BILL NUMBER: AB 1667 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 1, 2010
PASSED THE ASSEMBLY MAY 20, 2010
AMENDED IN ASSEMBLY MAY 6, 2010
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 2, 2010
INTRODUCED BY Assembly Member Swanson
JANUARY 20, 2010
An act to add Section 31485.16 to the Government Code, relating to
public employment, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1667, Swanson. Public employment: County of Alameda.
The County Employees Retirement Law of 1937 authorizes, until
January 1, 2011, the board of supervisors of the Counties of Solano
and Santa Barbara to, by resolution, ordinance, contract, or contract
amendment, provide different retirement benefits for some safety
member bargaining units within the safety member classification of a
county retirement system, as specified.
This bill would authorize the Board of Supervisors of the County
of Alameda, by resolution adopted by majority vote as part of any
negotiated memorandum of understanding with a bargaining unit that
represents safety employees, to require a safety employee of that
bargaining unit or unrepresented safety employee hired after approval
of the resolution, to elect in writing a permanent choice between 2
specified pension calculations, as specified. The bill would also
authorize the board to adopt a resolution by majority vote to provide
a different formula or calculation of retirement benefits for new
members of other safety bargaining units or other unrepresented
safety employees hired after approval of the resolution, as
specified, or to provide a different formula or calculation of safety
retirement benefits for new safety members in one bargaining unit
than that which is provided for new safety members of other
bargaining units or new unrepresented safety members.
The bill would also specify that the board shall not require that
a bargaining unit be divided solely for the purpose of providing
different retirement benefits. The bill would authorize the board to
separately negotiate retirement benefits with a bargaining unit if
the members of that bargaining unit so elect.
This 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 31485.16 is added to the Government Code, to
read:
31485.16. (a) Notwithstanding any other provision of this
chapter, in a county of the fourth class, as defined in Sections
28020 and 28025, as amended by Chapter 1204 of the Statutes of 1971,
the board of supervisors may, by resolution adopted by majority vote,
as part of any negotiated memorandum of understanding with a
bargaining unit that represents safety employees, require a safety
employee of that bargaining unit or unrepresented safety employee
hired after approval of the resolution, to elect in writing, either
the pension calculation stated in Section 31664 or the pension
calculation stated in Section 31664.2. The election shall be made
within 45 calendar days of beginning employment with the county. If a
new safety employee does not elect the pension calculation stated in
Section 31664.2 within 45 days of beginning employment, the new
safety employee shall be deemed to have elected the pension
calculation stated in Section 31664. Once made, a safety employee
under this section shall not be permitted to rescind his or her
election.
(b) The resolution described in subdivision (a) may provide a
different formula or calculation of retirement benefits for new
members of other safety bargaining units or other unrepresented
safety employees hired after approval of the resolution, by making
any section of this chapter applicable to those different safety
bargaining units or unrepresented employees, within the safety member
classification, pursuant to a negotiated memorandum of understanding
as described in Section 3505.1.
(c) The resolution described in subdivision (a) may provide a
different formula or calculation of safety retirement benefits for
new safety members in one bargaining unit than that which is provided
for new safety members of other bargaining units or new
unrepresented safety members.
(d) A resolution adopted pursuant to this section or previously
adopted resolutions of the board may require members to pay all or
part of the contributions by a member or employer, or both, that
would have been required if the section or sections specified within
this chapter were or have been adopted by resolution. The payment by
a member shall become part of the accumulated contributions of the
member. For those members who are represented by a bargaining unit,
the payment requirement shall be approved in a memorandum of
understanding executed by the board of supervisors and the employee
representatives.
(e) The board of supervisors, in a resolution described in
subdivision (a), shall not require that a bargaining unit be divided
solely for the purpose of providing different retirement benefits.
However, if the members of a bargaining unit within the same or
similar membership classification so elect, retirement benefits may
be separately negotiated with that bargaining unit.
(f) Notwithstanding any other provision of law, the effective date
of a resolution described in subdivision (a) may be different than
the date of the resolution.
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:
In order that the terms of a memorandum of understanding between
the Deputy Sheriffs' Association and the County of Alameda regarding
the implementation of optional tiers of retirement benefits for new
safety employees take effect as soon as possible, it is necessary for
this act to take effect immediately.