BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 2742
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                                Felipe Fuentes, Chair

                  AB 2742 (Blakeslee) - As Amended:  April 22, 2010 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              


          This bill allows state employees to donate leave credits to a  
          leave bank of an eligible retired state employee who dies from a  
          non-work related illness or injury within 12 months of  
          retirement.   Specifically, this bill:  

          1)Applies to retired state employees who at the time of  
            retirement were members of a collective bargaining unit that  
            had bargained for a survivor's benefit that authorizes  
            donation of leave credits for non-work illness or injury.

          2)Specifies that the donated leave cannot exceed $50,000 and  
            will be cashed out to the person designated to receive the  
            deceased employee's leave balance.

          3)Applies retroactively to anyone who retired on or after  
            December 1, 2009.  Leave donations for a retired state  
            employee who died on or before December 31, 2010, will be  
            accepted until January 31, 2011.

           FISCAL EFFECT  

          Unknown, probably minor increase in state costs from utilization  
          of leave credits allowed by this bill.


           1)Background  . State Bargaining Unit 6 (Corrections) agreed,  
            through collective bargaining, to language allowing Survivor  
            Benefit Accounts to be established for  active  employees who  


                                                                  AB 2742
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            die as a result of a non-work related illness or injury.   
            Employees are allowed to donate annual leave, vacation,  
            holiday, personal leave or excess time to the leave bank of  
            the deceased employee.  The maximum limit of  
            contributions/compensation is limited to $50,000 and donations  
            are only accepted for a period of 30 days following approval  
            of the request

           2)Rationale  . The bill is intended to address a situation where  
            the family of a correctional officer was denied leave  
            contributions due to the fact that the officer retired days  
            before his death. According to the author, "On January 7,  
            2010, CCPOA correctional officer Lt. VanHoose, died of brain  
            cancer.  He left behind his wife Stacy and a daughter.  Lt.  
            VanHoose had continued to work throughout his illness.  He  
            took an early medical retirement on December 29, 2009, only  
            days before his death.  After he passed away, many of his  
            co-workers wanted to honor their colleague and support his  
            family by donating their leave time to a Survivor Benefit  
            Account. The request was denied by the California Department  
            of Corrections and Rehabilitation's (CDCR's) Office of Labor  
            Relations and Human Resources. It was determined upon further  
            review that his family was not eligible because Lt. VanHoose  
            was retired at the time of his death." 
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081