Bill Text: CA AB769 | 2011-2012 | Regular Session | Introduced
Bill Title: Public employment: benefits.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB769 Detail]
Download: California-2011-AB769-Introduced.html
BILL NUMBER: AB 769 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
FEBRUARY 17, 2011
An act to add Sections 22119.8 and 22605 to the Education Code,
and to amend Sections 20305 and 20320 of, and to add Sections 11142,
20308, and 20890.4 to, the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 769, as introduced, Hueso. Public employment: benefits.
Existing law authorizes the creation of retirement systems for
public employees by counties, cities, and districts. Existing law
creates the Public Employees' Retirement System (PERS) and the State
Teachers Retirement System (STRS), which provide a defined benefit to
their members based on age at retirement, service credit, and final
compensation. Existing law establishes the criteria for membership in
the various public employee retirement systems and may exclude
certain employment classifications from membership. Existing law
excludes board members of the State Compensation Insurance Fund from
membership in PERS. Existing law also provides optional membership in
PERS to people who are appointed by the Governor, Attorney General,
Controller, Secretary of State, Treasurer, or Superintendent of
Public Instruction who are exempt from civil service, as specified.
This bill would prohibit a person who is appointed to any state
board or commission, on and after January 1, 2012, from becoming a
member of PERS or STRS by virtue of that service and from acquiring
any retirement right or benefit for serving on that board or
commission. That provision would not apply to a person who obtained
membership by virtue of being appointed to a state board or
commission prior to January 1, 2012, for so long as he or she holds
that position or shall be reappointed to that position. The bill
would also prohibit a person appointed to any state board or
commission on and after January 1, 2012, from earning service credit
for any services performed on that state board or commission. The
bill would make related conforming changes.
The California Constitution requires the California Citizens
Compensation Commission to establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
This bill would prohibit the maximum compensation level for a
member of a state board or commission from exceeding 100% of the
salary recommended by the California Citizens Compensation Commission
to be paid to a Member of the Legislature in the State of California
who is not receiving any additional compensation due to holding a
leadership position in the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22119.8 is added to the Education Code, to
read:
22119.8. Notwithstanding any other law, "creditable service" does
not include service by a person described in Section 22605 performed
on that state board or commission.
SEC. 2. Section 22605 is added to the Education Code, to read:
22605. (a) Notwithstanding any other law, a person who is
appointed to any state board or commission, on and after January 1,
2012, shall not become a member of the system by virtue of that
service and shall not acquire any retirement right or benefit for
serving on that board or commission.
(b) This section shall not apply to a person who obtained
membership by virtue of being appointed to a state board or
commission prior to January 1, 2012, for so long as he or she holds
that position or is reappointed to that position.
SEC. 3. Section 11142 is added to the Government Code, to read:
11142. Notwithstanding any other law, the maximum compensation
level for an appointed member of a state board or commission shall
not exceed 100 percent of the salary recommended by the California
Citizens Compensation Commission to be paid to a Member of the
Legislature in the State of California who is not receiving any
additional compensation due to holding a leadership position in the
Legislature.
SEC. 4. Section 20305 of the Government Code is amended to read:
20305. (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
(1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
(2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
(3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
(A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
(B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
(C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that provide state safety
membership pursuant to Section 20400 or state peace
officer/firefighter membership pursuant to Section 20392.
(4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
(A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
(B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
(5) He On or before
January 1, 2012, he or she is a member of the Board of Prison
Terms, the State Personnel Board, or the State Air Resources Board
and elects to become a member pursuant to Section 20320.
(6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
(7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
(b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.
SEC. 5. Section 20308 is added to the Government Code, to read:
20308. (a) Notwithstanding any other law, a person who is
appointed to any state board or commission, on and after January 1,
2012, shall not become a member of the system by virtue of that
service and shall not acquire any retirement right or benefit for
serving on that board or commission.
(b) This section shall not apply to a person who obtained
membership by virtue of being appointed to a state board or
commission prior to January 1, 2012, for so long as he or she holds
that position or shall be reappointed to that position.
SEC. 6. Section 20320 of the Government Code is amended to read:
20320. (a) A person directly appointed by the Governor, without
the nomination of any officer or board, or directly appointed by the
Attorney General, Lieutenant Governor, Controller, Secretary of
State, Treasurer, or Superintendent of Public Instruction who is
exempt from civil service under Article VII of the California
Constitution, except those appointed pursuant to subdivision (i) of
Section 4 thereof, is excluded from membership in this system unless
he or she files with the board an election in writing to become a
member.
(b) Upon electing to become a member, the person may further elect
at any time prior to retirement to receive service credit for his or
her prior, excluded state service by making the contributions as
specified in Sections 21050 and 21051.
(c) This section shall not apply to a person who is appointed to a
state board or commission on or after January 1, 2012.
SEC. 7. Section 20890.4 is added to the Government Code, to read:
20890.4. Notwithstanding any other law, a person described in
Section 20308 shall not be credited with service by virtue of serving
on that state board or commission.
