BILL NUMBER: SB 1294	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 23, 2012

   An act to  amend Section 21570 of   add
Section 22900 to  the Government Code, relating to public
 employees' retirement   employee benefits 
.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1294, as amended, Berryhill.  Public employees'
retirement.   Public employee health benefits: Mariposa
County.  
   Existing law requires the Board of Administration of the Public
Employees' Retirement System to administer the Public Employees'
Medical and Hospital Care Act. Existing law requires a contracting
agency and a public employee or annuitant to contribute a portion of
the cost of the employee's or annuitant's health benefits coverage.
Under existing law, the employee's or annuitant's contribution is the
total cost per month of coverage less the portion contributed by the
employer. Existing law prescribes a minimum level for the employer's
contribution toward the employee's or annuitant's health benefits
coverage.  
   This bill would authorize the County of Mariposa and the employees'
exclusive representative to enter into an agreement providing that
the employer's health benefit coverage contribution is subject to a
memorandum of understanding agreed upon through collective bargaining
or by a resolution adopted by a majority of the board of
supervisors. Under the bill, the employer contribution under such an
agreement could be higher than that required by statute. The bill
would also authorize an agreement between the employees' exclusive
representative and the County of Mariposa that permits higher
employer contribution for annuitants than for employees, except as
specified.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Mariposa. 

   Existing law provides for the payment of preretirement survivor
benefits to the beneficiary of a deceased member of the Public
Employees' Retirement System, as specified. Existing law also
provides that no person shall receive more than one allowance of the
preretirement survivor benefits.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 22900 is added to the 
 Government Code   , to read:  
   22900.  (a) Notwithstanding any other provision of this part, the
County of Mariposa and the employees' exclusive representative may
agree that the employer contribution for health coverage shall be
subject to the following:
   (1) A memorandum of understanding regarding health coverage
mutually agreed upon through collective bargaining or a resolution
adopted by a majority of the board, providing as follows:
   (A) Establishing the amount of its employer contribution for its
annuitants or employees at any amount equal to or above that of the
adjusted employer contribution required by subdivision (b) of Section
22892.
   (B) Providing an employer contribution amount for annuitants that
is higher than the employer contribution provided for employees,
except that any employer contribution may not be less than the
adjusted employer contribution required by subdivision (b) of Section
22892.
   (2) This subdivision shall not affect the obligations or benefits
of either the annuitants or the county that exist at the time of the
enactment of this section.
   (b) This section shall not apply to any employee who retired
before the effective date of the memorandum of understanding or
resolution adopted pursuant to subdivision (a). If the memorandum of
understanding or resolution establishes a retroactive effective date,
this section shall apply only prospectively, and any employee who
retires before the memorandum of understanding is signed or the
resolution is adopted shall not be affected by that agreement.
   (c) The County of Mariposa shall provide, in the manner prescribed
by the board, a notification of the agreement established pursuant
to this section and any additional information necessary to implement
this section. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
County of Mariposa with respect to public employer and employee
contributions to health coverage.  
  SECTION 1.    Section 21570 of the Government Code
is amended to read:
   21570.  A person shall not receive more than one allowance under
this article and that allowance shall be the largest of the monthly
allowances to which he or she would otherwise be entitled.