Bill Text: CA SB523 | 2011-2012 | Regular Session | Introduced

California Senate Bill 523 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Public employees' retirement: elected local officials.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB523 Detail]

Download: California-2011-SB523-Introduced.html

BILL NUMBER: SB 523	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 17, 2011

   An act to add Sections 22119.7 and 22605 to the Education Code,
and to amend Sections 20322, 31553, and 31641 of, and to add Sections
7514.52, 20307, 20890.3, 31553.6, 31641.6, 45310.1, and 50808 to,
the Government Code, relating to public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 523, as introduced, Walters. Public employees' retirement:
elected local officials.
   Existing law authorizes the creation of retirement systems for
public employees by counties, cities, and districts. Existing law
creates the Public Employees' Retirement System and the State
Teachers' Retirement System, 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. The California
Constitution provides for the division of the state into counties and
requires that a county have an elected sheriff, elected district
attorney, elected assessor, and elected governing body. Existing law
provides for the incorporation of cities in various forms and
requires that certain city offices be filled pursuant to elections,
as prescribed. Existing law provides for the creation of districts,
the governing bodies of which may be elected.
   This bill would prohibit a person who is publicly elected to a
local office of any kind, on and after January 1, 2012, from becoming
a member of a retirement system by virtue of that service or from
acquiring any retirement right or benefit for serving in that
elective local office. The bill would also apply these prohibitions
to a person who is appointed to fill the term of a person so elected,
but would not apply them to a person who obtained membership by
virtue of holding an elective local office prior to January 1, 2012,
for so long as he or she holds that office or is reelected to that
office.
   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 22119.7 is added to the Education Code, to
read:
   22119.7.  Notwithstanding any other law, "creditable service" does
not include service by a person described in Section 22605 performed
in an elective local office.
  SEC. 2.  Section 22605 is added to the Education Code, to read:
   22605.  (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, on and after January
1, 2012, shall not become a member of the retirement system
established under this chapter by virtue of that service and shall
not acquire any retirement right or benefit for serving in that
elective local office. This section shall apply equally to a person
who is appointed to fill the term of a person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 3.  Section 7514.52 is added to the Government Code, to read:
   7514.52.  (a) Notwithstanding any other law and except as required
or permitted by the California Constitution, a person who is
publicly elected to a local office of any kind, on and after January
1, 2012, shall not become a member of any retirement system by virtue
of that service and shall not acquire any retirement right or
benefit for serving in that elective local office. This section shall
apply equally to a person who is appointed to fill the term of a
person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 4.  Section 20307 is added to the Government Code, to read:
   20307.  (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, 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 in that elective office. This section shall apply equally to
a person who is appointed to fill the term of a person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 5.  Section 20322 of the Government Code is amended to read:
   20322.   Except as otherwise provided in Section 20307: 
   (a) An elective officer is excluded from membership in this system
unless the officer files with the board an election in writing to
become a member. Upon electing to become a member, the officer may
further elect at any time prior to retirement to receive service
credit for his or her prior, excluded service by making the
contributions as specified in Sections 21050 and 21051.
   (b) As used in this part, "elective officer" includes any officer
of the Senate or Assembly who is elected by vote of the members of
either or both of the houses of the Legislature, and any appointive
officer of a city or county occupying a fixed term of office, as well
as officers of the state or contracting agencies elected by the
people, and persons elected to a city council or a county board of
supervisors.
   (c) Notwithstanding any other provision of subdivision (a) or (b),
elected or appointed officers of a county superintendent of schools,
school district, or community college district, or of a contracting
agency, who serve on public commissions, boards, councils, or similar
legislative or administrative bodies are excluded from membership in
this system. This exclusion shall only apply to those elected or
appointed officers, other than city or county officers, who are first
elected or appointed to an office on or after July 1, 1994, or who
are elected or appointed to a term of office not consecutive with the
term of office held on June 30, 1994. For city or county elected or
appointed officers, this exclusion shall only apply to those officers
who are first elected or appointed to an office on or after January
1, 1997, or who are elected or appointed to a term of office not
consecutive with the term of office held on December 31, 1996. This
exclusion shall not apply to persons elected to a city council or
county board of supervisors.
   (d) Any person holding the office of city attorney or the office
of assistant city attorney, whether employed, appointed, or elected,
is excluded from the definition of "elective officer" as defined in
subdivision (b). This subdivision shall apply only to persons first
employed, elected, or appointed on or after July 1, 1994, or
following any break in state service while serving in the office if
the office was held on June 30, 1994.
   (e) In accordance with Section 20125, the board shall be the sole
judge of which elected or appointed positions qualify the incumbent
as an "elective officer" in this system under this section.
   (f) Notwithstanding any other provision of law, with respect to
elective officers of contracting agencies, payment by a contracting
agency of employer contributions and any other amounts for employer
paid benefits under this system shall not be construed as receipt of
salary or compensation by the elective officer for purposes of any
statutory salary or compensation limitation.
  SEC. 6.  Section 20890.3 is added to the Government Code, to read:
   20890.3.  Notwithstanding any other law, a person described in
Section 20307 shall not be credited with service by virtue of serving
in that elective local office.
  SEC. 7.  Section 31553 of the Government Code is amended to read:
   31553.   Elective   Except as provided in
Section 31553.6, elective  officers become members of the
retirement association on the first day of the calendar month
following the filing of a declaration with the board to become a
member, provided, however, that any  such  elective
officer may, within 60 days after the expiration of the officer's
term of office or within 60 days after the officer ceases to hold the
office, rescind the declaration and withdraw from the retirement
association. In  such     these 
cases, all contributions paid by the member shall be refunded in the
same manner as applicable to members terminating service.
  SEC. 8.  Section 31553.6 is added to the Government Code, to read:
   31553.6.  (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, on and after January
1, 2012, shall not become a member of a retirement system established
under this chapter by virtue of that service and shall not acquire
any retirement right or benefit for serving in that elective office.
This section shall apply equally to a person who is appointed to fill
the term of a person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 9.  Section 31641 of the Government Code is amended to read:
   31641.   "Service"   Except as provided in
Section 31641.6, "service"  means uninterrupted employment of
any person appointed or elected for that period of time:
   (a) For which deductions are made from his  or her 
earnable compensation from the county or district for  such
  that  service while he  or she  is a
member of the retirement association.
   (b) In military service for which the county or district or member
is authorized by other provisions of this chapter to make, and does
make, contributions.
   (c) For which he  or she  receives credit for county
service or for public service or for both pursuant to the provisions
of this article.
   (d) Allowed for prior service.
  SEC. 10.  Section 31641.6 is added to the Government Code, to read:

   31641.6.  Notwithstanding any other law, a person described in
Section 31553.6 shall not be credited with service by virtue of
serving in an elective local office.
  SEC. 11.  Section 45310.1 is added to the Government Code, to read:

   45310.1.  (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, on and after January
1, 2012, shall not become a member of a retirement system established
under this chapter by virtue of that service and shall not acquire
any retirement right or benefit for serving in that elective office.
This section shall apply equally to a person who is appointed to fill
the term of a person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 12.  Section 50808 is added to the Government Code, to read:
   50808.  (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, on and after January
1, 2012, shall not become a member of a retirement system established
under this chapter by virtue of that service and shall not acquire
any retirement right or benefit for serving in that elective office.
This section shall apply equally to a person who is appointed to fill
the term of a person so elected.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
  SEC. 13.  The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.