BILL NUMBER: SB 752	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 27, 2009

   An act to amend Section 20815 of the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 752, as amended, Wiggins. Public employees' retirement: Solano
County.
   The Public Employees' Retirement Law requires that, after the
implementation of the Trial Court Employment Protection and
Governance Act, for counties contracting with the Board of
Administration of the Public Employees' Retirement System, a trial
court and a county in which the trial court is located jointly
participate in the retirement system by joint contract. Existing law
also requires the assets and liabilities of a county and a trial
court jointly contracting with the board to be combined for purposes
of setting the employer contribution rate for both the county and the
trial court.
   This bill would  create an exception to that requirement
for Solano county, and would require that the assets and liabilities
of the trial court and the county be separated based on a computation
as determined by the actuary retroactive to June 30, 2002. The bill
would also provide that following the separation of the assets and
liabilities, the trial court shall participate in a risk pool, as
specified, regardless of the number of active members in a member
classification   establish certain requirements that
must be satisfied before a county that jointly contracts with the
board, as described above, may issue a pension obligation bond. The
bill would require the county and superior court to jointly approve
and submit in writing to the board specified information on employees
and certain lump-sum payments for purposes of preparing a
computation of assets and liabilities. The bill would require the
board to forward its computation of assets and liabilities to the
county and the superior court. Following receipt of the computation,
the bill would require the superior court and county to enter into a
written agreement that would include, among other things, the amount
and date of payment which the superior court would remit funds to the
county   subsequent to the issuance of the pension
obligation bond  .
   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 20815 of the Government Code is amended to
read:
   20815.  (a) Notwithstanding any other provision of this part,
including, but not limited to, Sections 20225 and 20790, the board
shall not combine the assets and liabilities of public agency
employers into a single account for the purpose of setting a uniform
rate of employer contributions for all public agency employers. The
rate at which a public employer's contribution to this system shall
be fixed shall be based upon its own experience. Provisions of law
that provide authority for this system to combine the assets and
liabilities of public employers into a single account for purposes of
establishing a uniform rate are superseded to the extent that they
provide that authority. For purposes of this section only, references
to public employers shall not be construed to include school
employers.
   (b) Notwithstanding subdivision (a),  and except as
described in subdivision (c),  the assets and liabilities of
a county and a trial court jointly contracting with the board under
Section 20460.1 shall be combined for purposes of setting the
employer contribution rate for both the county and the trial court.

   (c) The assets and liabilities of the Solano County trial court
and those of Solano County shall be separated based on a computation
as determined by the actuary retroactive to June 30, 2002. Following
the separation of the assets and liabilities, the Solano County trial
court shall participate in a risk pool created in accordance with
Section 20840 regardless of the number of active members in a member
classification.  
   (c) Before a county that, with a superior court, jointly contracts
with the board under Section 20460.1 may issue a pension obligation
bond, the following shall occur:  
   (1) The county and superior court shall jointly approve and submit
in writing to the board the following information for purposes of
preparing a computation of assets and liabilities:  
   (A) A list of those active, inactive, and retired members who are
considered county employees and those active, inactive, and retired
members who are considered superior court employees.  
   (B) A list of lump-sum payments previously made by either the
county or the superior court to the system for the period from
January 1, 2001, to the proposed date of issuance of the pension
obligation bond, inclusive.  
   (2) For purposes of this subdivision and the computation of assets
and liabilities, the following shall apply:  
   (A) A person shall be deemed a superior court employee for service
that satisfies either of the following:  
   (i) If the person was employed by the superior court on January 1,
2001, all continuous service for the county immediately preceding
January 1, 2001, regardless of whether that service was as a county
employee or a county employee assigned to a trial court in the
county.  
   (ii) Any service on or after January 1, 2001, who the person is
employed by the superior court.  
   (B) A person shall be deemed a county employee for service that
satisfies any of the following:  
   (i) Any period of service for the county prior to January 1, 2001,
that is not described in clause (i) of subparagraph (A).  
   (ii) Any service on or after January 1, 2001, who the person is
employed by the county.  
   (3) The board shall forward its computation of assets and
liabilities to the county and the superior court. The computation
shall be based upon the most recent annual actuarial valuation at the
time the data described in paragraph (1) is received by the board.
 
   (4) Following receipt of the computation described in paragraph
(3), the superior court and county shall enter into a written
agreement that contains the following:  
   (A) The information provided to the board as described in
paragraph (1) and the board's computation of assets and liabilities
as described in paragraph (3).  
   (B) The terms, including, but not limited to, the dates of payment
and amount, under which the superior court shall remit funds to the
county subsequent to the issuance of the pension obligation bond.
 
   (C) Nothing in the written agreement described in this paragraph
shall be construed to effect the combined calculation of assets and
liabilities for purposes of setting the employer contribution rate
for both a county and a superior court as described in subdivision
(b).