BILL NUMBER: AB 3008	CHAPTERED  09/21/04

	CHAPTER  662
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JUNE 30, 2004
	AMENDED IN SENATE  JUNE 8, 2004
	AMENDED IN ASSEMBLY  MARCH 23, 2004

INTRODUCED BY   Assembly Member Chan

                        FEBRUARY 20, 2004

   An act to add and repeal Section 31485.11 of the Government Code,
relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3008, Chan.  County employees' retirement:  benefits.
   The County Employees Retirement Law of 1937 prohibits any
resolution, ordinance, contract, or contract amendment adopted after
January 1, 2004, from providing any retirement benefits for some, but
not all, general members of a county or district, except as
specified.  In San Mateo County, however, the board of supervisors
may provide any retirement benefits for some, but not all, general or
safety members of the county retirement system, as specified.
   This bill would authorize the board of supervisors in the Counties
of Alameda and Merced, until January 1, 2010, to provide different
retirement benefits for some safety member bargaining units of the
county retirement system, as specified.  Pursuant to these
provisions, the bill would permit agreements and memoranda of
understanding to be made applicable to certain unrepresented groups,
as specified.


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


  SECTION 1.  Section 31485.11 is added to the Government Code, to
read:
   31485.11.  (a) Notwithstanding any other provision of law, in a
county of the fourth class, as defined in Sections 28020 and 28025,
or a county of the 25th class, as defined in Sections 28020 and
28046, each as amended by Chapter 1204 of the Statutes of 1971, the
board of supervisors may, by resolution, ordinance, contract, or
contract amendment under this chapter, provide different retirement
benefits for some safety member bargaining units within the safety
member classification of a county retirement system.
   (b) The resolution, ordinance, contract, or contract amendment
described in subdivision (a) may provide a different formula for
calculation of retirement benefits, by making any section of this
chapter applicable to different safety bargaining units within the
safety member classification, applicable to service credit earned on
and after the date specified in the resolution, which date may be
earlier than the date the resolution is adopted.  The terms of an
agreement or memorandum of understanding reached with a recognized
employee organization, pursuant to this subdivision, may be made
applicable by the board of supervisors to any unrepresented group
within the same or similar membership classification as the employees
represented by the recognized employee organization or bargaining
unit.
   (c) A resolution adopted pursuant to this section may require
members to pay all or part of the contributions by a member or
employer, or both, that would have been required if the section or
sections specified in subdivision (b), as adopted by the board or
governing body, had been in effect during the period of time
designated in the resolution.  The payment by a member shall become
part of the accumulated contributions of the member.  For those
members who are represented by a bargaining unit, the payment
requirement shall be approved in a memorandum of understanding
executed by the board of supervisors and the employee
representatives.
   (d) This section shall only apply to members who retire on or
after the effective date of the resolution described in subdivision
(a) or (b) or on or after the date provided in the memorandum of
understanding described in subdivision (c).
   (e) The board of supervisors, in the resolution, ordinance,
contract, or contract amendment described in subdivision (a), shall
not require that a bargaining unit be divided solely for the purpose
of providing different retirement benefits.  However, if the members
of a bargaining unit within the same or similar membership
classification so elect, retirement benefits may be separately
negotiated with that bargaining unit.
   (f) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.