Bill Text: CA AB964 | 2009-2010 | Regular Session | Amended
Bill Title: State employees: memorandum of understanding.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-02-02 - Died on unfinished business file. (Reconsideration pending). [AB964 Detail]
Download: California-2009-AB964-Amended.html
BILL NUMBER: AB 964 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Committee on Public Employees, Retirement and Social
Security (Hernandez (Chair), Fong (Vice Chair), Beall, and Torrico)
FEBRUARY 26, 2009
An act to amend Section 22708 of the Education Code, and to
amend Section 20968 of the Government Code, relating to state
employees, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 964, as amended, Committee on Public Employees, Retirement and
Social Security. State employees: memorandum of understanding.
Under
(1) Under existing law, a
provision of a memorandum of understanding reached between the state
employer and a recognized employee organization representing state
civil service employees that requires the expenditure of funds does
not become effective unless approved by the Legislature in the annual
Budget Act.
This bill would approve provisions that require the expenditure of
funds pursuant to a memorandum memoranda
of understanding entered into between the state employer and
an unspecified bargaining unit State
Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, the Service
Employees International Union, Local 1000 , and would provide
that these provisions will become effective even if these provisions
are approved by the Legislature in legislation other than the annual
Budget Act.
This
(2) The Public Employees' Retirement Law and the State Teachers'
Retirement Law provide retirement benefits based upon final
compensation and years of credited service. Both laws provide that
state employees in the personal leave program shall receive credit
for service that would have been credited had the employee not been
in the personal leave program.
This bill would provide that the calculations of retirement
allowances under the Public Employees' Retirement Law for state
employees in the Mandatory Personal Furlough Leave Program, as
defined, shall include earnings, contributions, and compensation
earnable that would have been reported had the employee not been in
the Mandatory Personal Furlough Leave Program. The bill also would
provide, for all retirement purposes under the State Teachers'
Retirement Law, including benefit eligibility and calculations of
retirement allowances for state employees in the Mandatory Personal
Furlough Leave Program, credit for service shall be based on the
amount of service that would have been credited had the employee not
been in the Mandatory Personal Furlough Leave Program.
(3) The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation.
This bill would appropriate $9,474,000 from those funds for state
employee compensation in augmentation of the Budget Act of 2008.
(4) This bill would provide that
provisions of the memorandum memoranda
of understanding approved by this bill that require the expenditure
of funds will not take effect unless funds for these provisions are
specifically appropriated by the Legislature, and would
require the state employer and the affected employee organization to
meet and confer to renegotiate the affected provisions if funds for
these provisions are not specifically appropriated by the Legislature
authorize either party to reopen negotiations on all
or part of the memoranda of understanding if the Legislature does not
approve or fully fund any provision of the memoranda of
understanding that requires the expenditure of funds .
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
the purpose of this act is to approve agreements pursuant to Section
3517 of the Government Code entered into by the state employer and
State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 on
February 13, 2009, that require the expenditure of funds.
SEC. 2. The provisions of the memoranda of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and the following
employee organizations, and that require the expenditure of funds,
are hereby approved for the purposes of subdivision (b) of Section
3517.6 of the Government Code:
(a) State Bargaining Unit 1, Service Employees International
Union, Local 1000.
(b) State Bargaining Unit 3, Service Employees International
Union, Local 1000.
(c) State Bargaining Unit 4, Service Employees International
Union, Local 1000.
(d) State Bargaining Unit 11, Service Employees International
Union, Local 1000.
(e) State Bargaining Unit 14, Service Employees International
Union, Local 1000.
(f) State Bargaining Unit 15, Service Employees International
Union, Local 1000.
(g) State Bargaining Unit 17, Service Employees International
Union, Local 1000.
(h) State Bargaining Unit 20, Service Employees International
Union, Local 1000.
(i) State Bargaining Unit 21, Service Employees International
Union, Local 1000.
SEC. 3. The provisions of the memoranda of
understanding approved by Section 2 of this act that are scheduled to
take effect on or after February 1, 2009, and that require the
expenditure of funds, shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If the
Legislature does not approve or fully fund any provision of the
memoranda of understanding that requires the expenditure of funds,
either party may reopen negotiations on all or part of the memoranda
of understanding.
SEC. 4. Notwithstanding Section 3517.6 of the
Government Code, the provisions of any memorandum of understanding
included in Section 2 that require the expenditure of funds shall
become effective even if the provisions of the memorandum of
understanding are approved by the Legislature in legislation other
than the annual Budget Act.
SEC. 5. Section 22708 of the Education
Code is amended to read:
22708. (a) The calculations of retirement
allowances under this part for state employees in the personal leave
program shall include credit for service that would have been
credited had the employee not been in the personal leave program. The
costs that result from the increased service credit shall be paid
for by the employer in a manner prescribed by the system.
(b) The calculations of retirement allowances under this part for
state employees in the Mandatory Personal Furlough Leave Program
shall include earnings, contributions, and compensation earnable that
would have been reported had the employee not been in the Mandatory
Personal Furlough Leave Program. The costs that result from the
increased service credit shall be paid by the employer in a manner
prescribed by the system pursuant to Section 22909.
(c) For purposes of subdivision (b), "Mandatory Personal Furlough
Leave Program" means the Mandatory Personal Furlough Leave Program
effective in the 2008-09 and 2009-10 fiscal years for any of the
following state employees:
(1) Individuals covered by a collective bargaining agreement that
contains provisions defining the Mandatory Personal Furlough Leave
Program.
(2) Individuals who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and officers or
employees of the executive branch of state government who are not
members of the civil service.
(3) Individuals subject to an Executive Order requiring a
mandatory furlough for state employees.
SEC. 6. Section 20968 of the Government
Code is amended to read:
20968. (a) For all retirement purposes
, including benefit eligibility and calculations of retirement
allowances for state employees in the personal leave program, credit
for service shall be based on the amount of service that would have
been credited had the employee not been in the personal leave
program.
(b) For all retirement purposes, including benefit eligibility and
calculations of retirement allowances for state employees in the
Mandatory Personal Furlough Leave Program, credit for service shall
be based on the amount of service that would have been credited had
the employee not been in the Mandatory Personal Furlough Leave
Program.
(c) For purposes of subdivision (b), "Mandatory Personal Furlough
Leave Program" means the Mandatory Personal Furlough Leave Program
effective in the 2008-09 and 2009-10 fiscal years for any of the
following state employees:
(1) Individuals covered by a collective bargaining agreement that
contains provisions defining the Mandatory Personal Furlough Leave
Program.
(2) Individuals who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and officers or
employees of the executive branch of state government who are not
members of the civil service.
(3) Individuals subject to an Executive Order requiring a
mandatory furlough for state employees.
SEC. 7. The sum of nine million four hundred
seventy-four thousand dollars ($9,474,000) is hereby appropriated for
expenditure in the 2008-09 fiscal year in augmentation of, and for
the purpose of state employee compensations as provided in Items
9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of
the Budget Act of 2008 in accordance with the following schedule:
(a) Four million three hundred fifty-seven thousand dollars
($4,357,000) from the General Fund in augmentation of Item
9800-001-0001.
(b) Three million four hundred twenty-eight thousand dollars
($3,428,000) from unallocated special funds in augmentation of Item
9800-001-0494.
(c) One million six hundred eighty-nine thousand dollars
($1,689,000) from other unallocated nongovernmental cost funds in
augmentation of Item 9800-001-0988.
SEC. 8. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order for the provisions of this act to be applicable as soon
as possible in the 2008-09 fiscal year, and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary that this act take effect immediately.
SECTION 1. The Legislature finds and declares
that the purpose of this act is to approve an agreement pursuant to
Section 3517.5 of the Government Code entered into by the state
employer and State Bargaining Unit ____.
SEC. 2. The provisions of the memorandum of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining Unit
____ and that require the expenditure of funds, are hereby approved
for the purposes of Section 3517.6 of the Government Code.
SEC. 3. The provisions of the memorandum of
understanding approved by Section 2 of this act that require the
expenditure of funds, shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If funds
for these provisions are not specifically appropriated by the
Legislature, the state employer and the affected employee
organization shall meet and confer to renegotiate the affected
provisions.
SEC. 4. Notwithstanding Section 3517.6 of the
Government Code, the provisions of any memorandum of understanding
that require the expenditure of funds shall become effective even if
the provisions of the memorandum of understanding are approved by the
Legislature in legislation other than the annual Budget Act.
SEC. 5. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order for the provisions of this act to be applicable as soon
as possible in the 2008-09 fiscal year, and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary that this act take effect immediately.
