Bill Text: CA SB539 | 2013-2014 | Regular Session | Introduced

California Senate Bill 539 (Prior Session Legislation)

Introduced

Bill Title: Retirement benefit formulas: Orange County.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB539 Detail]

Download: California-2013-SB539-Introduced.html

BILL NUMBER: SB 539	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 22, 2013

   An act to amend Section 31678.3 of the Government Code, relating
to retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 539, as introduced, Walters. Retirement benefit formulas:
Orange County.
   The County Employees Retirement Law of 1937 authorizes counties
and districts, as defined, to provide retirement benefits to their
employees pursuant to its provisions.
   The law authorizes the board of supervisors or the governing body
of a district in Orange County, by resolution adopted by majority
vote and made pursuant to a memorandum of understanding, as
specified, to make certain formulas for the calculation of benefits
for general or safety members applicable to the employees of a
bargaining unit comprised of general members, safety members, or
employees of the Probation Services Unit and Probation Supervisory
Management Unit, as specified. The law also requires the affected
members, subject to certain conditions, to pay some or all of those
additional contributions, as specified.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 31678.3 of the Government Code is amended to
read:
   31678.3.  (a) Notwithstanding any other provision of this chapter,
a resolution adopted by a board of supervisors to make any formula
for calculation of retirement benefits described in this section
applicable to the employees of the county does not apply to make that
formula applicable to the employees of any district within the
county. The governing body of a district may elect, by resolution
adopted by majority vote, to make any formula for calculation of
retirement benefits described in this section applicable to the
employees of the district irrespective of whether the board of
supervisors has made that election with respect to employees of the
county.
   (b) Notwithstanding any other provision of this chapter, the board
of supervisors or the governing body of a district may, by
resolution adopted by majority vote, pursuant to a memorandum of
understanding made under the Meyers-Milias-Brown Act (Chapter 10
(commencing with Section 3500) of Division 4 of Title 2), do any or
all of the following:
   (1) Apply Section 31621.8, 31676.17, 31676.18, or 31676.19 for the
calculation of retirement benefits for general members to the
employees in a bargaining unit comprised of general members.
   (2) Apply Section 31664.1 for the calculation of retirement
benefits for safety members to the employees in a bargaining unit
comprised of safety members.
   (3) Apply Section 31664 for the calculation of retirement benefits
for safety members to the employees of the Probation Services Unit
and the Probation Supervisory Management Unit.
   (c) Any nonrepresented employees within similar job
classifications as employees in a bargaining unit described in
subdivision (b) or supervisors and managers thereof shall be subject
to the same formula for the calculation of retirement benefits
applicable to the employees in that bargaining unit.
   (d) A resolution adopted pursuant to subdivision (b) may require
members to pay a portion of the contributions attributable to past
service liability, that would have been required if the benefits
specified in the resolution, as adopted by the board of supervisors
or the governing body of the district, had been in effect during the
period of time designated in the resolution. Any payments required of
represented employees shall first be approved in a memorandum of
understanding made under the Meyers-Milias-Brown Act and executed by
the board of supervisors or the governing body of the district and
the employee representatives. The contributions paid by a member
pursuant to this subdivision shall become part of the accumulated
contributions of the member.
   (e) This section shall only  be applicable  
apply  to members who retire on or after the effective date of
the resolution described in subdivision (b).
   (f) The board of supervisors or the governing body of a district
may not unilaterally implement a retirement formula for any of its
bargaining units.
   (g) This section shall apply only in Orange County.