BILL NUMBER: SB 1479	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Public Employment and Retirement
(Senators Correa (Chair), Ashburn, Corbett, Cox, Ducheny, and Liu)

                        MARCH 2, 2010

   An act to amend Sections 31527 and 31582 of, and to add Section
31618.5 to, the Government Code, relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1479, as introduced, Committee on Public Employment and
Retirement. Public employment: retirement benefits: administration.
   (1) The County Employees Retirement Law of 1937 (CERL) establishes
retirement boards for the administration of benefits authorized
under that law and authorizes the board to include specified
provisions, by regulation, with respect to the administration of
benefits, including the determination of when a person entering
county employ becomes a member of the association. Under existing
law, the board may provide that a person entering county employ, on a
day other than the first calendar day, becomes a member of the
association on a day that occurs no later than 6 weeks after the day
that person enters county employ.
   This bill would authorize the establishment of the day that a
person, who enters county employ on a day other that the first day of
the calendar month, becomes a member of the association on a day
that occurs no later than 12 weeks after the day that person enters
county employ. This bill would also provide for the establishment of
the day upon which a member terminates service credited by the
association as a day that occurs no earlier than 12 weeks prior to
the member's termination from service.
   (2) Under the CERL, employer contributions on behalf of members
are based on the total compensation earnable by each member. Existing
law authorizes a county auditor to make advance payments of all or
part of the county's estimated annual contributions to the retirement
fund, as provided.
   This bill would also authorize specified districts to make advance
payments of all or part of the district's estimated annual
contributions to the retirement fund, as provided.
   (3) The CERL authorizes the establishment of a Supplemental
Retiree Benefits Reserve to cover costs for specified retiree
benefits.
   This bill would authorize a specified county employee association
to transfer funds, on an annual basis, from its administrative budget
to fund the administrative costs of the programs reimbursed by the
Supplemental Retiree Benefits Reserve in a manner that is in
compliance with procedures established by the Internal Revenue
Service.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 31527 of the Government Code is amended to
read:
   31527.  In its regulations, the board may include the following
provisions:
   (a) From what warrants deductions of members' contributions shall
be made.
   (b) For a period of time longer than one year during which a
member may redeposit in  the  the retirement fund an
amount equal to all of the accumulated normal contributions which he
 or she  has withdrawn, plus regular interest thereon from
the date of return to service.
   (c) For a period of time longer than one year during which a
member brought within the field of membership may pay into the
retirement fund the amount equal to the contributions he  or she
 would have made plus interest, if he  or she  had been
a member from the date of its organization, or from the date of his
entrance into county service, whichever is later.
   (d) For a withdrawal charge against a member who withdraws his
 or her accumulated contributions. The withdrawal charge
shall not exceed the interest credited to the member subsequent to
the effective date of the regulation.
   (e) For the exemption or exclusion from membership as a peace
officer member or as a safety member or from membership altogether,
in the discretion of the board, of persons whose tenure is temporary,
seasonal, intermittent, or for part time only, or persons whose rate
of compensation is less than eighty dollars ($80) a month, or
persons whose compensation is fixed at a rate by the day or hour.
   (f) For the periodic physical examination, at county expense of
safety members.
   (g) The amount of additional deductions from the salaries or wages
of members pursuant to Article 15.5 or 16. Such a provision may be
adopted in anticipation of, and prior to Article 15.5 or 16 becoming
operative in the particular county.
   (h) The day upon which each person entering the county employ
becomes a member of the association if it is to be other than the
first day of the calendar month after his  or her  entrance
into the service, provided that  said  day shall be
no later than  six   12  weeks after his
 or her  entrance into the service  , or the day upon
which the member terminates service credited by the association,
provided that the day shall be no earlier that 12 weeks prior to the
member's termination from service  .
  SEC. 2.  Section 31582 of the Government Code is amended to read:
   31582.  (a) The county auditor shall certify to the board at the
end of each month or at the end of each pay period the compensation
earnable, as defined in Section 31461, paid to all safety members of
the retirement association covered by Article 7.5 (commencing with
Section 31662) and the compensation earnable, as defined in Section
31461, paid to all other members of the retirement association, and
the auditor shall thereupon transfer from the appropriation to the
retirement fund the percentage of this amount determined pursuant to
Sections 31453, 31453.5 and 31454. Until that determination, the
amount of the transfer shall be 23.77 percent of the compensation
earnable, as defined in Section 31461, paid to all safety members
covered by Article 7.5 (commencing with Section 31662) and 8.85
percent of the compensation earnable, as defined in Section 31461,
paid to all other members.
   (b) The board of supervisors may authorize the county auditor to
make an advance payment of all or part of the county's estimated
annual contribution to the retirement fund, provided that the payment
is made within 30 days after the commencement of the county's fiscal
year. If the advance is only a partial payment of the county's
estimated annual contribution, transfers from the appropriation to
the retirement fund shall be made at the end of each month or at the
end of each pay period until the total amount estimated for the year
is contributed. This amount shall be adjusted at the end of the
fiscal year to reflect the actual contribution required for that
year. 
   (c) (1) A district subject to Section 31585 may also authorize an
advance payment of all or part of the district's estimated annual
contribution to the retirement fund, provided that the payment is
made within 30 days after the commencement of the district's fiscal
year. If the advance is only a partial payment of the district's
estimated annual contribution, payments to the retirement fund shall
be made at the end of each month or at the end of each pay period
until the total amount estimated for the year is contributed. This
amount shall be adjusted at the end of the fiscal year to reflect the
actual contribution required for that year.  
   (2) This subdivision shall only apply to a district that is part
of a retirement system in a county of the seventh class, as described
in Section 28020. 
  SEC. 3.  Section 31618.5 is added to the Government Code, to read:
   31618.5.  (a) The board shall annually transfer, from the
administrative budget established pursuant to Article 5 (commencing
with Section 31580), an amount sufficient to fund the administrative
costs of the programs reimbursed by the Supplemental Benefits
Reserve.
   (b) This section shall only apply to a county of the fourth class
as described in Section 28020.