BILL NUMBER: SB 1353	CHAPTERED  09/30/08

	CHAPTER  592
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  MAY 1, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 20, 2008

   An act to amend Section 19775.18 of the Government Code, relating
to state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1353, Negrete McLeod. State employees: military benefits.
   Existing law authorizes a state employee who is a member of the
California National Guard or a United States military reserve
organization to receive specified compensation benefits for a period
not to exceed 365 days if he or she is ordered to serve on active
duty on and after September 11, 2001, as a result of the War on
Terrorism. Existing law authorizes the Governor to extend these
benefits by executive order by up to an additional 365 days.
   This bill instead would authorize the Governor to extend these
benefits by executive order by up to an additional 1,460 days.


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

  SECTION 1.  Section 19775.18 of the Government Code is amended to
read:
   19775.18.  (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty on and after September 11,
2001, as a result of the War on Terrorism, shall have the benefits
provided for in subdivision (b).
   (b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event known as the War on Terrorism, as authorized pursuant to
Sections 12302 and 12304 of Title 10 of the United States Code, but
not for more than 365 calendar days, as part of his or her
compensation both of the following:
   (1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
   (2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
   (c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision does not apply to compensation received pursuant to
Section 19775.
   (d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 365
calendar days.
   (e) The Governor may, by executive order, extend the period of
time for the receipt of benefits provided pursuant to this section by
no more than an additional 1,460 calendar days.
   (f) (1) "Military pay and allowances" for the purposes of this
section does not include hazardous duty pay, hostile fire pay, or
imminent danger pay. A state employee is entitled to retain these and
any other special and incentive pay provided by the federal
government.
   (2) "State employee" for the purposes of this section means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
   (g) This section does not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.17 of this code, or Section 395.08 of the Military and Veterans
Code.
   (h) This section does not apply to any active duty served after
the close of the War on Terrorism.