BILL NUMBER: AB 89	CHAPTERED
	BILL TEXT

	CHAPTER  390
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2011
	APPROVED BY GOVERNOR  OCTOBER 2, 2011
	PASSED THE SENATE  SEPTEMBER 7, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2011
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 23, 2011
	AMENDED IN ASSEMBLY  MAY 9, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Hill

                        JANUARY 6, 2011

   An act to amend Section 31485.10 of the Government Code, relating
to county employees' retirement, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 89, Hill. County employees' retirement.
   The County Employees Retirement Law of 1937 authorizes counties
and districts to establish retirement systems pursuant to its
provisions in order to provide pension benefits to employees. The
County Employees Retirement Law of 1937 authorizes the Board of
Supervisors of the County of San Mateo to provide any retirement
benefits for some, but not all, general members or safety members of
a county. The law authorizes a resolution adopted pursuant to these
provisions to require members to pay all or part of the contributions
by a member or employer, or both, that would have been required if
specified provisions relating to the calculation of retirement
benefits, as adopted by the board or governing body, had been in
effect during the period of time designated in the resolution.
   This bill would authorize a resolution adopted pursuant to the
provisions described above to require safety members hired on and
after the effective date of this measure to pay all or part of the
contributions by a member or employer, or both. The bill would
require in this instance that payment by a safety member would become
part of the accumulated contributions of the safety member. The bill
would specify, for those safety members who are represented by a
bargaining unit, that the payment requirement and any changes to it
would not be effective until approved in a memorandum of
understanding executed by the board of supervisors and the employee
representatives.
   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 31485.10 of the Government Code is amended to
read:
   31485.10.  (a) Notwithstanding any other provision of law, in a
county of the 10th class, as defined in Sections 28020 and 28031, the
board of supervisors may, by resolution, ordinance, contract, or
contract amendment under this chapter, provide any retirement
benefits for some, but not all, general members or safety members of
a county.
   (b) The resolution, ordinance, contract, or contract amendment
described in subdivision (a) may provide a different formula for
calculation of retirement benefits, by making any section of this
chapter applicable to any subgroup of members within a membership
classification, including, but not limited to, bargaining units, or
unrepresented groups, applicable to service credit earned on and
after the date specified in the resolution, which date may be earlier
than the date the resolution is adopted.
   (c) A resolution adopted pursuant to this section 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 in subdivision (b), as adopted by the board or
governing body, had been in effect during the period of time
designated in the 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.
   (d) A resolution adopted pursuant to this section may require
safety members hired on and after the effective date of the act
adding this subdivision to pay all or part of the contributions by a
member or employer, or both. The payment by a safety member shall
become part of the accumulated contributions of the safety member.
For those safety members who are represented by a bargaining unit,
the payment requirement and any changes to the payment requirement
shall not be effective until approved in a memorandum of
understanding executed by the board of supervisors and the employee
representatives.
   (e) This section shall only apply to members who retire on or
after the effective date of the resolution described in subdivision
(a) or (b).
   (f) This section shall not become operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.
  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 to implement the terms of a negotiated memorandum of
understanding, it is necessary that this act take effect immediately.