Bill Text: CA AB2149 | 2009-2010 | Regular Session | Introduced
Bill Title: County retirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-05-20 - Referred to Com. on RLS. [AB2149 Detail]
Download: California-2009-AB2149-Introduced.html
BILL NUMBER: AB 2149 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Furutani
FEBRUARY 18, 2010
An act to amend Sections 31470.4, 31470.5, 31470.6, 31720.5,
31801, 31887, 31904, 32204, 32204.5, 32206, 32207, 32208, 32234,
32235, 32300, 32327, 32328, 32337, 32338, 32339, 32350, 32352, and
33003 of the Government Code, relating to county retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 2149, as introduced, Furutani. County retirement.
The County Employees Retirement Law of 1937, County Peace Officers'
Retirement Law, County Fire Service Retirement Law, and County Peace
Officer and Fire Service Retirement Plan Law set forth a
comprehensive system of retirement benefits for specified firemen.
This bill would replace the term "firemen" with "firefighters" and
make other related technical 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 31470.4 of the Government Code is amended to
read:
31470.4. All county foresters, county firewardens, deputies or
assistant county foresters, deputies or assistant county firewardens,
firefighters, fire apparatus engineers, fire prevention inspectors,
forest firemen firefighters , fire
patrolmen, aircraft pilots, and foremen assigned to fire suppression
crews, all other personnel assigned to active fire suppression in any
county forester's or county firewarden's department and all
officers, engineers, and firemen firefighters
of any county fire protection district, and all other
personnel assigned to active fire suppression in any county fire
protection district are eligible.
SEC. 2. Section 31470.5 of the Government Code is amended to read:
31470.5. Bookkeepers, stenographers, cooks, laborers, county fire
protection district fire foremen, call firemen
firefighters , and firefighters whose principal duties
clearly do not fall within the scope of active fire suppression, even
though the person is subject to occasional call, or is occasionally
called upon, to perform duties within the scope of active fire
suppression, and volunteer employees, honorary deputy county
foresters, honorary deputy county firewardens, and voluntary
firewardens holding appointments as such who receive no compensation
therefor and who do not regularly perform official duties, are
ineligible.
SEC. 3. Section 31470.6 of the Government Code is amended to read:
31470.6. (a) A permanent employee of a county having a population
in excess of 500,000 whose principal duties consist of active
protection, rescue, and rendition of aid or assistance to persons
injured or imperiled in water areas at beaches and lakes, streams,
dams, reservoirs, or other bodies of open water (not including
swimming pools) or in small craft or airplanes at sea near the
shoreline and the recovery from water areas of submerged objects and
bodies of persons drowned or believed to have drowned in those areas,
or the immediate supervision thereof, including persons employed to
perform the duties now performed under the titles of director of
beaches, assistant director of beaches, deputy director of beaches,
chief lifeguard, assistant chief lifeguard, captain lifeguards,
lieutenant rescue boat, lieutenant lifeguards, beach lifeguard, but
who performs additional duties, some of which (including the
maintenance of peace and order and the apprehension of law violators)
are customarily performed by police or peace officers, and whose
other duties (such as resuscitation work involving the use of special
equipment in cases having no connection with their principal duties)
which in other areas are customarily performed by firemen
firefighters , and other and further duties
(such as the rescue of persons from disabled aircraft and small boats
in inshore or inland waters and the removal of dangerous
obstructions from waters) which do not come directly within any of
the aforesaid classifications but are essential to the safety and
security of the public, excluding those whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise clearly do not fall within the scope of active
lifeguarding or lifesaving service, even though a person is subject
to occasional call, or is occasionally called upon, to perform duties
within the scope of active lifeguarding or lifesaving service, shall
be considered and is hereby classified as an employee whose
principal duties consist in "active law enforcement."
Persons employed to perform the duties of director of beaches,
assistant director of beaches, or deputy director of beaches shall
not be within the classification of "active law enforcement"
employee, unless those persons have previously been included within
that classification, or have performed duties which would have
qualified such person as an "active law enforcement" employee under
this section.
(b) In a county with a population in excess of four million, the
provisions of subdivision (a) shall also apply to persons employed
under the titles and to perform the duties of division chief-public
safety, assistant division chief-public safety, or district
manager-public safety.
SEC. 4. Section 31720.5 of the Government Code is amended to read:
31720.5. If a safety member, a fireman
firefighter member, or a member in active law enforcement who
has completed five years or more of service under a pension system
established pursuant to Chapter 4 (commencing with Section 31900) or
under a pension system established pursuant to Chapter 5 (commencing
with Section 32200) or both or under this retirement system or under
the State Employees' Retirement System or under a retirement system
established under this chapter in another county, and develops heart
trouble, such heart trouble so developing or manifesting itself in
such cases shall be presumed to arise out of and in the course of
employment. Such heart trouble so developing or manifesting itself in
such cases shall in no case be attributed to any disease existing
prior to such development or manifestation.
As used in this section, "fireman "
firefighter member" includes a member engaged in active
fire suppression who is not classified as a safety member.
As used in this section, "member in active law enforcement"
includes a member engaged in active law enforcement who is not
classified as a safety member.
SEC. 5. Section 31801 of the Government Code is amended to read:
31801. It is the intent of the Legislature that the enactment of
this article shall authorize persons in positions covered by a
retirement system pursuant to this chapter to participate in the
federal old age and survivors insurance provisions of the Social
Security Act without jeopardizing the continued maintenance of their
local system.
To this end and notwithstanding any other provisions of this
chapter, the provisions of this article, when made applicable by
resolution of the governing board, shall supersede or modify any
inconsistent provision in this chapter in its application to every
member whose position is included in an agreement between the state
and federal government for coverage under the old age and survivors
insurance provisions of the Social Security Act.
The provisions of this chapter are not repealed by this article,
however, and except as superseded or modified by this article in
their application to members who are covered by old age and survivors
insurance, they shall continue to be fully effective and operative.
Nothing in this article shall authorize the extension of the
federal system to service in any policeman's or fireman's
firefighter' s position covered by a
separate retirement system unless all of the policemen or
firemen firefighters are included as a unit
without any division of their separate retirement system.
When federal benefits are to be extended to any fireman's
firefighter' s or policeman's
position pursuant to this part they shall vote separately from other
members of such system in all cases without regard to their
classification as miscellaneous members or otherwise, and
notwithstanding Section 22009.1, such system shall constitute a
separate retirement system with respect to the positions of policemen
or firemen firefighters , or both,
covered by the system.
SEC. 6. Section 31887 of the Government Code is amended to read:
31887. "Fireman," "Firefighter," as
used in this article, means any employee in a position designated as
a fireman's firefighter' s
position by the board; provided, such designation is not contrary to
any definition, ruling or regulation relating to the term "fireman"
issued by the federal agency for the purposes of Section 218(d)(5)(A)
of the Social Security Act.
SEC. 7. Section 31904 of the Government Code is amended to read:
31904. "County peace officers" includes:
(a) All sheriffs, undersheriffs, chief deputy sheriffs, jailers,
turnkeys, deputy sheriffs, bailiffs, process servers, constables,
deputy constables, motorcycle officers, its heads and assistant heads
of all divisions of the sheriff's office, and all their regularly
appointed deputies. Clerks, bookkeepers, stenographers, and other
employees who may have been appointed as deputy sheriffs but who do
not perform the duties of any of the peace officers enumerated and
honorary deputy sheriffs or other persons holding appointments as
deputy sheriffs who receive no compensation therefor and who do not
regularly perform particular official duties are not included.
(b) All county foresters, county fire wardens, deputy or assistant
county foresters, deputy or assistant county fire wardens, heads and
assistant heads of all divisions of any county forester's or county
fire warden's department, and all fire apparatus engineers, fire
prevention inspectors, forest firemen
firefighters , fire patrolmen, fire observers and foremen
assigned to fire suppression crews, and all other personnel not
specifically excluded, who are assigned to fire prevention and
suppression in any county forester's or county fire warden's
department, and the officers, engineers, and firemen
firefighters of any county fire protection
district, and all other personnel not specifically excluded, who are
assigned to fire prevention and suppression in any county fire
protection district. Clerks, bookkeepers, stenographers, cooks,
laborers, county fire protection district volunteer employees or
persons who are not employed for full time duty, or other employees
not performing the duties of any of the persons enumerated and any
honorary deputy county fire warden or honorary deputy county
forester, or voluntary fire warden holding appointment as such but
receiving no compensation therefor and not regularly performing
particular official duties are not included.
SEC. 8. Section 32204 of the Government Code is amended to read:
32204. "County foresters, firewardens and firemen"
firefighters" include all county foresters,
county firewardens, deputy or assistant county foresters, deputy or
assistant county firewardens, fire apparatus engineers, fire
prevention inspectors, forest firemen
firefighters , fire patrolmen, and foremen assigned to fire
suppression crews, and all other personnel not specifically excluded
who are assigned to active fire suppression in any county forester's
or county firewarden's department and all officers, engineers, and
firemen firefighters of any county fire
protection district, and all other personnel not specifically
excluded who are assigned to active fire suppression in any county
fire protection district. Bookkeepers, stenographers, cooks,
laborers, county fire protection district fire foremen, call
firemen firefighters , and volunteer employees,
or persons who are not employed for full time duty, or other
employees not performing the duties of any of the persons enumerated
and any honorary deputy county firewarden or honorary deputy county
forester, or voluntary firewarden holding appointment as such but
receiving no compensation therefor and not regularly performing
particular official duties are not included. In cases of doubtful
eligibility, the Board of Retirement shall be the deciding authority.
SEC. 9. Section 32204.5 of the Government Code is amended to read:
32204.5. Any person who enters service as a "county forester,
firewarden, or fireman" firefighter"
and has reached his fortieth birthday 40
years of age , shall be ineligible to become a member under
this chapter, except any person who is a member at the time of the
adoption of this amendment will retain his or her
membership.
SEC. 10. Section 32206 of the Government Code is amended to read:
32206. "Board" and "board of retirement" mean the County
Foresters, Firewardens, and County Fire Protection District
Firemen's Firefighter' s Retirement
Board.
SEC. 11. Section 32207 of the Government Code is amended to read:
32207. "Fund" means the County Foresters, Firewardens, and
Firemen's Firefighter' s
Retirement Fund.
SEC. 12. Section 32208 of the Government Code is amended to read:
32208. "System" means the retirement system provided for in this
chapter or its predecessor.
The retirement system for county foresters, fire wardens, and
county fire protection district firemen
firefighter s created by Chapter 174 of the Statutes
of 1939, as amended, is continued in existence under this chapter.
SEC. 13. Section 32234 of the Government Code is amended to read:
32234. Except as provided in this article, all county foresters,
firewardens, and firemen firefighters
shall be included in and be subject to this chapter on the first day
of the calendar month following the expiration of 30 days after it
becomes operative in any county or on the first day of the calendar
month following the expiration of 30 days after their entrance into
the service, whichever is later.
SEC. 14. Section 32235 of the Government Code is amended to read:
32235. Any county forester, firewarden, or fireman
firefighter may elect to be excluded from this
chapter at any time within 30 days after it becomes operative in any
county. Any employee who elects to be excluded shall not thereafter
be included in or participate in this system.
SEC. 15. Section 32300 of the Government Code is amended to read:
32300. For the purpose of providing and maintaining a fund to
meet the payments of demands drawn for the payment of pensions and
the expenses of the board, a trust fund account to be known as
"county foresters, firewardens, and firemen's
firefighter' s retirement fund" shall be opened
upon the books of the auditor and treasurer of any county adopting a
system under this chapter. The contributions of the members and the
sums made available by the board of supervisors for the purpose shall
be credited to the fund.
SEC. 16. Section 32327 of the Government Code is amended to read:
32327. Any person electing to come within this chapter who elects
to secure credit for prior service as a forester, firewarden, or
fireman firefighter under this chapter,
if he that person has to his
credit in any other pension system a sum exceeding that
necessary to entitle him be entitled to
credit for such that prior service
shall have refunded to him or her only the amount by which
his or her credit in the other pension system exceeds
that necessary to entitle him be entitled
to credit claimed for prior service. The amount necessary for
such that credit shall be determined on
a 2 percent basis applied to the aggregate salary or wages paid
during the period of prior service claimed.
SEC. 17. Section 32328 of the Government Code is amended to read:
32328. Any person electing to secure credit for prior service as
a forester, firewarden, or fireman
firefighter under this chapter who has to his
credit in any other pension system a sum less than that
necessary to entitle him be entitled to
credit for such that prior service,
shall deposit in the retirement fund a sum equal to the amount
necessary to entitle him be entitled to
the credit claimed for prior service, and the amount he
that person has to his or her credit
in the other pension system shall be transferred from such
that other system to the retirement fund of this
system, to his or her credit. The amount necessary for
such that credit shall be determined on
a 2 percent basis applied to the aggregate salary or wages paid
during the period of prior service claimed.
SEC. 18. Section 32337 of the Government Code is amended to read:
32337. Any member who enters the armed forces
Armed Forces of the United States during war or national
emergency proclaimed by the President or an act of Congress providing
for peacetime induction or conscription and thereafter returns to
active service as a forester, firewarden, or fireman
firefighter within 90 days after the termination
of military service during the war or emergency is deemed to have
been in continuous service as a forester, firewarden, or
fireman firefighter during the time he
that person was in the armed forces
Armed Forces of the United States if, during the
period of his an absence from active
duty or within one year after his that person'
s return from military service and such further time not
exceeding an additional two years as the board determines,
he that person pays into the fund an amount
equal to the contributions which he or she would have made
had he remained on active duty.
SEC. 19. Section 32338 of the Government Code is amended to read:
32338. If any member is compelled to be absent from his
employment because temporarily incapacitated for the
performance of duty as the result of injury or disease occurring in
and arising out of his employment, because of
which he the member becomes entitled to
workmen's workers' compensation,
within 90 days after his a return to
active employment, or within 90 days after the effective date of this
section, whichever first occurs, or within such further time as may
be granted by the board, he the member
may pay into the fund an amount equal to that which would have been
deducted had he the member remained in
active employment. Upon the making of such
the payment, such the time,
whether before or after the effective date of this section, shall be
considered as time served as a county forester, firewarden, or
fireman firefighter .
SEC. 20. Section 32339 of the Government Code is amended to read:
32339. Notwithstanding the provisions of this article, the board
of supervisors and the board of supervisors as a governing body of
the fire protection districts, may elect to contribute for each
member of this system who has entered the armed forces
Armed Forces of the United States after June 1,
1940, during war or national emergency proclaimed by the President or
an act of Congress providing for peacetime induction or conscription
and thereafter returns to active duty as a county forester, fire
warden , or county fire protection district
fireman firefighter within ninety
90 days after the termination of such
military service, in addition to the contributions required
by Sections 32330 and 32331, an amount equal to twice the amount
such the member would have contributed
had he the member remained in service
as a county forester, fire warden, or county fire protection district
fireman firefighter and received the
full salary of the position or positions which he or she
held during the time of such his or her
military service.
SEC. 21. Section 32350 of the Government Code is amended to read:
32350. Whenever this chapter becomes operative in any county, the
board shall order that any person who has been duly appointed,
selected, or elected and qualified and has served as a forester,
firewarden, or fireman firefighter for
20 years or more in the aggregate for which contributions provided
for in this chapter have been made, and who has reached age 60, or
who thereafter completes such service and attains age 60, shall be
retired as of the first day of the succeeding calendar month.
SEC. 22. Section 32352 of the Government Code is amended to read:
32352. Any member shall be retired for disability regardless of
age or amount of service, if incapacitated for the performance of
duty as the result of an injury or disease occurring in and arising
out of the course of his employment. Any member
otherwise incapacitated for the performance of duty shall be retired
regardless of age, but only after 10 years of service. Incapacity for
performance of duty shall be determined by the board. As used in
this section, "service" means only service for which contribution
provided for in this chapter has been made as a county forester,
firewarden, or fireman firefighter .
SEC. 23. Section 33003 of the Government Code is amended to read:
33003. For the purposes of this chapter, the following words and
phrases shall have the meaning ascribed to them in this section,
unless a different meaning is clearly indicated by the context:
"County peace officers" shall comprehend and include all persons
duly and regularly appointed under civil service rules and
regulations and sworn in as provided by law to perform the duties of
undersheriff, chief deputy sheriff, jailers, turnkeys, deputy
sheriffs, bailiffs, process servers, constables, deputy constables,
motorcycle officers, the head and assistant heads of all divisions of
the sheriff's office, and all their regularly appointed deputies,
detectives and investigators in the office of the district attorney
whose duties are substantially similar to those of peace officers and
marshals and deputy marshals. Clerks, bookkeepers, stenographers,
and other employees who may have been appointed as deputy sheriffs or
deputy marshals but who do not perform the duties of any of the
peace officers enumerated and honorary deputy sheriffs or deputy
marshals or other persons holding appointments as deputy sheriffs or
deputy marshals who receive no compensation therefor and who do not
regularly perform particular official duties are not included.
The duly elected, qualified and acting sheriff of any county shall
also be included in the phrase "county peace officers."
"County foresters, fire wardens and firemen"
firefighters" shall comprehend and include all persons
duly and regularly appointed under civil service rules and
regulations to perform the duties of county forester, deputy or
assistant county fire wardens, heads and assistant heads of all
divisions of any county forester's or county fire warden's
department, and all fire apparatus engineers, fire prevention
inspectors, forest firemen firefighters
, fire patrolmen, fire observers and foremen assigned to fire
suppression crews, and all other personnel not specifically excluded,
who are assigned to fire prevention and suppression in any county
forester's or county fire warden's department and the officers,
engineers and firemen firefighters of
any county fire protection district, and all other personnel not
specifically excluded, who are assigned to fire prevention and
suppression in any fire protection district. Clerks, bookkeepers,
stenographers, cooks, laborers, county fire protection district
volunteer employees or persons who are not employed for full time
duty, or other employees not performing the duties of any of the
persons enumerated and any honorary deputy county fire warden or
honorary deputy, county forester, or voluntary fire warden holding
appointment as such but receiving no compensation therefor and not
regularly performing particular official duties are not included.
"City police officers" shall comprehend and include all persons
duly and regularly appointed under civil service rules and
regulations and sworn in as provided by law to perform the duties of
a regular police officer in the organized police department of a
municipal corporation.
"City firemen" firefighters" shall
comprehend and include all persons duly and regularly appointed under
civil service rules and regulations to perform the duties of a
regular fireman firefighter in the
organized fire department of a municipal corporation.
