BILL NUMBER: AB 2366	CHAPTERED  07/24/06

	CHAPTER  120
	FILED WITH SECRETARY OF STATE  JULY 24, 2006
	APPROVED BY GOVERNOR  JULY 24, 2006
	PASSED THE SENATE  JUNE 26, 2006
	PASSED THE ASSEMBLY  MAY 15, 2006
	AMENDED IN ASSEMBLY  MAY 10, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Sharon Runner

                        FEBRUARY 23, 2006

   An act to add Section 31680.8 to the Government Code, relating to
county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2366, Sharon Runner  County employees' retirement:
reinstatement of county retirees.
   Under the County Employees Retirement Law, if a county board of
supervisors adopts a resolution by majority vote, a safety member of
a county or district within that county may be required to retire at
a specified age. That law permits a retired member to be reemployed
by the county or a district and reinstated to active membership in
the retirement system, as specified. That law requires the retirement
system to cancel the retirement allowance of the member as of the
date of reemployment of that member. That law permits the member to
earn an additional retirement benefit for that period of service
after the reinstatement and reemployment of the member. That law
further provides that the retirement allowance of the member resumes
only upon the subsequent termination of employment by that member.
   This bill would additionally permit a retired safety member in Los
Angeles County who was required to retire because of age to be
reemployed by the county and reinstated to active membership, as
specified. This bill would permit that safety member to earn an
additional retirement benefit for the period of service after
reinstatement and reemployment pursuant to the formula applicable to
that member prior to his or her reinstatement.


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


  SECTION 1.  Section 31680.8 is added to the Government Code, to
read:
   31680.8.  (a) Notwithstanding any other provision of law, a safety
member who was required to retire for service because of age during
the operative dates of, and as described in, Section 31662.4,
31662.6, 31662.8, or 31663, may be reemployed by the county in the
same position that he or she retired from and be reinstated to active
membership upon all of the following:
   (1) His or her application to the board for reinstatement to
active membership.
   (2) The determination of the board, based on medical advice, that
the member is not incapacitated for the duties of the position
assigned to him or her.
   (b) The member shall be reinstated to active membership in the
plan or tier that he or she retired from, effective the first day of
the month following the date of reemployment, and his or her
membership shall be the same as if unbroken by retirement.
Notwithstanding any other provision of law, the credited service of
the member rendered both before and after reinstatement shall be
included for the purpose of determining the eligibility of the member
for benefits under this chapter.
   (c) Upon reemployment pursuant to this section, the retirement
allowance of the member shall be cancelled. Upon the subsequent
termination of the member from employment, the retirement allowance
of the member shall be recalculated on the basis of the credited
service rendered both before and after reinstatement pursuant to the
formula applicable to the member prior to reinstatement.
Notwithstanding any other provision of law, the reinstatement rights
conferred by this section shall not entitle a person to a retirement
right or benefit that exceeds the limitations in the Internal Revenue
Code that apply to public retirement systems.
   (d) Upon reinstatement pursuant to this section, the rate of
contribution of the member shall be based on the same age at entry
that was used in calculating the contribution rate of the member
during his or her original period of employment.
   (e) This section shall apply only to a county of the first class
as described in Section 28020 and shall not become operative in that
county until the board of supervisors, by resolution adopted by
majority vote, makes this section operative in that county.