BILL NUMBER: SB 1007	CHAPTERED  09/29/05

	CHAPTER  382
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2005
	PASSED THE SENATE  SEPTEMBER 7, 2005
	PASSED THE ASSEMBLY  AUGUST 31, 2005
	AMENDED IN ASSEMBLY  AUGUST 25, 2005
	AMENDED IN SENATE  APRIL 6, 2005

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 22, 2005

   An act to amend Section 71 of Chapter 67 of the Statutes of 1962,
First Extraordinary Session, relating to port districts, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1007, Ducheny  San Diego Unified Port District Act: retirement
and disability benefits.
   The existing San Diego Unified Port District Act establishes the
San Diego Unified Port District, prescribes the powers and duties of
the district, and provides for the transfer to the district of
specified tidelands and lands lying under inland navigable waters in
San Diego. The act requires that all employees of San Diego County or
any city within the county who are performing duties in connection
with the Port of San Diego or the respective harbor departments, be
considered as employees of the district, and authorizes the district
to contract with the State Employees' Retirement System and provide
retirement and disability benefits for employees under the State
Employees' Retirement System, pursuant to its rules and regulations.
The act further authorizes the district to continue, by contract,
those employees of the district who are covered as members of the
system of which they were members while they were employees of the
respective cities.
   This bill would revise those provisions governing employee
retirement and disability benefits to also authorize the district to
contract with any other employee retirement and disability system, or
to establish an independent employee retirement and disability
system pursuant to certain provisions authorizing the legislative
body of a local agency to establish a pension trust funded by
individual life insurance contracts, individual annuities, group
policies of life insurance, or group annuities, or any combination of
those.
   The bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  Section 71 of Chapter 67 of the Statutes of 1962, First
Extraordinary Session, is amended to read:
   SEC. 71.  (a) Upon the establishment of the district, all persons
then occupying the several offices of or under the government, of the
county and each of the cities included therein, except as otherwise
provided, whose several powers and duties are within the powers of
the district or within the powers or duties of the several officers
thereof, shall immediately quit and surrender the occupancy or
possession of those offices, which shall thereupon cease and
determine, except as to any persons who have powers and perform
duties for the county and the cities other than those mentioned,
whose offices shall not cease and determine as to those other powers
and duties, but shall continue with respect thereto the same as if
the district had not been established.
   (b) Notwithstanding subdivision (a), all employees of the county
and any city performing duties in connection with the Port of San
Diego or the respective harbor departments shall be blanketed in as
employees of the district.
   (c) The district may do all of the following with respect to
retirement and disability benefits for its employees:
   (1) Contract with the State Employees' Retirement System and
provide retirement and disability benefits for employees under the
State Employees' Retirement System pursuant to its rules and
regulations.
   (2) Contract with any city included within the district that has a
retirement system for retirement and disability benefits for
district employees.
   (3) Contract with any other employee retirement and disability
system.
   (4) Establish an independent employee retirement and disability
system pursuant to Article 1.5 (commencing with Section 53215) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.

   (5) By contract, continue those employees of the district so
blanketed in, as members of the retirement system of which they were
members while they were employees of the respective cities.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Because of the financial uncertainty of the City of San Diego and
because the city is currently under contract with the San Diego
Unified Port District to provide that district's retirement and
disability benefits, it is critical that the district be granted the
power provided by this act to make decisions to ensure the long-term
stability of the district's retirement and disability benefit systems
at the earliest possible time.