Bill Text: CA AB822 | 2013-2014 | Regular Session | Enrolled

California Assembly Bill 822 (Prior Session Legislation)

Bill Title: Local government retirement plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB822 Detail]

Download: California-2013-AB822-Enrolled.html

BILL NUMBER: AB 822	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 9, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN SENATE  JULY 10, 2013
	AMENDED IN SENATE  JUNE 20, 2013
	AMENDED IN ASSEMBLY  APRIL 30, 2013

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 21, 2013

   An act to add Section 9611 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 822, Hall. Local government retirement plans.
   Existing law requires local legislative bodies, before authorizing
changes in public retirement plan benefits or other postemployment
benefits, to secure the services of an actuary to provide a statement
of the actuarial impact of the changes.
   This bill would require, whenever a local ordinance or measure
qualifies for the ballot that proposes to alter, replace, or
eliminate the retirement benefit plan of employees of a local
government entity, whether by initiative or legislative action, the
governing body of the local government entity to secure the services
of an independent actuary to provide a statement, or a summary of the
statement, not to exceed 500 words in length, of the actuarial
impact of the proposed measure upon future annual costs of the
retirement benefit plan, and to have this statement printed in the
voter information portion of the sample ballot. The bill would
require a specified notice regarding obtaining a copy of the measure
to be printed in the voter information portion of the sample ballot,
if the text of the measure is not printed on the ballot, nor in the
voter information portion of the sample ballot. The requirements of
the bill would apply to a city, including a charter city; a county,
including a charter county; a city and county, including a charter
city and county; a community college district; or a special district.

   By imposing new requirements on local governments, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 9611 is added to the Elections Code, following
Section 9610, to read:
   9611.  (a) Whenever a local ordinance or measure qualifies for the
ballot that proposes to alter, replace, or eliminate the retirement
benefit plan of employees of a local government entity, whether by
initiative or legislative action, the governing body of the local
government entity shall comply with the requirements of Section 7507
of the Government Code.
   (b) The statement provided by an actuary pursuant to paragraph (1)
of subdivision (b) of Section 7507 of the Government Code, or a
summary of the statement, prepared by the actuary and not to exceed
500 words in length, shall be printed in the voter information
portion of the sample ballot preceding the arguments for and against
the measure, if any.
   (c) If the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the statement, or summary of
the statement required by subdivision (b), in no less than 10-point
bold type, a legend substantially as follows:
   "The above statement is an independent actuarial analysis of
Ordinance or Measure ____. If you desire a copy of the ordinance or
measure, or the actuarial statement, please call the elections
official's office at (insert telephone number) and a copy will be
mailed at no cost to you."
   (d) The requirements of this section apply to a city, including a
charter city; a county, including a charter county; a city and
county, including a charter city and county; a community college
district; or a special district.
  SEC. 2.  The Legislature finds and declares that the security of
public moneys and the fiscal integrity of local governmental entities
in this state, including charter cities and charter counties, have a
direct impact on the long-term well-being of all residents of this
state. Further, many local governments experiencing budgetary crises
have difficulty providing sufficient public safety services and place
additional burdens on resources of the state. Accordingly, ensuring
an informed electorate with respect to the statewide integrity and
security of government pension systems and ensuring the sufficiency
of public safety services are matters of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.