BILL NUMBER: AB 1651	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 2, 2010

INTRODUCED BY   Assembly Member De La Torre

                        JANUARY 13, 2010

   An act to add Section  20960.1   20969.2
 to the Government Code, relating to public retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1651, as amended, De La Torre. Public Employees' Retirement
Law: furloughs: retirement credit.
   The Public Employees' Retirement Law provides retirement benefits
based upon a member's final compensation and years of credited
service. That law provides that members in the personal leave program
shall receive credit for service that would have been credited had
the employee not been in the personal leave program.
   This bill would provide that the calculations for retirement
allowances  ,  under the Public Employees' Retirement Law
 ,  for  specified local safety members and 
members  that   who  are employees of
specified educational entities  and  who are subject to
mandatory furloughs shall include, as credit for service and
compensation, the amount of service and compensation that would have
been credited and paid had the member not been subject to mandatory
furloughs  on or after July 1, 2008, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section  20960.1   20969.2 
is added to the Government Code, to read:
    20960.1.   20969.2.   (a) For all
retirement purposes, including benefit eligibility and calculations
of retirement allowances for a member employed by a county office of
education, a school district, a school district that is a contracting
agency,  or  a community college district  , or
a local safety member, as defined in Section 20420,  that is
subject to mandatory furloughs, the member's credit for service and
compensation earnable shall include the amount of service that would
have been credited and the compensation earnable that would have been
reported had that member not been subject to a mandatory furlough.
   (b) For the purposes of this section, "mandatory furlough"
includes any time period  on or after July 1, 2008,  during
which a member is directed to be absent from work without pay on the
day or days designated by their employer or by a memorandum of
understanding by the parties entered into on or after July 1, 2008.
   (c) An employer of a member identified in subdivision (a) shall
notify the board and  , if applicable,  the county
superintendent of schools of the terms and conditions of any
mandatory furlough, including, but not limited to, the amount of
mandatory furlough time imposed on members during a reporting period,
and the date on which the mandatory furlough ends. The employer and
 , if applicable, the  county superintendent of schools
shall provide any additional information as the board may require to
implement this section.