Bill Text: CA SB653 | 2009-2010 | Regular Session | Amended

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Bill Title: State employees: memorandum of understanding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-22 - Hearing postponed by committee. [SB653 Detail]

Download: California-2009-SB653-Amended.html

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BILL NUMBER: SB 653	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2010
	AMENDED IN ASSEMBLY  JUNE 10, 2010
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 21, 2009

INTRODUCED BY   Senator Correa

                        FEBRUARY 27, 2009

    An act to amend Section 21350 of the Government Code,
relating to state retirement.   An act relating to state
employees. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 653, as amended, Correa.  State retirement: benefits.
  State employees: memorandum of understanding. 

   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 of a memorandum of understanding entered into between the
state employer and an unspecified bargaining unit, 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 bill would provide that provisions of the memorandum 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.
 
   The Public Employees' Retirement Law (PERL) provides a
comprehensive set of rights and benefits for various employees of the
state and local agencies. That law also establishes the Public
Employees' Retirement System (PERS) and sets forth the provisions for
the delivery of benefits, including retirement benefits to its
members. Under that law, the retirement benefits of a retirement
system member are based, in part, on the completed service credit and
compensation received by that member. Existing law specifies the
components that constitute a member's service retirement allowance.
 
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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 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
____, dated ____, 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 are scheduled to
take effect immediately, and 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. 

  SECTION 1.    Section 21350 of the Government Code
is amended to read:
   21350.  Upon retirement for service, a member is entitled to
receive a service retirement allowance that shall consist of:
   (a) The member's service retirement annuity, including, with
respect to patrol members and solely in respect to the portion of the
annuity derived from the normal accumulated contributions of those
members, respectively, automatic continuance to a surviving spouse,
or if there is no spouse at retirement, to surviving children, or if
there are no eligible surviving children at retirement, to surviving
dependent parents as provided in this article.
   (b) The member's current service pension.
   (c) The member's prior service pension.