1/4............................  1.3850
57 1/2............................  1.4025
57 3/4............................  1.4200
58................................  1.4375
58 1/4............................  1.4565
58 1/2............................  1.4757
58 3/4............................  1.4947
59................................  1.5138
59 1/4............................  1.5346
59 1/2............................  1.5554
59 3/4............................  1.5763
60................................  1.5972
60 1/4............................  1.6126
60 1/2............................  1.6282
60 3/4............................  1.6438
61................................  1.6593
61 1/4............................  1.6801
61 1/2............................  1.7010
61 3/4............................  1.7219
62................................  1.7428
62 1/4............................  1.7649
62 1/2............................  1.7871
62 3/4............................  1.8092
63................................  1.8314
63 1/4............................  1.8549
63 1/2............................  1.8785
63 3/4............................  1.9021
64................................  1.9257
64 1/4............................  1.9510
64 1/2............................  1.9763
64 3/4............................  2.0015
65................................  2.0268
65 1/4............................  2.0268
65 1/2............................  2.0268
65 3/4............................  2.0268
66 ...............................  2.0268
66 1/4............................  2.0268
66 1/2............................  2.0268
66 3/4............................  2.0268
67 and over.......................  2.0268


   (b) Except as provided for in  subdivisions (a) and (f)
  subdivision (a)  , any requirement of the
California Public Employees' Pension Reform Act of 2013 (Article 4
(commencing with Section 7522) of Chapter 21 of Division 7 of Title
1)  imposed on   applicable to  employers
or members participating in county and district retirement systems
created under this chapter shall also apply to employers and members
operating under this section.
   (c)  A   Subject to the requirements of
Section 7522.30, a  resolution adopted pursuant to this section
or previously adopted resolutions of the board may require members to
pay all or part of the contributions by a member or employer, or
both, that would have been required if the section or sections
specified within this chapter were or have been adopted by
resolution. The payment by a member shall become part of the
accumulated contributions of the member.
   (d) The board of supervisors, in a resolution described in
subdivision (a), shall not require that a bargaining unit be divided
solely for the purpose of providing different retirement benefits.
However, if the members of a bargaining unit within the same or
similar membership classification so elect, retirement benefits may
be separately negotiated with that bargaining unit.
   (e) Notwithstanding any other provision of law, the effective date
of a resolution described in subdivision (a) may be different than
the date of the resolution. 
   (f) Notwithstanding any other law, including subdivision (a) of
Section 7522.32, for purposes of this section, "final compensation"
shall mean the highest average annual pensionable compensation earned
by the member during a period of at least 36 consecutive months,
immediately preceding his or her retirement or last separation from
service if earlier, or during any other period of at least 36
consecutive months during the member's applicable service that the
member designates on the application for retirement. If a member has
less than 36 months of service, the member's final compensation shall
be determined by dividing the member's total compensation by the
number of months of service credited to the member and multiplying by
12.  
   "Final compensation" for members whose service is on a tenure
which is temporary, seasonal, intermittent, or for part time only,
means one-third of the total compensation earned for that period of
time during which the member rendered the equivalent of 36 months of
full-time service. The member may elect at or before the time the
member files an application for retirement the period of time during
which the member has earned 36 months of credit upon which final
compensation shall be calculated. If the member does not so elect,
the period of time immediately preceding retirement shall be used.
 
   (g) 
    (f)  This section shall not apply to safety members.

   (h) For employees in a bargaining unit, this section may not be
imposed by the employer in the absence of a negotiated memorandum of
understanding under the Meyers-Milias Brown Act. 
  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 for the benefits of a memorandum of understanding that
was negotiated between a county of the fourth class and one of its
bargaining units to be enacted and applied equitably at the earliest
possible time, it is necessary that this act take effect immediately.