Bill Text: CA AB933 | 2011-2012 | Regular Session | Amended

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Bill Title: Public employment benefits: state safety members.

Spectrum: Partisan Bill (Democrat 1-0)

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. [AB933 Detail]

Download: California-2011-AB933-Amended.html

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BILL NUMBER: AB 933	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 18, 2011

    An act to add Section 20404.5 to the Government Code,
relating to public employments, and making an appropriation therefor.
  An act to add Section 20047.1 to the Government Code,
relating to public employment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 933, as amended, Allen. Public employment benefits: state
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. Under PERL employees belong to various membership
categories, which include state  safety  
miscellaneous  members.  PERL includes specified
employees of the Department of Corrections and Rehabilitation within
the state safety member classification. Member contributions are
deposited in the Public Employees' Retirement Fund, a continuously
appropriated fund. State safety members generally make higher levels
of contribution than state miscellaneous members.   PERL
prescribes increased industrial death or disability benefits to
state miscellaneous members employed by the State Department of
Developmental Services at the Porterville Developmental Center whose
death or disability arises out of specified circumstances. 

   This bill would additionally include within the state safety
member classification any person employed at a state prison or state
hospital. The bill would make an appropriation by increasing the
amount of employee contributions to the continuously appropriated
Public Employees' Retirement Fund.  
   This bill would extend those benefits to state miscellaneous
members employed by a state hospital, as specified. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 20047.1 is added to the 
 Government Code  , to read:  
   20047.1.  "Industrial" with respect to state miscellaneous members
also means death or disability after January 1, 2012, resulting from
an injury that is a direct consequence of a violent act perpetrated
on his or her person by a patient or client of a state hospital where
more than 50 percent of the patients or clients have been committed
by a court if at the time of injury both of the following apply:
   (a) Any of the following applies:
   (1) The member was performing his or her duties within a state
hospital.
   (2) The member was within the state hospital but on a recognized
break during a prescribed working shift.
   (3) The member was not within the state hospital but was acting
within the scope of his or her employment at the hospital and is
regularly and substantially as part of his or her duties in contact
with the patients or clients.
   (b) Either of the following applies:
   (1) The member was employed in a state bargaining unit for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section.
   (2) The member was either excluded from the definition of state
employee in subdivision (c) of Section 3513 or was a nonelected
officer or employee of the executive branch of government who was not
a member of the civil service.  
  SECTION 1.    Section 20404.5 is added to the
Government Code, to read:
   20404.5.  "State safety member" shall also include any person
employed at a state prison or state hospital.