Bill Text: CA AB2937 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 2937 (Prior Session Legislation)

Introduced

Bill Title: CERL: non-service-connected disability retirement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-05 - Referred to Com. on P.E. & R. [AB2937 Detail]

Download: California-2019-AB2937-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2937

Introduced by Assembly Member Fong

February 21, 2020

An act to amend Sections 31726, 31726.5, and 31838 of the Government Code, relating to county employees’ retirement.

LEGISLATIVE COUNSEL'S DIGEST

AB 2937, as introduced, Fong. CERL: non-service-connected disability retirement.

The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and death benefits to county and district employees. CERL prescribes the methods for calculating a non-service-connected disability retirement for different membership classifications and for the purpose of calculating reciprocal benefits. In these instances, the sum of allowance may vary depending on whether or not the retirement board finds, in its opinion, the member’s disability is due to intemperate use of alcoholic liquor or drugs, among other things. In this regard, CERL conditions the purchase of a disability retirement pension by county or district contributions on a finding by the board that the member’s disability is not the result of intemperate use of alcoholic liquor or drugs.

This bill would create an optional provision, to be elected by a county board of supervisors by resolution adopted by majority vote, that would remove the retirement board’s assessment regarding the intemperate use of alcoholic liquor or drugs as a condition on the purchase of a disability retirement pension by county or district contributions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 31726 of the Government Code is amended to read:

31726.

Upon retirement for non-service-connected disability a member who has attained ~~age~~ 65 years of age shall receive ~~his or her~~ the member’s service retirement allowance.

Every member under ~~age~~ 65 years of age who is retired for non-service-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:

(a) The sum to which ~~he or she~~ the member would be entitled as service retirement.

(b) A sum which shall consist of any of the following:

(1) An annuity which is the actuarial equivalent of ~~his or her~~ the member’s accumulated contributions at the time of ~~his or her~~ the member’s retirement.

(2) ~~If,~~ Except as provided in subdivision (c), if in the opinion of the board, ~~his or her~~ the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on ~~his or her~~ the member’s part, a disability retirement pension purchased by contributions of the county or district.

(3) If, in the opinion of the board, ~~his or her~~ the member’s disability is not due to conviction of a felony or criminal activity which caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.

(c) A county may elect that the board not include intemperate use of alcoholic liquor or drugs in the evaluation to be made under paragraph (2) of subdivision (b). This subdivision shall not be applicable in any county until the board of supervisors, by resolution adopted by majority vote, makes this subdivision applicable in that county. This subdivision shall apply only to retirements that are effective on and after the date of the adoption of the resolution.

SEC. 2.

Section 31726.5 of the Government Code is amended to read:

31726.5.

Upon retirement for nonservice-connected disability a safety member who has attained ~~age~~ 55 years of age shall receive ~~his or her~~ the member’s service retirement allowance. Every safety member under ~~age~~ 55 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:

(a) The sum to which ~~he or she~~ the member would be entitled to as service retirement; or

(b) A sum which shall consist of:

(1) An annuity which is the actuarial equivalent of ~~his or her~~ the member’s accumulated contributions at the time of ~~his or her~~ the member’s retirement.

Paragraph (3) shall only apply to a person who becomes a member of the association on or after January 1, 1988.

SEC. 3.

Section 31838 of the Government Code is amended to read:

31838.

Every safety member under ~~age~~ 55 years of age years and every other member under ~~age~~ 65 years of age years who is retired for non-service-connected disability and who is retired simultaneously under a disability retirement allowance from the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a retirement allowance equal to the greater of the following amounts:

(1) The sum to which he the member would be entitled as service retirement; or

(2) A sum which shall consist of:

(a) An annuity which is the actuarial equivalent of ~~his~~ the member’s accumulated contributions at the time of ~~his~~ the member’s retirement, and

(b) ~~If,~~ Except as provided in subdivision (c), if in the opinion of the board, ~~his~~ the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on ~~his~~ the member’s part, a disability retirement pension purchased by contributions of the county or district, all computed as provided in Sections 31727 or 31727.2.