BILL NUMBER: AB 369	CHAPTERED  10/12/03

	CHAPTER  861
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2003
	PASSED THE SENATE  SEPTEMBER 3, 2003
	AMENDED IN SENATE  AUGUST 27, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JUNE 26, 2003
	AMENDED IN ASSEMBLY  JUNE 3, 2003
	AMENDED IN ASSEMBLY  APRIL 29, 2003

INTRODUCED BY   Assembly Member Bermudez

                        FEBRUARY 14, 2003

   An act to add Section 21230 to the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 369, Bermudez.  Public employees' retirement:  employment after
retirement.
   Existing law generally requires a person who has retired under the
Public Employees' Retirement System to reinstate from retirement if
he or she is subsequently employed by an employer under the system.
However, existing law also exempts certain types of employment from
that requirement.
   This bill would authorize a safety member who is retired for
service, with at least 20 years of specified service, to serve,
without reinstatement from service retirement, as the superintendent,
deputy superintendent, or captain of a jail or other local
correctional facility that houses state inmates pursuant to a
long-term agreement, as specified, in a city that does not maintain a
municipal police department.


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


  SECTION 1.  Section 21230 is added to the Government Code, to read:

   21230.  (a) A safety member who is retired for service, with at
least 20 years of service in corrections or at a jail, may serve
without reinstatement from service retirement or loss or interruption
of benefits provided by this system upon appointment by a
contracting agency described in subdivision (b) to the position of
superintendent, deputy superintendent, or captain of a jail or other
adult correctional facility of the contracting agency to which state
inmates have been transferred pursuant to an agreement, having a term
of 20 years, described in Section 2910 or 2910.5 of the Penal Code.
Appointments under this section shall be reported to the board and
shall be accompanied by the resolution adopted by the governing body
of the contracting agency.
   (b) This section applies only if the appointing contracting agency
is a city that does not maintain a municipal police department.