Bill Text: CA AB2028 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Public employees' retirement: involuntary termination: reinstatement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-29 - Chaptered by Secretary of State - Chapter 794, Statutes of 2016. [AB2028 Detail]

Download: California-2015-AB2028-Chaptered.html

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BILL NUMBER: AB 2028	CHAPTERED
	BILL TEXT

	CHAPTER  794
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2016
	PASSED THE SENATE  AUGUST 11, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  JUNE 13, 2016

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 16, 2016

   An act to add Section 20969.3 to the Government Code, relating to
public employees' retirement, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2028, Cooper. Public employees' retirement: involuntary
termination: reinstatement.
   Existing law, the Public Employees' Retirement Law (PERL), creates
the Public Employees' Retirement System (PERS) for the purpose of
providing pension benefits to state employees and employees of
contracting agencies and prescribes the rights and duties of members
of the system and their beneficiaries. PERS provides defined benefits
to members based on final compensation, credited service, and age at
retirement, subject to certain variations. PERL requires a person
who has retired under PERS following an involuntary termination of
his or her employment to be reinstated to membership in that system,
effective as of the date from which salary is awarded, if the person
is reinstated to employment pursuant to an administrative or judicial
proceeding and certain other conditions are met, as specified. PERL
also requires the assets of the system, including, but not limited
to, employee contributions, employer contributions, and investment
income, to be deposited into the Public Employees' Retirement Fund, a
continuously appropriated fund.
   This bill would additionally require the reinstatement in PERS of
a member, without regard to retirement status, who is involuntarily
terminated on or after January 1, 2017, and subsequently reinstated
to that employment pursuant to an administrative, arbitral, or
judicial proceeding. The bill would require contributions to be made
to the system for any period for which salary is awarded in the
proceeding and would provide the member with service credit for that
period and reinstatement of benefits effective as of the date from
which salary is awarded, as specified. The bill would require an
employer of the involuntarily terminated employee to notify the board
of the final decision ordering the member's reinstatement, as
specified. By increasing contributions to be deposited into the
Public Employees' Retirement Fund, a continuously appropriated fund,
the bill would make an appropriation. By requiring local government
employers to provide this notification and information, this 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.
   Appropriation: yes.


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

  SECTION 1.  Section 20969.3 is added to the Government Code, to
read:
   20969.3.  (a) A member who was involuntarily terminated and who is
subsequently reinstated to that employment, pursuant to an
administrative, arbitral, or judicial proceeding, shall be reinstated
with all retirement benefits that the member otherwise would have
accrued. Administrative proceedings also include proceedings before
the governing board of a school district, a charter school, a county
office of education, or a community college district.
   (b) Reinstatement of benefits shall be effective as of the date
from which salary is awarded in the administrative, arbitral, or
judicial proceedings. Contributions shall be made for any period for
which salary is awarded in the administrative, arbitral, or judicial
proceedings in the amount that the member would have contributed had
his or her employment not been terminated, and he or she shall
receive credit as state service, as defined in Section 20069, for the
period for which salary is awarded and contributions are received.
   (c) This section shall apply to members who were subject to an
involuntary termination effective on or after January 1, 2017.
   (d) An employer of the member described in subdivision (a) shall
notify the board of the final decision ordering the member's
reinstatement to employment within five days of the date the decision
becomes final. The notification shall include the date of
involuntary termination and the date on which the member was
reinstated to employment after the decision.
  SEC. 2.  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.