Bill Text: CA AB344 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicular air pollution: exemption: low-use vehicles:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-28 - Joint Rule 61(b)(15) suspended. (Page 4911.) Joint Rule 62(a), file notice suspended. (Page 4911.) Re-referred to Com. on T. & H. [AB344 Detail]

Download: California-2011-AB344-Introduced.html
BILL NUMBER: AB 344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 10, 2011

   An act to amend Section 21221 of the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 344, as introduced, Furutani. Public employees' retirement:
retiree appointments.
   The Public Employees' Retirement Law establishes the circumstances
in which a retired person may serve without reinstatement from
retirement or loss or interruption of benefits, including, among
others, an appointment of limited duration that does not exceed 960
hours in any fiscal year. Existing law further provides that a person
may serve without reinstatement under an appointment that exceeds
960 hours in any fiscal year, if the governing body of the
contracting agency requests approval from the Public Employees'
Retirement Board, as specified.
   This bill would delete that option for a person to serve without
reinstatement under an appointment that exceeds 960 hours in any
fiscal year.
   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 21221 of the Government Code is amended to
read:
   21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and shall not
provide a basis for the payment of workers' compensation to a retired
state employee or to his or her dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year.  When an
appointment is expected to, or will, exceed 960 hours in any fiscal
year, the governing body shall request approval from the board to
extend the temporary employment. The governing body shall present a
resolution to the board requesting action to allow or disallow the
employment extension. The resolution shall be presented prior to the
expiration of the 960 hour maximum for the fiscal year. The
appointment shall continue until notification of the board's decision
is received by the governing body. The appointment shall be deemed
approved if the board fails to take action within 60 days of
receiving the request. Appointments under this subdivision may not
exceed a total of 12 months. 
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.

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