BILL NUMBER: AB 1963	CHAPTERED  08/01/08

	CHAPTER  219
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  JUNE 11, 2008
	AMENDED IN ASSEMBLY  APRIL 24, 2008

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 14, 2008

   An act to add Section 31482.5 to the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1963, Carter. Public employees' retirement: service credit.
   Existing law prohibits a person from receiving credit for the same
service in two retirement systems supported wholly or in part by
public funds, with specified exceptions. Existing law excepts from
this prohibition concurrent participation and credit for service in
the defined benefit plan provided by the Public Employees' Retirement
System (PERS) and a supplemental defined benefit plan offered by an
employer, provided that supplemental defined benefit plan meets
specified federal tax requirements and certain conditions exist. The
County Employees Retirement Law of 1937 permits a participant in
specified deferred compensation plans to participate also in a
retirement system established pursuant to its provisions.
   This bill would specify that a participant in a retirement system
established under the County Employees Retirement Law of 1937 is
permitted to concurrently participate in individual account
retirement plans and is permitted to concurrently participate in, and
to receive credit for service in, a supplemental defined benefit
program maintained by his or her employer, provided that the
supplemental program meets specified requirements.


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

  SECTION 1.  Section 31482.5 is added to the Government Code, to
read:
   31482.5.  (a) Notwithstanding any provisions to the contrary in
Section 20894, this section shall apply to all participants in
retirement systems governed by this chapter.
   (b) A person shall not receive credit for the same service in two
retirement systems supported wholly or in part by public funds under
any circumstance.
   (c) Nothing in this section shall preclude concurrent
participation and credit for service in a public retirement system
and in a deferred compensation plan that meets the requirements of
Section 457 of Title 26 of the United States Code, a tax-deferred
retirement plan that meets the requirements of Section 40l(k) of
Title 26 of the United States Code, or a defined contribution plan
and trust that meets the requirements of Section 401(a), 403(b), or
415(m) of Title 26 of the United States Code.
   (d) Nothing in this section shall preclude concurrent
participation and credit for service in the defined benefit plan
provided under this chapter and in a supplemental defined benefit
plan maintained by the employer that meets the requirements of
Section 401(a) of Title 26 of the United States Code, provided all of
the following conditions exist:
   (1) The defined benefit plan provided under this chapter has been
designated as the employer's primary plan for the person and the
supplemental defined benefit plan is adopted by the governing body of
the employer.
   (2) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer.
   (3) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this chapter.