Bill Text: CA AB2250 | 2009-2010 | Regular Session | Amended
Bill Title: Public employees' retirement: safety members.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2250 Detail]
Download: California-2009-AB2250-Amended.html
BILL NUMBER: AB 2250 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Harkey
FEBRUARY 18, 2010
An act to amend Section 20391 of add
Sections 20037.14 and 20037.15 to the Government Code, relating
to public employees' retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 2250, as amended, Harkey. Public employees' retirement: safety
members.
The Public Employees' Retirement Law (PERL) creates the Public
Employees' Retirement System (PERS), which provides a defined benefit
to its members based on age at retirement, service, credit, and
final compensation. That law defines a "state peace
officer/firefighter" in terms of employees employed by specified
state departments in specified job classifications and provides
higher retirement benefit formulas and higher employer and employee
contribution rates for state peace officer/firefighter members than
for other members. PERL defines final compensation
variously based on different member classifications, bargaining
units, and dates of hire. PERL generally provides for a definition of
final compensation based on the highest annual average compensation
earnable by the member during a designated 12-month or
36-month period.
This bill would make technical, nonsubstantive changes to the
definition of "state peace officer/firefighter."
This bill would provide that final compensation for a person who
becomes a state member of the system on or after January 1, 2011, and
who is represented by State Bargaining Unit 5, 6, 8, 9, or is a
peace officer/firefighter member of State Bargaining Unit 7, means
the highest annual average compensation earnable by the member during
a designated 36-month period. The bill would also apply this
definition of final compensation to a state employee who is excepted
from the definition of state employee for purposes of state labor
relations, as specified, or an officer or employee of the executive
branch of state government who is not a member of the civil service,
who is employed by the state for the first time and becomes a state
member of the system on or after January 1, 2011.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20037.14 is added to the
Government Code , to read:
20037.14. (a) Notwithstanding Sections 20035 and 20037, final
compensation for service credit accrued while a state employee who is
excepted from the definition of state employee in subdivision (c) of
Section 3513, or an officer or employee of the executive branch of
state government who is not a member of the civil service, who is
employed by the state for the first time and becomes a state member
of the system on or after January 1, 2011, means the highest average
annual compensation earnable by the member during the consecutive
36-month period immediately preceding the effective date of his or
her retirement, or the date of his or her last separation from state
service if earlier, or during any other period of 36 consecutive
months during his or her state membership that the member designates
on the application for retirement.
(b) Except as provided in subdivision (c), this section does not
apply to:
(1) Former state employees who return to state employment on or
after January 1, 2011.
(2) State employees hired prior to January 1, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment.
(3) State employees hired prior to January 1, 2011, who become
excluded or exempt employees on or after that date.
(4) State employees on an approved leave of absence employed
before January 1, 2011, who return to active employment on or after
that date.
(c) Notwithstanding subdivision (b), this section shall apply to
an employee who was subject to Section 20037.6, 20037.7, 20037.8,
20037.9, 20037.10, 20037.11, 20037.12, or 20037.13 from the date of
first employment until January 1, 2011.
SEC. 2. Section 20037.15 is added to the
Government Code , to read:
20037.15. (a) Notwithstanding Sections 20035 and 20037, final
compensation for a person who becomes a state member of the system on
or after January 1, 2011, and is represented by State Bargaining
Unit 5, 6, 8, or 9, or is a peace officer/firefighter member of State
Bargaining Unit 7, means the highest average annual compensation
earnable by the member during the consecutive 36-month period
immediately preceding the effective date of his or her retirement, or
the date of his or her last separation from state service if
earlier, or during any other period of 36 consecutive months during
his or her state membership that the member designates on the
application for retirement.
(b) This section applies to service credit accrued while a member
of State Bargaining Unit 5, 6, 8, or 9, or as a peace
officer/firefighter member of State Bargaining Unit 7.
(c) Except as provided in subdivision (d), this section does not
apply to:
(1) Former state employees who return to state employment on or
after January 1, 2011.
(2) State employees hired prior to January 1, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment.
(3) State employees hired prior to January 1, 2011, who become
excluded or exempt employees on or after that date.
(4) State employees on an approved leave of absence employed
before January 1, 2011, who return to active employment on or after
that date.
(d) Notwithstanding subdivision (b), this section shall apply to
an employee who was subject to Section 20037.6, 20037.7, 20037.8,
20037.9, 20037.10, 20037.11, 20037.12, or 20037.13 from the date of
first employment until January 1, 2011.
SECTION 1. Section 20391 of the Government Code
is amended to read:
20391. "State peace officer/firefighter member" means:
(a) All persons in the Board of Prison Terms, the Department of
Consumer Affairs, the Department of Developmental Services, the
Department of Health Services, the Department of Toxic Substances
Control, the Horse Racing Board, the Department of Industrial
Relations, the Department of Insurance, the Department of Mental
Health, the Department of Motor Vehicles, the Department of Social
Services employed with the class title of Special Investigator (Class
Code 8553), Senior Special Investigator (Class Code 8550), and
Investigator Assistant (Class Code 8554) who have been designated as
peace officers as defined in Sections 830.2 and 830.3 of the Penal
Code.
(b) All persons in the Department of Alcoholic Beverage Control
employed with the class title Investigator Trainee, Alcoholic
Beverage Control (Class Code 7553), Investigator I, Alcoholic
Beverage Control, Range A and B (Class Code 7554), and Investigator
II, Alcoholic Beverage Control (Class Code 7555) who have been
designated as peace officers as defined in Sections 830.2 and 830.3
of the Penal Code.
(c) All persons within the Department of Justice who are state
employees, as defined in subdivision (c) of Section 3513, and who
have been designated as peace officers and performing investigative
duties.
(d) All persons in the Department of Parks and Recreation employed
with the class title of Park Ranger (Intermittent) (Class Code 0984)
who have been designated as peace officers as defined in Sections
830.2 and 830.3 of the Penal Code.
(e) All persons in the Franchise Tax Board who have been
designated as peace officers in subdivision (s) of Section 830.3 of
the Penal Code.
(f) A member who is employed in a position that is reclassified to
state peace officer/firefighter pursuant to this section may make an
irrevocable election in writing to remain subject to the service
retirement benefit and the normal rate of contribution applicable
prior to reclassification by filing a notice of election with the
board within 90 days of notification by the board. A member who so
elects shall be subject to the reduced benefit factors specified in
Section 21353 or 21354.1, as applicable, only for service included in
the federal system.
