BILL ANALYSIS                                                                                                                                                                                                    

          Lou Correa, Chair            Hearing date:  June 28, 2010
          AB 2742 (Blakeslee)    as amended  6/07/10   FISCAL:  YES

           HISTORY  :

              Sponsor:  Author

              Prior legislation:  AB 747 (Blakeslee),
                         Chapter 528, Statutes of 2005

           ASSEMBLY VOTES :

              PER & SS             6-0       4/21/10
              Appropriations       16-0      5/05/10
              Assembly Floor       75-0      5/13/10
          SUMMARY  : 

          Would allow establishment of a catastrophic leave bank for a  
          deceased state retiree, and accumulation of leave credit  
          donations, which in turn could be cashed out by the person  
          designated to receive the deceased individual's leave  

          This program would be available to an employee for up to 12  
          months following retirement; the leave bank would be limited  
          to a value of no more than $50,000. 

          1)    Existing law  :

             a)   allows state employees, as administered by the  
               employing state agency or department, to establish a  
               catastrophic leave bank and donate their accumulated  
               leave credits (for unused vacation, annual leave,  
               holiday leave credits, personal leave, or compensating  
               time off) to an employee who has exhausted all of his or  
               her own leave due to illness of the employee or a member  
               of the employee's family.

          Pamela Schneider
          Date:  6/8/10                                          Page 1  


             b)   allows bargaining units to agree in a memoranda of  
               understanding (MOU) to allow the establishment of a  
               catastrophic leave bank for an employee who dies while  
               in service and to have accumulated leave credits donated  
               to the survivor of that employee who died prior to  
               retirement; State Bargaining Units 5 (Highway Patrol)  
               and 6 (Correctional Peace Officers) have provisions in  
               their MOUs that allow this type of leave donation.

              2)   This bill  :

             a)   allows a catastrophic leave bank to be established  
               for a deceased retired state employee, providing that  
               that retiree was a member of a bargaining unit that had  
               bargained for a survivor benefit authorizing the  
               donation of leave credits for active employees who die  
               from non-work related illnesses or injuries.

             b)   requires that the retired state worker died from  
               non-work related causes within 12 months of retirement.

             a)   limits the total amount of leave donated to the bank  
               to no more than $50,000, and allows the leave to be  
               cashed out to the individual designated by the retiree  
               to receive the deceased retiree's leave balance.

             d)   requires that the section apply retroactively to  
               anyone who retired on or after December 1, 2009 and  
               specifies that any leave donations for a retiree who  
               died on or before December 31, 2010 shall be accepted  
               until January 31, 2011.

           FISCAL  :  

          This bill  would minimally expand an already existing program  
          that allows donation of leave credits to a catastrophic leave  
          bank established on behalf of a co-worker.  Leave credits  
          transferred are the property of donating employees and would  
          otherwise remain in those employees' personal leave banks and  
          be cashed out at separation or retirement, or used by the  
          Pamela Schneider
          Date:  6/8/10                                          Page 2  


           COMMENTS  :

          1)    Argument in Support  :

          According to the author,  this bill  ;

                Is written in response to a situation in which a  
            terminally ill state correctional officer died a few days  
            after his medical retirement for brain cancer, leaving  
            behind a spouse and daughter.  His co-workers wished to  
            donate leave credits to his survivors but were unable to do  
            so because the current law and MOU only allow this type of  
            donation when the employee dies prior to retirement.

          According to supporters:

                Many state employees would like to contribute to the  
            family of a fallen co-worker, but cannot afford to do so  
            directly.  "Allowing employees to donate leave credits  
            gives state workers an option that will financially permit  
            more generosity in these trying times."

          2)   SUPPORT  :

               California Correctional Peace Officers Association  
               California Statewide Law Enforcement Association (CSLEA)

          3)   OPPOSITION  :

               None to date


          Pamela Schneider
          Date:  6/8/10                                          Page 3  


          Pamela Schneider
          Date:  6/8/10                                          Page 4