Bill Text: CA SB28 | 2017-2018 | Regular Session | Amended
Bill Title: State public employment: memoranda of understanding: approval.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-03-15 - Chaptered by Secretary of State. Chapter 1, Statutes of 2017. [SB28 Detail]
Download: California-2017-SB28-Amended.html
Amended
IN
Senate
January 30, 2017 |
Senate Bill | No. 28 |
Introduced by Senator Pan |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides that 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 of a memorandum of understanding entered into between the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, which are represented by the Service Employees International Union (SEIU), that require the expenditure of funds and would provide that these provisions will become effective if these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would provide that provisions of the memorandum of understanding approved by the bill that require the expenditure of funds will not take effect unless funds for
those provisions are specifically appropriated by the Legislature and would require the state employer and the employee organization to meet and confer to renegotiate if funds for those provisions are not specifically appropriated by the Legislature.
Digest Key
Vote:Bill Text
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 the agreements entered into by the state employer and State Bargaining Units 1, 3, 4, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, and 21 pursuant to Section 3517.5 of the Government Code.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 State Bargaining Unit 13, dated October 18, 2016, State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, dated December 3, 2016, State Bargaining Unit 18, dated December 8, 2016, State Bargaining Unit 12, dated December 13, 2016, State Bargaining Unit 19, dated December 16, 2016, and State Bargaining Unit 8, dated December 23, 2016, that require the expenditure of funds, are hereby approved for the purposes of subdivision (b) of Section 3517.6 of the Government Code.SEC. 3.
The provisions of the memoranda of understanding approved in 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, either the state employer or the affected employee organization may reopen negotiations on all or part of the memorandum of understanding.SEC. 4.
Notwithstanding Section 3517.6 of the Government Code, the provisions of the memoranda of understanding included in Section 2 of this act 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 19829.9845 of the Government Code is amended to read:19829.9845.
(a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive),SEC. 6.
Section 19829.9846 of the Government Code is amended to read:19829.9846.
(a) Notwithstanding Section 13340, for the 2018–19 fiscal year, if the Budget Act of 2018 is not enacted by July 1, 2018, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive),SEC. 7.
Section 19829.9847 is added to the Government Code, to read:19829.9847.
(a) Notwithstanding Section 13340, for the 2019–20 fiscal year, if the Budget Act of 2019 is not enacted by July 1, 2019, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2019 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2019, of the 2019–20 fiscal year and the enactment of the Budget Act of 2019.SEC. 8.
Section 19829.9848 is added to the Government Code, to read:19829.9848.
(a) Notwithstanding Section 13340, for the 2020–21 fiscal year, if the Budget Act of 2020 is not enacted by July 1, 2020, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memorandum of understanding until the Budget Act of 2020 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2020, of the 2020–21 fiscal year and the enactment of the Budget Act of 2020.SEC. 9.
Section 22871.3 of the Government Code is amended to read:22871.3.
(a) The employer contribution for each annuitant enrolled in a basic plan shall be an amount equal to 80 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer contribution shall be an amount equal to 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year.SEC. 10.
Section 22874.3 of the Government Code is amended to read:22874.3.
(a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2017, and who is represented by State Bargaining UnitCredited Years of Service | Percentage of Employer Contribution |
15
........................
| 50 |
16
........................
| 55 |
17
........................
| 60 |
18
........................
| 65 |
19
........................
| 70 |
20
........................
| 75 |
21
........................
| 80 |
22
........................
| 85 |
23
........................
| 90 |
24
........................
| 95 |
25 or more
........................
| 100 |
SEC. 11.
Section 22879 of the Government Code is amended to read:22879.
(a) The board shall pay monthly to an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan under this part the amount of the Medicare Part B premiums, exclusive of penalties, except as provided in Section 22831. This payment may not exceed the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums for the health benefit plan in which the employee or annuitant and his or her family members are enrolled. No payment may be made in any month if the difference is less than one dollar ($1).SEC. 12.
Section 22944.5 of the Government Code is amended to read:22944.5.
(a) (1) The state and employees in State Bargaining Unit 2, 7, 8, 9, 10, 13, 18, orSEC. 13.
Section 22958.1 of the Government Code is amended to read:22958.1.
(a) Notwithstanding Sections 22953, 22957, and 22958, the following employees shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 or more years of state service, as defined by this section, at the time of retirement:Credited Years of Service | Percentage of Employer Contribution |
15
........................
| 50 |
16
........................
| 55 |
17
........................
| 60 |
18
........................
| 65 |
19
........................
| 70 |
20
........................
| 75 |
21
........................
| 80 |
22
........................
| 85 |
23
........................
| 90 |
24
........................
| 95 |
25 or more
........................
| 100 |
SEC. 14.
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 California Constitution and shall go into immediate effect. The facts constituting the necessity are: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 Units 1, 3, 4, 11, 14, 15, 17, 20, and 21.
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 the Service Employees International Union (SEIU), State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, dated ____, that require the expenditure of funds are hereby approved for the purposes of subdivision (b) of Section 3517.6 of the Government Code.
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.
Notwithstanding Section 3517.6 of the Government Code, the provisions of the memorandum of understanding included in Section 2 of this act 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.