BILL NUMBER: SB 373 CHAPTERED
BILL TEXT
CHAPTER 68
FILED WITH SECRETARY OF STATE JULY 8, 2011
APPROVED BY GOVERNOR JULY 7, 2011
PASSED THE SENATE JUNE 27, 2011
PASSED THE ASSEMBLY JUNE 15, 2011
AMENDED IN ASSEMBLY JUNE 1, 2011
INTRODUCED BY Senator DeSaulnier
(Coauthors: Assembly Members Bonilla and Buchanan)
FEBRUARY 15, 2011
An act to amend Section 31484.9 of the Government Code, relating
to county employees' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 373, DeSaulnier. Retirement: Contra Costa County.
Existing law, until January 1, 2012, authorizes the Contra Costa
County Board of Supervisors to establish different retirement
benefits for different bargaining units of safety employees
represented by the Contra Costa County Deputy Sheriffs' Association,
and the unrepresented groups of safety employees in similar job
classifications and the supervisors and managers of those employees,
as specified, pursuant to a resolution making those provisions
applicable to that county.
This bill would delete the January 1, 2012, date thereby extending
that authorization indefinitely.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31484.9 of the Government Code is amended to
read:
31484.9. (a) This section shall apply to the retirement system of
Contra Costa County and only if the board of supervisors of that
county adopts, by majority vote, a resolution making this section
applicable in the county. Notwithstanding any other law, the board of
supervisors may make this section applicable in the county on a date
specified in the resolution, which date may be different than the
date of the resolution.
(b) (1) When the board of supervisors meets and confers pursuant
to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4 of Title 1) with the Contra Costa County Deputy
Sheriffs' Association, the parties may agree, pursuant to a
memorandum of understanding as described in Section 3505.1, that the
provisions of this section shall apply to safety employees
represented by the Contra Costa County Deputy Sheriffs' Association.
(2) The terms of any agreement reached with the Contra Costa
County Deputy Sheriffs' Association pursuant to this subdivision
shall be made applicable by the board of supervisors to unrepresented
county employees who are safety members in the Contra Costa County
Sheriff's Office and in similar job classifications as employees
within applicable bargaining units and the supervisors and managers
of those employees.
(3) An ordinance or resolution adopted pursuant to this section
may establish different retirement benefits for different bargaining
units of safety employees represented by the Contra Costa County
Deputy Sheriffs' Association and the unrepresented groups of safety
employees in similar job classifications and the supervisors and
managers of those employees. The ordinance or resolution may also
establish the time period during which employees may make an election
under this section and the date on which an employee shall be
employed to be subject to this section.
(c) (1) Notwithstanding any other law, if the board of supervisors
makes a particular provision or provisions of this chapter providing
for increased benefits applicable to safety employees of the county
represented by the Contra Costa County Deputy Sheriffs' Association
through the adoption of an ordinance or resolution, the board of
supervisors may at any time thereafter adopt another ordinance or
resolution terminating the applicability of that provision or
provisions as to current employees of the county who elect by written
notice filed with the board to have the applicability of the
provision or provisions terminated as to those employees. This
section is intended only to authorize the termination of those
benefits that the board of supervisors elected to increase over the
basic benefits or to make applicable in addition to the basic
benefits pursuant to the provisions of this chapter. The termination
of benefits shall be consistent with the memorandum of understanding
described in subdivision (b). Nothing in this section shall be
construed as authorizing the board of supervisors to terminate the
basic benefits required under the provisions of this chapter.
(2) The board of supervisors, prior to adopting an ordinance or
resolution allowing the termination of the applicability of any
increased benefit provisions shall provide a written explanation of
the effect and impact of the termination for each member requesting
termination of the applicability of any provisions.
(3) The board of supervisors shall require members requesting
termination of the applicability of any provisions to sign an
affidavit stating that the member has been fully informed regarding
the effect of the termination, and understands that the termination
of a provision or provisions is irrevocable. The affidavit shall also
state that the employee has chosen termination of the provision or
provisions of the employee's own free will and was not coerced into
termination of any provision by the employer or any other person and
shall waive and release any right to a benefit under the terminated
provision or provisions for the period of service following the
election.
(4) The board of supervisors shall, in the ordinance or resolution
granting current employees the option of electing to have the
applicability of the provision or provisions terminated, and
consistent with the memorandum of understanding described in
subdivision (b), specify the provision or provisions that shall be
applicable to current employees making the election. More than one
optional set of provisions may be made available for election,
including, but not limited to, the "3 Percent at 55" retirement
formula, a cost-of-living adjustment, and the definition of final
compensation pursuant to Section 31462 or 31462.1.
(5) Employees who elect to have the provision or provisions
terminated, shall have their retirement allowance for service
rendered after the effective date of election calculated on the basis
of the provision made applicable by the board of supervisors. Except
as otherwise provided in this section, the retirement allowance for
service rendered prior to the effective date of the election shall be
calculated on the basis of the provision or provisions applicable
during that period of service and the retirement allowance for
service rendered on or after the effective date of the election shall
be calculated on the basis of the provision or provisions applicable
during that period of service. The total retirement allowance for an
employee subject to this section shall be the sum of the retirement
allowance calculated for service rendered prior to the effective date
of the election and the retirement allowance calculated for service
rendered on or after the effective date of the election. Any employee
who has made an election shall not be eligible for retirement unless
the employee meets the minimum requirements of the provision or
provisions applicable at the date of retirement.
(6) Any employee who has made an election that the definition of
"final compensation" in Section 31462.1 no longer applies, shall have
the definition of "final compensation" in Section 31462.1 applied to
all service rendered prior to the effective date of the election and
the definition of "final compensation" in Section 31462 applied to
all service rendered on or after the effective date of the election.
For purposes of applying Section 31835 to a retirement system other
than the retirement system in Contra Costa County, the highest
average compensation described in this paragraph shall apply.
(7) Any employee who has made an election that a cost-of-living
adjustment provision of Article 16.5 (commencing with Section 31870)
no longer applies shall have the cost-of-living adjustment provision,
if any, for service rendered prior to the effective date of the
election calculated on the basis of the cost-of-living adjustment
provision applicable during that period of service. Any
cost-of-living adjustment provision specified by the board of
supervisors for service rendered after the effective date of the
election shall apply solely to that service. A termination of
benefits shall be consistent with the memorandum of understanding
described in subdivision (b).
(8) A current employee who has elected to have the applicability
of the provision or provisions terminated may not rescind that
election, unless the board of supervisors again makes the particular
provision or provisions applicable to the employees who are
represented by the Contra Costa County Deputy Sheriffs' Association,
through the adoption of a subsequent ordinance or resolution pursuant
to a memorandum of understanding as described in Section 3505.1.
(9) An election made by a current employee shall be binding upon
the employee's spouse and all others claiming benefits under that
employee's entitlement.