BILL NUMBER: AB 2023 CHAPTERED 09/30/02 CHAPTER 1152 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2002 APPROVED BY GOVERNOR SEPTEMBER 30, 2002 PASSED THE ASSEMBLY AUGUST 29, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 22, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN SENATE JUNE 18, 2002 AMENDED IN ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY APRIL 23, 2002 AMENDED IN ASSEMBLY APRIL 11, 2002 INTRODUCED BY Assembly Member Frommer (Principal coauthor: Assembly Member Diaz) (Coauthor: Assembly Member Cohn) FEBRUARY 15, 2002 An act to amend Sections 21151, 21537, 21540.5, 31469.1, 31469.3, 31470.2, 31787.5, and 31787.6 of, and to add Sections 20401.5, 20423.6, 22013.78, 31469.2, 31470.14, 45311, and 53217.6 to, the Government Code, relating to public employees' retirement, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2023, Frommer. Public employees' retirement: local safety members. Under existing law, attorneys in the offices of the Attorney General and the State Public Defender are state miscellaneous members of the Public Employees' Retirement System (PERS) and city and county prosecutors, public defenders, and public defender investigators are local miscellaneous members of PERS or general members of retirement systems established pursuant to the County Employees Retirement Law of 1937. Under existing law employees of contracting agencies of PERS classified as state or local safety members and employees of counties and districts classified as safety members under the County Employees Retirement Law of 1937 are entitled to generally higher benefits, and subject to higher contribution rates, than employees classified as miscellaneous or general members. Member contributions to PERS are deposited in the Public Employees' Retirement Fund, a continuously appropriated fund. Under existing law, persons employed in any policeman's or fireman's position, as defined, may be excluded from coverage under federal social security. This bill would authorize state prosecutors and state public defenders, as defined, to be included within the state safety member classification under PERS, if agreed to in a memorandum of understanding, as specified. The bill would also authorize contracting agencies and counties and districts to include employees who are or, on or after January 1, 2002, were local prosecutors, local public defenders, and local public defender investigators, as defined, within the local safety member classification under PERS, or within the safety member classification under the County Employees Retirement Law of 1937, and would authorize the exclusion of current employees in those positions from coverage under social security. The bill would require a local entity that elects to be subject to its provisions to include all local prosecutors, local public defenders, and local public defender investigators, but would authorize any of those members to elect not to become safety members. The bill would provide that prior service as a state prosecutor, state public defender, local prosecutor, local public defender, or local public defender investigator shall be deemed safety service, at the employer's cost, as specified. The bill would provide that state prosecutors, state public defenders, local public prosecutors, local public defenders, and local public defender investigators who are safety members shall be subject to retirement benefits applicable to safety members, except as specified, but may not be subject to industrial disability or special death benefits applicable to safety members, except as specified. The bill would make an appropriation by increasing the amount of employee contributions to the Public Employees' Retirement Fund. The bill would also authorize other city and county retirement systems to provide employees who are or, on or after January 1, 2002, were local prosecutors, local public defenders, and local public defender investigators, as defined, with the same benefits provided to safety members under their respective retirement systems, subject to a specified limitation. The bill would require an entity that elects to be subject to its provisions to include all local prosecutors, local public defenders, and local public defender investigators, but would authorize any of those members to elect not to be subject to those benefits. The bill would declare the Legislature's intent to recognize the public obligation to provide all local prosecutors, local public defenders, and local public defender investigators in the state with commensurate retirement benefits. The bill would also state that its provisions are severable, and would set forth the findings and declarations of the Legislature. The bill would incorporate additional changes to Section 21151 of the Government Code proposed by SB 1984, to take effect if both bills are enacted and become effective on or before January 1, 2003, and this bill is enacted last. This bill would make certain of its provisions operative only if SB 362 is enacted, as specified. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) As a matter of statewide importance, the safety and welfare of the people of California require that California's state and local prosecutors, state and local public defenders, and local public defender investigators be included in the safety retirement system in order to ensure that the highest quality of attorneys and investigators be attracted to, and retained in, these positions of public service, and in order to ensure that the administration of justice in the California criminal justice system is of the highest caliber and integrity. (b) There is a public obligation of statewide importance to ensure that state and local prosecutors, state and local public defenders, and local public defender investigators, who are exposed to more than ordinary physical risks and mental stress in the performance of their duties, shall be uniformly classified for retirement purposes commensurate with the risks and stress of their positions. (c) As a matter of statewide importance, it is necessary to ensure that state and local prosecutors, state and local public defenders, and local public defender investigators, who are incapacitated in the performance of their duties or by age, be replaced by the most qualified attorneys and investigators. (d) To these ends, it is the intent of the Legislature in enacting this act that state and local prosecutors, state and local public defenders, and local public defender investigators be provided with a retirement classification and retirement benefits commensurate to those provided to law enforcement personnel who receive safety retirement, and that these statutes be liberally construed to enable local legislative bodies, including charter bodies, to implement the provisions of this legislation to achieve the purposes set forth in this section. SEC. 2. Section 20401.5 is added to the Government Code, to read: 20401.5. (a) "State safety member" also includes state prosecutors and state public defenders. (b) For purposes of this part, "state prosecutor" means a state officer or employee who meets all of the following criteria: (1) He or she is employed by the Department of Justice, Office of the Attorney General. (2) His or her job classification is Chief Assistant Attorney General, Senior Assistant Attorney General, Supervising Deputy Attorney General, Deputy Attorney General, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). (c) For purposes of this part, "state public defender" means a state officer or employee who meets all of the following criteria. (1) He or she is employed by the Office of the State Public Defender. (2) His or her job classification is State Public Defender, Senior Deputy State Public Defender, Supervising Deputy State Public Defender, Deputy State Public Defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). (d) Past state miscellaneous service performed by a state prosecutor or state public defender who becomes a state safety member pursuant to this section shall be converted to state safety service if the past service was rendered in a position that has subsequently been reclassified as a state safety position pursuant to this section. Any unfunded liability resulting from this section shall be paid by the employer. (e) Notwithstanding any other provision of this part, state prosecutors and state public defenders shall be subject to the benefit formula contained in Section 21369.1, or any other benefit formula applicable to state safety members that does not provide benefits greater than those benefits provided under Section 21363.1. (f) This section does not apply to any officers or employees described in subdivision (b) or (c) who are members of State Bargaining Unit 2 unless and until the state employer and the bargaining unit elect to be subject to this section by amendment to or by express provision in a memorandum of understanding entered into between the parties. (g) This section does not apply to any officer or employee described in subdivision (b) or (c) who dies prior to the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). SEC. 3. Section 20423.6 is added to the Government Code, to read: 20423.6. (a) "Local safety member" also includes local prosecutors, local public defenders, and local public defender investigators. (b) For purposes of this part, "local prosecutor" means any one of the following: (1) A county officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the district attorney. (B) His or her job classification is or, on or after January 1, 2002, was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) His or her effective date of retirement is on or after the date this section becomes applicable to the member's contracting agency as provided in subdivision (g). (2) A county officer or employee who meets all of the following criteria: (A) He or she was employed in the office of a district attorney prior to the date the local child support agency transitioned from the district attorney to a new county department, as specified in Section 17304 of the Family Code. (B) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) He or she is or, on or after January 1, 2002, was an attorney in a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, with no break in service between employment by a district attorney and the local child support agency. (D) His or her effective date of retirement is on or after the date this section becomes applicable to the member's contracting agency as provided in subdivision (g). (3) A city officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the city attorney. (B) He or she is or, on or after January 1, 2002, was primarily engaged in the active enforcement of criminal laws within any court operating in a county. (C) His or her job classification is or, on or after January 1, 2002, was city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, or any other similar classification or title. (D) His or her effective date of retirement is on or after the date this section becomes applicable to the member's contracting agency as provided in subdivision (g). (c) For purposes of this part, "local public defender" means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any similar office title. (2) His or her job classification is or, on or after January 1, 2002, was public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date this section becomes applicable to the member's contracting agency as provided in subdivision (g). (d) For purposes of this part, "local public defender investigator" means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any other similar office title. (2) His or her job classification is or, on or after January 1, 2002, was inspector, investigator, detective, or any other similar classification or title. (3) His or her principal duties are or, on or after January 1, 2002, were to investigate crime and criminal cases. (4) His or her effective date of retirement is on or after the date this section becomes applicable to the member's contracting agency as provided in subdivision (g). (e) Notwithstanding Section 20890, past local miscellaneous service performed by a local prosecutor, local public defender, or local public defender investigator who becomes a local safety member pursuant to this section shall be converted to local safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b), service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for the purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (f) Notwithstanding any other provision of this part or any provision of the contracting agency's contract with the board, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 21362, 21363, or 21363.1, or any other benefit formula applicable to local safety members that does not provide benefits greater than those benefits provided under Section 21363.1, as designated in the contract amendment or express contract provision described in subdivision (g). (g) This section shall not apply to any officers and employees of a contracting agency or to the agency unless and until the contracting agency elects to be subject to 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. If a contracting agency elects to be subject to this section, the contracting agency shall include all local prosecutors, local public defenders, and local public defender investigators described in this section. (h) This section does not apply to any officer or employee of a contracting agency who dies prior to the date the contracting agency elects to be subject to this section. SEC. 4. Section 21151 of the Government Code is amended to read: 21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. (b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract. (c) This section also applies to state miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473), and state miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665), and state miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047. (d) This section does not apply to local safety members described in Section 20423.6, unless this section has been made applicable to local miscellaneous members pursuant to subdivision (b). (e) This section does not apply to state safety members described in Section 20401.5. SEC. 4.5. Section 21151 of the Government Code is amended to read: 21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. (b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract. (c) This section also applies to all of the following: (1) State miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473). (2) State miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665). (3) State miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047. (4) State miscellaneous members in State Bargaining Unit 12 employed by the Department of Transportation. (d) This section does not apply to local safety members described in Section 20423.6, unless this section has been made applicable to local miscellaneous members pursuant to subdivision (b). (e) This section does not apply to state safety members described in Sections 20401.5. SEC. 5. Section 21537 of the Government Code is amended to read: 21537. (a) The special death benefit is payable if the deceased was a patrol, state peace officer/firefighter, state safety, state industrial, or local safety member, if his or her death was industrial and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers' Compensation Appeals Board, using the same procedures as in workers' compensation hearings, shall in disputed cases determine whether the death of a member was industrial. (b) The jurisdiction of the Workers' Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section shall not be construed to authorize the Workers' Compensation Appeals Board to award costs against this system pursuant to Section 4600, 5811, or any other provision of the Labor Code. (c) This section does not apply to state safety members described in Section 20401.5 or local safety members described in Section 20423.6. SEC. 6. Section 21540.5 of the Government Code is amended to read: 21540.5. (a) The special death benefit is also payable if the deceased was a state, school, or local miscellaneous member or a local safety member described in Section 20423.6 if the death of the member was a direct consequence of a violent act perpetrated on his or her person that arose out of and was in the course of his or her official duties and there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers' Compensation Appeals Board, using the same procedure as in workers' compensation hearings, shall, in disputed cases determine whether the member's death was a direct consequence of a violent act perpetrated on his or her person that arose out of and in the course of his or her official duties. (b) A natural parent of surviving children eligible to receive an allowance payable under this section is not required to become the guardian of surviving unmarried children under 18 years of age in order to be paid the benefits prescribed for those children. (c) The jurisdiction of the Workers' Compensation Appeals shall be limited solely to the issue of industrial causation, and this section may not be construed to authorize the Workers' Compensation Appeals Board to award costs against this system pursuant to Section 4600 or 5811 or any other provision of the Labor Code. (d) This section does not apply to a contracting agency nor its employees unless and until the agency elects to be subject to it by amendment to its contract made in the manner prescribed for approval of contracts, or in the case of a new contract, by express provision of the contract. SEC. 7. Section 22013.78 is added to the Government Code, to read: 22013.78. "Policeman" as used in this part also includes persons currently employed in classifications listed in Sections 20401.5, 20423.6, and 31469.2 for purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). SEC. 8. Section 31469.1 of the Government Code is amended to read: 31469.1. (a) "County peace officer" means the sheriff and any officer or employee of the sheriff's office of a county employed and qualifying as a constable or deputy constable or marshal or deputy marshal or deputy sheriff or equal or higher rank, irrespective of the duties to which that person may be assigned, excepting, however, those employees whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic. (b) Any other provision in the Government Code to the contrary notwithstanding, "county peace officer" shall also include and mean any inspectors, detectives and investigators employed by the district attorney, whose principal duties are to investigate crime and criminal cases and to receive regular compensation for that service. (c) "County peace officer" does not include a local prosecutor, local public defender, or local public defender investigator, as defined in Section 31469.2. SEC. 9. Section 31469.2 is added to the Government Code, to read: 31469.2. (a) For purposes of this chapter, "local prosecutor" means any one of the following: (1) A county officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the district attorney. (B) His or her job classification is or, on or after January 1, 2002, was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (2) A county officer or employee who meets all of the following criteria: (A) He or she was employed in the office of a district attorney prior to the date the local child support agency transitioned from the district attorney to a new county department, as specified in Section 17304 of the Family Code. (B) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) He or she is or, on or after January 1, 2002, was an attorney in a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, with no break in service between employment by a district attorney and the local child support agency. (D) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (3) A city officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the city attorney. (B) He or she is or, on or after January 1, 2002, was primarily engaged in the active enforcement of criminal laws within any court operating in a county. (C) His or her job classification is or, on or after January 1, 2002, was city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, or any other similar classification or title. (D) His or her effective date or retirement is on or after the date Section 31470.14 becomes applicable in the county. (b) For purposes of this chapter, "local public defender" means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any similar office title. (2) His or her job classification is or, on January 1, 2002, was public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (c) For purposes of this chapter, "local public defender investigator" means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any other similar office title. (2) His or her job classification is or, on or after January 1, 2002, was inspector, investigator, detective, or any other similar classification or title. (3) His or her principal duties are or, on or after January 1, 2002, were to investigate crime and criminal statutes. (4) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. SEC. 10. Section 31469.3 of the Government Code is amended to read: 31469.3. "Safety member" means any person who is any of the following: (a) A member of a pension system established pursuant to either Chapter 4 or Chapter 5, who elects by written notice filed with the board, to become a safety member. (b) Any person employed by a county, subject to Section 31676.1 or 31695.1 or by a district or court organized or existing within such a county, whose principal duties consist of active law enforcement or active fire suppression as described in Section 31470.2 and 31470.4, or active lifeguard service as limited by Section 31470.6 or juvenile hall group counseling and group supervision if adopted by the board of supervisors as provided in Section 31469.4. (c) Any person described in Section 31469.2 in any county in which Section 31470.14 has become operative. SEC. 11. Section 31470.2 of the Government Code is amended to read: 31470.2. (a) All sheriffs, undersheriffs, chief deputies sheriff, jailers, turnkeys, deputies sheriff, bailiffs, constables, deputies constable, motorcycle officers, aircraft pilots, heads and assistant heads of all divisions of the office of the sheriff, detectives and investigators in the office of the district attorney, marshals, court service officers only in a county of the third class, as defined in Sections 28020 and 28024, and all regularly appointed deputy marshals are eligible. (b) In a county of the eighth class, as defined in Sections 28020 and 28029, both as amended by Chapter 1204 of the Statutes of 1971, all peace officers in the Park Ranger class series in the Department of Regional Parks, Recreation, and Open Space are eligible. This subdivision shall not be operative until such time as the county board of supervisors shall, by resolution adopted by a majority vote, make this subdivision applicable in the county. (c) Local prosecutors, local public defenders, and local public defender investigators are eligible if the county board of supervisors adopts a resolution by a majority vote making this subdivision and Section 31470.14 applicable in the county. SEC. 12. Section 31470.14 is added to the Government Code, to read: 31470.14. (a) Local prosecutors, local public defenders, and local public defender investigators are eligible. (b) Except as provided in subdivision (c) and notwithstanding Sections 31639.7 and 31639.75, past service as a general member shall be converted to safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section. For local prosecutors, as described in paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. (c) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the county, or on the first day of the calendar month following his or her entrance into service, whichever is later, a local prosecutor, local public defender, or local public defender investigator may file a written election not to become a local safety member pursuant to this section. (d) Notwithstanding any other provision of this chapter, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 31664 or 31664.2, or any other benefit formula applicable to safety members that does not provide benefits greater than those benefits provided under Section 31664.2, as designated in the resolution described in subdivision (e). A local prosecutor, local public defender, or local public defender investigator shall not be deemed to be a county peace officer, as defined in Section 31469.1, for any purpose under this chapter. (e) This section shall not be operative in a county unless and until the board of supervisors, by resolution adopted by majority vote, makes this section operative in the county. A resolution to make this section operative in the county shall include all local prosecutors, local public defenders, and local public defender investigators described in Section 31469.2. (f) A provision in a memorandum of understanding that an employer is not obligated to meet and confer regarding wages, hours, or conditions of employment during the term of the memorandum shall not be construed to preclude meetings regarding the provisions of this section between an employer and local prosecutors, local public defenders, and local public defender investigators prior to the expiration of the term of the memorandum of understanding. (g) This section does not apply to any person described in Section 31469.2 who dies prior to the date this section becomes applicable in the county. SEC. 12.5. Section 31470.14 is added to the Government Code, to read: 31470.14. (a) Local prosecutors, local public defenders, and local public defender investigators are eligible. (b) Except as provided in subdivision (c) and notwithstanding Sections 31639.7 and 31639.75, past service as a general member shall be converted to safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section. For local prosecutors, as described in paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. (c) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the county, or on the first day of the calendar month following his or her entrance into service, whichever is later, a local prosecutor, local public defender, or local public defender investigator may file a written election not to become a local safety member pursuant to this section. (d) Notwithstanding Section 31485.9 or any other provision of this chapter, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 31664 or 31664.2, or any other benefit formula applicable to safety members that does not provide benefits greater than those benefits provided under Section 31664.2, as designated in the resolution described in subdivision (e). A local prosecutor, local public defender, or local public defender investigator shall not be deemed to be a county peace officer, as defined in Section 31469.1, for any purpose under this chapter. (e) This section shall not be operative in a county unless and until the board of supervisors, by resolution adopted by majority vote, makes this section operative in the county. A resolution to make this section operative in the county shall include all local prosecutors, local public defenders, and local public defender investigators described in Section 31469.2. (f) A provision in a memorandum of understanding that an employer is not obligated to meet and confer regarding wages, hours, or conditions of employment during the term of the memorandum shall not be construed to preclude meetings regarding the provisions of this section between an employer and local prosecutors, local public defenders, and local public defender investigators prior to the expiration of the term of the memorandum of understanding. (g) This section does not apply to any person described in Section 31469.2 who dies prior to the date this section becomes applicable in the county. SEC. 13. Section 31787.5 of the Government Code is amended to read: 31787.5. (a) A surviving spouse of a member who is killed in the performance of duty or who dies as the result of an accident or an injury caused by external violence or physical force, incurred in the performance of the member's duty, now or hereafter entitled to receive a death allowance under Section 31787, shall be paid an additional amount for each of the member's children during the lifetime of the child, or until the child marries or reaches the age of 18 years, as follows, subject to the limitation in subdivision (b): (1) For one child, twenty-five percent (25%) of the allowance provided in Section 31787. (2) For two children, forty percent (40%) of the allowance provided in Section 31787. (3) For three or more children, fifty percent (50%) of the allowance provided in Section 31787. (b) If a benefit payable under this section, when added to a benefit payable under Section 31787, exceeds the maximum benefit payable by a tax-qualified pension plan under the Internal Revenue Code (26 U.S.C.A. Sec. 401 et. seq.), the benefit payable under this section shall be reduced to the amount required to meet that benefit limit. (c) If the surviving spouse does not have legal custody of the member's children, the allowance provided by this section shall be payable to the person to whom custody of the children has been awarded by a court of competent jurisdiction for each child during the lifetime of the child, or until the child marries or reaches the age of 18 years. (d) The allowance provided by this section shall be payable to the surviving spouses of members whose duties consist of active law enforcement or active fire suppression or any other class or group of members as the retirement board shall fix. The allowance provided by this section is not payable to the surviving spouses of members described in Section 31469.2. (e) Any child whose eligibility for an allowance pursuant to this section commenced on or after October 1, 1965, shall lose that eligibility effective on the date of his or her adoption. (f) This section shall become operative in any county, which has adopted the provisions of this chapter but which has not previously adopted the provisions of this section on October 1, 1965. Each surviving spouse of a member or other person having legal custody of a member's child or children who is paid an additional amount for each of the member's children because of the amendments to this section enacted at the 1965 or 1967 Regular Session shall receive those payments as they accrue from and after October 1 of the year during which this section was amended to provide for the payment to him or her of that allowance, but the surviving spouse or other person shall not be given a claim for any increase in those benefits for a time prior to that date. (g) Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to those children through the age of 21 years if the children remain unmarried and are regularly enrolled as full-time students in an accredited school as determined by the board. SEC. 14. Section 31787.6 of the Government Code is amended to read: 31787.6. A surviving spouse of a safety member who is killed in the performance of duty or who dies as the result of an accident or injury caused by external violence or physical force, incurred in the performance of his duty, shall be paid the following amount in addition to all other benefits provided by this chapter: A one-time lump-sum benefit equal to an amount, provided from contributions by the county or district, equal to the annual compensation earnable by the deceased at his monthly rate of compensation at the time of his death. This section is not applicable to members described in Section 31469.2. SEC. 15. Section 45311 is added to the Government Code, to read: 45311. (a) It is the intent of the Legislature in enacting this section to recognize a public obligation to all those whose duties as local prosecutors, local public defenders, and local public defender investigators expose them to more than ordinary risks in their contribution to an effective statewide criminal justice system and to ensure that those who serve as local prosecutors, local public defenders, and local public defender investigators and who become incapacitated in the performance of their duties or by age may be replaced by more capable employees and shall receive pension benefits commensurate with those received by local prosecutors, local public defenders, and local public defender investigators in other jurisdictions within the state. (b) The ordinance shall provide that the officers and employees of the city whose positions meet or, on or after January 1, 2002, met the criteria of a local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, shall be accorded those pension benefits accorded to safety members under the retirement system of the city. Notwithstanding the foregoing, the pension benefits accorded to a local prosecutor, local public defender, or local public defender investigator may not be greater than those benefits provided to local safety members of the Public Employees' Retirement System under Section 21363.1 or safety members of a county retirement system under Section 31664.2. (c) Except as provided in subdivision (e) and notwithstanding any other provision of this chapter, past service shall be converted to safety service, if the past service was rendered in a position that has been made subject to safety benefits pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b) of Section 20423.6, and paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (d) This section shall apply only to a person whose effective date of retirement is on or after the date this section becomes operative in the city. (e) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the city, or on the first day of the calendar month following his or her entrance into service, whichever is later, any local prosecutor, local public defender, or local public defender investigator may file a written election not to become subject to the pension benefits accorded to safety members under the retirement system of the city. (f) This section shall not be operative in a city unless and until the city council or board of supervisors, by ordinance adopted by majority vote, makes this section operative in the city. A resolution to make this section operative in the city shall include all local prosecutors, local public defenders, and local public defender investigators as described in Section 20423.6 or 31469.2. (g) This section does not apply to any local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, who dies prior to the date this section becomes operative in the city. SEC. 16. Section 53217.6 is added to the Government Code, to read: 53217.6. (a) It is the intent of the Legislature in enacting this section to recognize a public obligation to all those whose duties as local prosecutors, local public defenders, and local public defender investigators expose them to more than ordinary risks in their contribution to an effective statewide criminal justice system and to ensure that those who serve as local prosecutors, local public defenders, and local public defender investigators and who become incapacitated in the performance of their duties or by age may be replaced by more capable employees and shall receive pension benefits commensurate with those received by local prosecutors, local public defenders, and local public defender investigators in other jurisdictions within the state. (b) Notwithstanding any other provision of law, the pension trust benefits of any officer or employee of any city, including a charter city, county, including a charter county, or city and county whose positions meet or, on or after January 1, 2002, met the criteria of a local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, shall be those pension trust benefits accorded to safety members of the applicable county sheriff's department or the applicable police or fire department of the public agency. Notwithstanding the foregoing, the pension trust benefits accorded to a local prosecutor, local public defender, or local public defender investigator may not be greater than those benefits provided to local safety members of the Public Employees' Retirement System under Section 21363.1 or safety members of a county retirement system under Section 31664.2. (c) Except as provided in subdivision (e) and notwithstanding any other provision of this chapter, past service shall be converted to safety service, if the past service was rendered in a position that has been made subject to safety benefits pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b) of Section 20423.6, and paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (d) This section shall apply only to a person whose effective date of retirement is on or after the date this section becomes operative in the city, including a charter city, county, including a charter county, or city and county. (e) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the city, including a charter city, county, including a charter county, or city and county, or on the first day of the calendar month following his or her entrance into service, whichever is later, any local prosecutor, local public defender, or local public defender investigator may file a written election not to become subject to the pension benefits accorded to safety members under the retirement system of the city, including a charter city, county, including a charter county, or city and county. (f) This section shall not be operative in a city, including a charter city, county, including a charter county, or city and county unless and until the city council or board of supervisors, by ordinance or resolution adopted by majority vote, makes this section operative in the city, county, or city and county. A resolution to make this section operative shall include all local prosecutors, local public defenders, and local public defender investigators as described in Section 20423.6 or 31469.2. (g) This section does not apply to any local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, who dies prior to the date this section becomes operative in the city, county, or city and county. SEC. 17. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 18. Section 12.5 of this bill shall become operative only if SB 362 is enacted and becomes effective on or before January 1, 2003, and adds Section 31485.9 to the Government Code, in which case Section 12 of this bill shall not become operative. SEC. 19. Section 4.5 of this bill incorporates amendments to Section 21151 of the Government Code proposed by both this bill and SB 1984. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2003, (2) each bill amends Section 21151 of the Government Code, and (3) this bill is enacted after SB 1984, in which case Section 4 of this bill shall not become operative.