Bill Text: CA AB381 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment compensation disability benefits: academic

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 437, Statutes of 2009. [AB381 Detail]

Download: California-2009-AB381-Enrolled.html
BILL NUMBER: AB 381	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 23, 2009

   An act to add Section 710.9 to the Unemployment Insurance Code,
relating to unemployment insurance, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 381, Block. Unemployment compensation disability benefits:
academic employees.
   Existing law permits any public agency, as defined, to elect to
become an employer subject to specified requirements pertaining to
disability compensation coverage, with respect to all employees who
are a part of an appropriate employee organization bargaining unit if
the election is the result of a negotiated agreement between the
public agency and the recognized employee organization, as defined.
Existing law authorizes the public agency employer to elect to
provide coverage to its management and confidential employees and to
its employees who are not a part of an appropriate unit, but
prohibits the election from being contingent upon coverage of other
employees of the public agency employer.
   This bill would permit a community college district, as described,
to elect to become an employer subject to specified requirements
pertaining to disability compensation coverage with respect to all
employees who are part of an appropriate employee organization
bargaining unit, if the election is the result of a negotiated
agreement between the community college district and the certified
employee organization, as defined, but would provide that the
election would not be contingent upon coverage of other employees of
the community college district employer. The bill would permit the
community college district employer to also elect to provide coverage
to its management and confidential employees and to its employees
who are not part of an appropriate unit, but would provide that the
election would not be contingent upon coverage of other employees of
the community college district employer. The bill would also permit a
community college district that employs an academic employee, as
defined, to elect to provide disability compensation coverage to
specified permanent, part-time, or temporary academic employees, but
would provide that the election would not be contingent upon coverage
of other academic employees of the community college district
employer. By increasing the pool of potential recipients of payments
from, and potential contributions into, a continually appropriated
fund, the bill would make an appropriation.
   Appropriation: yes.


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

  SECTION 1.  Section 710.9 is added to the Unemployment Insurance
Code, to read:
   710.9.  (a) (1) Notwithstanding Section 709, a community college
district established pursuant to Part 43 (commencing with Section
70900) of Division 7 of the Education Code may elect to become an
employer subject to Part 2 (commencing with Section 2601) with
respect to all employees who are part of an appropriate unit
established pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, if the election is
the result of a negotiated agreement between the community college
district and the certified employee organization, as that term is
defined in subdivision (b) of Section 3540.1 of the Government Code.
The community college district employer may also elect to provide
coverage to its management and confidential employees and to its
employees who are not part of an appropriate unit, but the election
shall not be contingent upon coverage of other employees of the
community college district employer.
   (2) Notwithstanding paragraph (1), a community college district
established pursuant to Part 43 (commencing with Section 70900) of
Division 7 of the Education Code that employs an academic employee,
as defined in Section 87001 of the Education Code, may elect to
provide coverage to permanent, part-time, or temporary academic
employees, including permanent, part-time, temporary, or substitute
faculty or instructors, but the election shall not be contingent upon
coverage of other academic employees of the community college
district employer.
   (b) Upon the filing of an election pursuant to subdivision (a),
the filing entity shall, upon approval by the director, become an
employer subject to Part 2 (commencing with Section 2601) to the same
extent as other employers, and services performed by its employees
who are subject to an election under this section shall constitute
employment subject to that part.
   (c) Sections 986 and 2903 shall apply to an employer making an
election pursuant to this section.        
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