BILL NUMBER: SB 183 CHAPTERED 06/19/02 CHAPTER 56 FILED WITH SECRETARY OF STATE JUNE 19, 2002 APPROVED BY GOVERNOR JUNE 19, 2002 PASSED THE SENATE JUNE 17, 2002 PASSED THE ASSEMBLY JUNE 13, 2002 AMENDED IN ASSEMBLY JUNE 10, 2002 AMENDED IN ASSEMBLY MAY 28, 2002 AMENDED IN ASSEMBLY MAY 6, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 AMENDED IN ASSEMBLY JULY 18, 2001 AMENDED IN SENATE JUNE 4, 2001 AMENDED IN SENATE APRIL 16, 2001 AMENDED IN SENATE MARCH 29, 2001 INTRODUCED BY Senator Burton FEBRUARY 6, 2001 An act to amend Sections 20300, 20405.1, and 20687 of, and to add Sections 19816.21, 21020.5, and 21363.8 to, the Government Code, and to amend Section 830.1 of the Penal Code, relating to state employees' retirement, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 183, Burton. State employees: retirement benefits. (1) Existing law authorizes members of the Public Employees' Retirement System to receive service credit for various types of service that are not otherwise eligible for service credit upon payment of specified additional contributions, which contributions are deposited in the Public Employees' Retirement Fund, a continuously appropriated special fund. This bill would authorize state and school members of the system and, if adopted by their contracting agencies, local members of the system to receive service credit for service performed with specified legislative, executive, and judicial fellowship programs, upon payment of specified additional contributions and subject to certain limitations. By increasing member contributions to the Public Employees' Retirement Fund, the bill would make an appropriation. (2) Under the Public Employees' Retirement Law, state employees classified as state safety members are entitled to generally higher benefits, and subject to higher contribution rates, than those employees classified as state miscellaneous members. Member contributions are deposited in the Public Employees' Retirement Fund, a continuously appropriated fund. Under this bill, a state employee who is (1) a member of State Bargaining Unit 7, (2) in a related managerial, supervisory, or confidential position, or (3) an officer or employee of the executive branch in a related position, subject to specified conditions, and who is classified as a state miscellaneous member would, as of July 1, 2004, become a state safety member, unless he or she elects to remain a miscellaneous member, as specified in existing law. By increasing member contributions to the Public Employees' Retirement Fund, the bill would make an appropriation. (3) The Public Employees' Retirement Law prescribes a 3% at age 50 retirement formula for state peace officer/firefighter members who are members of State Bargaining Unit 6 and who retire or die on or after January 1, 2006. This bill would additionally make the 3% at age 50 retirement formula applicable to state peace officer/firefighter members who are members of State Bargaining Unit 7 and who retire or die on or after July 1, 2004, and would make a related, technical change. (4) Under existing law, specified employees of the Department of Justice, among others, are defined as "peace officers" and, as such, may exercise certain powers, including the power of search, seizure, and arrest, and are state peace officer/firefighter members of the Public Employees' Retirement System. This bill would include the Attorney General in the definition of a "peace officer." Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19816.21 is added to the Government Code, to read: 19816.21. (a) Notwithstanding Sections 18717 and 19816.20, effective July 1, 2004, the following officers and employees, who are in the following classifications or positions on or after July 1, 2004, shall be state safety members of the Public Employees' Retirement System: (1) State employees in State Bargaining Unit 7 (Protective Services and Public Services) whose job classifications are subject to state miscellaneous membership in the Public Employees' Retirement System, unless otherwise excluded by a memorandum of understanding. (2) State employees in managerial, supervisory, or confidential positions that are related to the job classifications described in paragraph (1) and that are subject to state miscellaneous membership in the Public Employees' Retirement System, provided that the Department of Personnel Administration has approved their inclusion. (3) Officers and employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the job classifications described in paragraph (1) and that are subject to state miscellaneous membership in the Public Employees' Retirement System, provided that the Department of Personnel Administration has approved their inclusion. (b) The department shall notify the Public Employees' Retirement System of the classes or positions that become subject to state safety membership under this section, as prescribed in Section 20405.1. SEC. 2. Section 20300 of the Government Code is amended to read: 20300. The following persons are excluded from membership in this system: (a) Inmates of state or public agency institutions who are allowed compensation for the service they are able to perform. (b) Independent contractors who are not employees. (c) Persons employed as student assistants in the state colleges and persons employed as student aides in the special schools of the State Department of Education and in the public schools of the state. (d) Persons employed as teacher-assistants pursuant to Section 44926 of the Education Code. (e) Participants, other than staff officers and employees, in the California Conservation Corps. (f) Persons employed as participants in a program of, and whose wages are paid in whole or in part by federal funds in accordance with, Section 1501 et seq. of Title 29 of the United States Code. This subdivision does not apply with respect to persons employed in job classes that provide eligibility for patrol or safety membership or to the career staff employees of an employer. (g) All persons who are members in any teachers' retirement system, as to the service in which they are members of any teachers' retirement system. (h) Except as otherwise provided in this part, persons rendering professional legal services to a city, other than the person holding the office of city attorney, the office of assistant city attorney, or an established position of deputy city attorney. (i) A person serving the university as a teacher in university extension, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service. (j) A person serving a California State University as a teacher in extension service, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service. (k) A teacher or academic employee of the university or any California State University who is otherwise fully employed and who serves as a teacher or in an academic capacity in any summer session or intersession, for which he or she receives compensation specifically attributable to that service in summer session or intersession, with respect to that service. (l) A person who is employed under the California Senate Fellows, the Assembly Fellowship, the Judicial Administration Fellowship, or the Executive Fellowship programs. SEC. 3. Section 20405.1 of the Government Code is amended to read: 20405.1. Notwithstanding Section 20405, this section shall apply to state employees in state bargaining units that have agreed to these provisions in a memorandum of understanding between the state employer and the recognized employee organization, as defined in Section 3513, state employees who are excluded from the definition of "state employee" by subdivision (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service. (a) On and after the effective date of this section, state safety members shall also include officers and employees whose classifications or positions are found to meet the state safety criteria prescribed in Section 19816.20, provided the Department of Personnel Administration agrees to their inclusion, and officers and employees whose classifications or positions have been designated as subject to state safety membership pursuant to Section 19816.21. For employees covered by a collective bargaining agreement, the effective date of safety membership shall be the date on which the department and the employees' exclusive representative reach agreement by memorandum of understanding pursuant to Section 3517.5 or any later date specified in the memorandum of understanding. For employees not covered by a collective bargaining agreement, the Department of Personnel Administration shall determine the effective date of safety membership. (b) The department shall notify the board as new classes or positions become eligible for state safety membership, as specified in subdivision (a), and specify how service prior to the effective date shall be credited. (c) The department shall prepare and submit to the Legislature an annual report that contains the classes or positions that are eligible for state safety membership under this section. (d) Any person designated as a state safety member pursuant to this section may elect, within 90 days of notification by the board, to remain subject to the miscellaneous or industrial service retirement benefit and contribution rate by filing an irrevocable election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21076, 21353, or 21354.1, as applicable, only for service also included in the federal system. SEC. 4. Section 20687 of the Government Code is amended to read: 20687. (a) The normal rate of contribution for state peace officer/firefighter members subject to Section 21363, 21363.1, 21363.3, 21363.4, or 21363.8 shall be 8 percent of the compensation in excess of two hundred thirty-eight dollars ($238) per month paid to those members. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (c) The Director of the Department of Personnel Administration may establish the normal rate of contribution for a state employee who is excepted from the definition of "state employee" in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of the Department of Personnel Administration but shall be no earlier than the beginning of the pay period following the date the board receives notification. SEC. 5. Section 21020.5 is added to the Government Code, to read: 21020.5. (a) "Public service" also means time, on or after October 14, 1991, during which a person was employed under the California Senate Fellows, the Assembly Fellowship, or the Executive Fellowship programs, and time, on or after January 1, 2003, during which a person was employed under the Judicial Administration Fellowship program. (b) A member may elect at any time prior to retirement to receive service credit for that public service by making the contributions as specified in Sections 21050 and 21052. (c) This section shall not apply to any contracting agency nor to the employees of any contracting agency until the agency elects to be subject to this section by contract or by amendment to its contract made in the manner prescribed for approval of contracts. SEC. 6. Section 21363.8 is added to the Government Code, to read: 21363.8. (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for a state peace officer/firefighter member described in subdivision (c) who retires or dies on or after January 1, 2004, is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his or her retirement to equal 3 percent of his or her final compensation at retirement, multiplied by the number of years of state peace officer/firefighter service, as defined in subdivision (d), subject to this section with which he or she is credited at retirement. (b) For state peace officer/firefighter members, with respect to service for all state employers under this section, the current service pension and the combined current and prior service pension under this section may not exceed an amount that, when added to the service retirement annuity related to that service, equals 90 percent of final compensation. If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. (c) (1) This section shall apply to state peace officer/firefighter members under this part who, on or after January 1, 2004, are employed by the state and are members of State Bargaining Unit 7. (2) This section may also apply to state peace officer/firefighter members in managerial, supervisory, or confidential positions that are related to the members described in paragraph (1) and to officers or employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the members described in paragraph (1), if the Department of Personnel Administration has approved their inclusion in writing to the board. (d) (1) For purposes of this section, "state peace officer/firefighter service" means service performed by a state peace officer/firefighter member while a member of State Bargaining Unit 7. (2) That service may include state peace officer/firefighter service in managerial, supervisory, or confidential positions that are related to the members described in paragraph (1) or as officers or employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the members described in paragraph (1), provided the Department of Personnel Administration has approved their inclusion in writing to the board. (e) This section shall supersede Section 21363 or 21363.1, whichever is applicable, with respect to state peace officer/firefighter members subject to this section and state peace officer/firefighter service as defined herein. (f) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier ages of service retirement made possible by the benefits under this section. SEC. 7. Section 830.1 of the Penal Code is amended to read: 830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district (including police officers of the San Diego Unified Port District Harbor Police) authorized by statute to maintain a police department, any marshal or deputy marshal of a municipal court, any port warden or special officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: (1) As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer. (2) Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city or of the sheriff, or person authorized by him or her to give consent, if the place is within a county. (3) As to any public offense committed or which there is probable cause to believe has been committed in the peace officer's presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. (c) Any deputy sheriff of a county of the first class, and any deputy sheriff of the Counties of Riverside and San Diego, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.