BILL NUMBER: AB 340	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 10, 2011

   An act to add Section 31680.9 to the Government Code, relating to
county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 340, as introduced, Furutani. County employees' retirement:
postretirement service.
   The County Employees Retirement Law of 1937 (CERL) authorizes
counties and districts, as defined, to provide a system of retirement
benefits to their employees. CERL permits members of a county
retirement system who have retired to be reemployed without
reinstatement into the system in certain circumstances including in a
position requiring special skills or knowledge.
   This bill, on and after January 1, 2012, would prohibit a person
who has been retired for service from a CERL retirement system from
being reemployed in any capacity without reinstatement into the
system by a district or county operating a county retirement system
established under this CERL unless at least 180 days have elapsed
since the person's date of retirement, except as specified. The bill
would prohibit a person whose employment without reinstatement is
authorized under CERL from receiving service credit for that
employment. The bill would require that a retired member employed in
violation of provisions regarding employment without reinstatement to
reimburse the retirement system for any retirement allowance
received during that period and pay for administrative expenses
incurred in responding to the violation. The bill would also require
the county or district to reimburse the retirement system in this
regard in specified circumstances.
   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 31680.9 is added to the Government Code, to
read:
   31680.9.  (a) Except as provided in Section 31680.1, any person
who has been retired for service on or after January 1, 2012, as a
member of a county retirement system established under this chapter
shall not be reemployed in any capacity either as an employee, an
independent contractor, or an employee of a third party without
reinstatement by a district or county operating a county retirement
system established under this chapter unless at least 180 days have
elapsed since the person's date of retirement.
   (b) A retired person whose employment, without reinstatement, is
authorized by this article shall not acquire service credit or
retirement rights under this part with respect to that employment.
   (c) Any retired member employed in violation of this article
shall:
   (1) Reimburse the retirement system for any retirement allowance
received during the period or periods of employment that are in
violation of law.
   (2) Contribute toward the reimbursement of the retirement system
for administrative expenses incurred in responding to a violation of
this article, to the extent the member is determined by the executive
officer to be at fault.
   (d) Any county or district that employs a retired member in
violation of this article shall contribute toward the reimbursement
of the retirement system for administrative expenses incurred in
responding to a violation of this article, to the extent the county
or district is determined by the executive officer of this system to
be at fault.