BILL NUMBER: SB 711 CHAPTERED 02/13/02 CHAPTER 5 FILED WITH SECRETARY OF STATE FEBRUARY 13, 2002 APPROVED BY GOVERNOR FEBRUARY 13, 2002 PASSED THE SENATE JANUARY 30, 2002 PASSED THE ASSEMBLY JANUARY 29, 2002 AMENDED IN ASSEMBLY JANUARY 18, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 AMENDED IN ASSEMBLY SEPTEMBER 14, 2001 INTRODUCED BY Senator Dunn (Principal coauthor: Senator Soto) (Principal coauthors: Assembly Members Cardoza, Koretz, Matthews, Reyes, and Runner) (Coauthors: Senators Bowen, Chesbro, Costa, Escutia, Johnson, Karnette, Kuehl, Morrow, Romero, and Scott) (Coauthors: Assembly Members Alquist, Aroner, Bates, Briggs, Bill Campbell, Chavez, Chu, Correa, Cox, Diaz, Harmon, Horton, Kehoe, Kelley, Leach, Robert Pacheco, Rod Pacheco, Pavley, Salinas, Strickland, Strom-Martin, Thomson, and Wyland) FEBRUARY 23, 2001 An act to amend Section 19775.17 of, and to add Section 19775.18 to, the Government Code, relating to state employees, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 711, Dunn. State employees on active duty: benefits. Existing law provides that a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President or otherwise authorized by law, shall receive for the duration of the event for a period not to exceed 180 days as part of his or her compensation the difference between the amount of his or her military pay and the amount the person would have received as a state employee, and all benefits he or she would have received had he or she not served on active duty, as specified. This bill would provide that a state employee who is a member of the California National Guard or a United States Military Reserve organization shall receive these benefits for a period not to exceed 365 days if he or she is ordered to serve on active duty on and after September 11, 2001, as a result of the War on Terrorism. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19775.17 of the Government Code is amended to read: 19775.17. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President or otherwise authorized by law, shall have the benefits provided for in subdivision (b). (b) Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event as authorized pursuant to Sections 12302 and 12304 of Title 10 of the United States Code, but not to exceed 180 calendar days, as part of his or her compensation both of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Personnel Administration. (2) All benefits that he or she would have received had he or she not served on active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775. (d) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Personnel Administration. For a state employee eligible to participate in a federally sponsored income protection program, and whose monthly salary as a state employee was higher than the sum of his or her military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days. (e) For purposes of this section, "state employee" means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state. (f) This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or Section 19775.18 of this code, or Section 395.08 of the Military and Veterans Code. SEC. 2. Section 19775.18 is added to the Government Code, to read: 19775.18. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty on and after September 11, 2001, as a result of the War on Terrorism, shall have the benefits provided for in subdivision (b). (b) Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event known as the War on Terrorism, as authorized pursuant to Sections 12302 and 12304 of Title 10 of the United States Code, but not to exceed 365 calendar days, as part of his or her compensation both of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Personnel Administration. (2) All benefits that he or she would have received had he or she not served on active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775. (d) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Personnel Administration. For a state employee eligible to participate in a federally sponsored income protection program, and whose monthly salary as a state employee was higher than the sum of his or her military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 365 calendar days. (e) For purposes of this section, "state employee" means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state. (f) This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or Section 19775.17 of this code, or Section 395.08 of the Military and Veterans Code. (g) This section shall not apply to any active duty served after the close of the War on Terrorism. SEC. 3. 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 to provide benefits to state employees who have been called to serve on active duty for the War on Terrorism as soon as possible, it is necessary that this act take effect immediately.