BILL NUMBER: AB 179	CHAPTERED  08/06/01

	CHAPTER  149
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  MAY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 23, 2001

INTRODUCED BY   Assembly Member Shelley

                        FEBRUARY 6, 2001

   An act to amend Section 20432 of the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 179, Shelley.  Public employees' retirement:  local sheriffs.
   The Public Employees' Retirement Law defines  "local sheriff" for
purposes of prescribing benefits and contribution rates, to include
any officer or employee of a sheriff's office of a contracting
agency, except specified persons whose functions do not fall within
the scope of active law enforcement service.  Under existing law, the
provision defining "local sheriff" applies only to San Francisco
County.
   This bill would delete the above limitation thereby making the
provision applicable statewide.


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


  SECTION 1.  Section 20432 of the Government Code is amended to
read:
   20432.  (a) "Local sheriff" means any officer or employee of a
sheriff's office of a contracting agency, except one whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise, and whose functions do not clearly
come within the scope of active law enforcement service even though
the employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement
service, but not excepting persons employed and qualifying as deputy
sheriffs or equal or higher rank irrespective of the duties to which
they are assigned.
   (b)  "Local sheriff" does not include persons employed to perform
identification or communication duties other than persons in that
employment on August 4, 1972, who elected within 90 days thereafter
to be local safety members.  A contracting agency may elect by
amendment to its contract to include as "local sheriff" all persons
who were employed to perform identification or communication duties
on August 4, 1972, and who elect within 60 days of the effective date
of the contract amendment to be local safety members.  The election
shall apply to the person's past as well as future service in the
employment held on the effective date but shall not apply to service
following any subsequent acceptance of appointment to a position
other than that held on the effective date.  This subdivision shall
not apply to persons employed and qualified as deputy sheriffs or
equal or higher rank.
   (c) Any officer or employee who is a local sheriff as defined in
this section shall not be deemed to be a county peace officer, as
defined in Section 20436, for any purpose under this part.
   (d) This section shall not apply to the employees of any
contracting agency nor to any such agency unless and until the
contracting agency elects to be subject to the provisions of this
section by amendment to its contract with the board, made as provided
in Section 20474 or by express provision in its contract with the
board.