Amended in Senate September 5, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 108

Introduced by Committee on Budget begin delete (Blumenfield end delete begin insert (Skinner end insert (Chair), Bloom, begin delete Bonilla, end delete begin insert Campos, end insert Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, begin delete Rendon, end delete Stone, and Ting)

January 10, 2013

An act relating to begin delete the Budget Act of 2013. end delete begin insert state employees, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 108, as amended, Committee on Budget. begin delete Budget Act of 2013. end delete begin insert State employees: memoranda of understanding. end insert

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Existing law requires the Department of Human Resources to provide to the Joint Legislative Budget Committee any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act. Existing law requires the Joint Legislative Budget Committee, within 30 days after receiving the side letter, appendix, or other addendum, to determine if the addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the addendum.

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This bill would approve the addenda to memoranda of understanding entered into by the state employer and certain bargaining units that require the expenditure of funds, as specified, and would further appropriate $45,115,000 from the General Fund and other unallocated nongovernmental cost funds for those purposes. The bill would also approve a calculation of final compensation for the Department of Water Resources, State Member Unit 12, as specified.

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This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert The Legislature finds and declares that the
purpose of this act is to approve addenda to memoranda of
understanding entered into by the state employer and specific state
bargaining units that require the expenditure of funds. end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The provisions of the addenda to memoranda of
understanding entered into by the state employer and the state
bargaining units that require the expenditure of funds are hereby
approved for the purposes of Section 3517.63 of the Government
Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

(a) Addenda to memoranda of understanding entered
into by the state employer and the following state bargaining units
are hereby approved in accordance with the following schedule:

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(1) State Bargaining Unit 5: California Association of Highway
Patrol addendum dated June 19, 2013, effective July 1, 2013.

end insert begin insert

(2) State Bargaining Unit 12: International Union of Operating
Engineers addendum dated June 20, 2013, effective July 1, 2013,
requiring an appropriation.

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(3) State Bargaining Unit 12: International Union of Operating
Engineers addendum (Lanterman Developmental Center Closure)
dated July 3, 2013.

end insert begin insert

(4) State Bargaining Unit 7: California Statewide Law
Enforcement Association addendum dated July 31, 2013, effective
upon approval of this act, requiring an appropriation.

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(5) State Bargaining Units 1 and 4: Service Employees
International Union Local 1000 addendum dated July 30, 2013,
and effective upon approval of this act, requiring an appropriation.

end insert begin insert

(6) State Bargaining Units 1, 3, 4, 11, 15, 17 and 20: Service
Employees International Union Local 1000 addendum (Lanterman
Developmental Center Closure) dated July 2, 2013.

end insert begin insert

(7) State Bargaining Unit 18: California Association of
Psychiatric Technicians addendum (Lanterman Developmental
Center) dated July 5, 2013.

end insert begin insert

(8) Bargaining Unit 19: American Federation of State, County
and Municipal Employees (Lanterman Developmental Center
Closure) addendum dated July 2, 2013.

end insert begin insert

(9) State Bargaining Unit 8: California Department of Forestry
and Fire Protection Firefighters addendum dated August 29, 2013,
effective September 1, 2013.

end insert begin insert

(b) The sum of forty-five million one hundred fifteen thousand
dollars ($45,115,000) is hereby appropriated for the purposes of
state employee compensation in accordance with the following
schedules:

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(1) The sum of eighteen million two hundred eighty-five
thousand dollars ($18,285,000) is appropriated, to the extent set
forth in Section 5 of this act, relative to an addendum dated June
20, 2013, for State Bargaining Unit 12 for expenditures in the
2013-14 fiscal year in augmentation of, and for the purpose of
state employee compensation as provided in, Items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget
Act of 2013 in accordance with the following schedule:

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(A) One million four hundred fifty-two thousand dollars
($1,452,000) from the General Fund in augmentation of Item
9800-001-0001.

end insert begin insert

(B) Eleven million two hundred seventy-eight thousand dollars
($11,278,000) in augmentation of Item 9800-001-0494.

end insert begin insert

(C) Five million five hundred fifty-five thousand dollars
($5,555,000) from other unallocated nongovernmental cost funds
in augmentation of Item 9800-001-0988.

end insert begin insert

(2) The sum of twenty-six million eight hundred thirty thousand
dollars ($26,830,000) is appropriated, to the extent set forth in
Section 5 of this act, relative to addenda dated July 31, 2013, for
those in State Bargaining Units 1, 4, and 7 for expenditures in the
2013-14 fiscal year in augmentation of, and for the purpose of
state employee compensation as provided in, Items 9800-001-0494
and 9800-001-0988 of Section 2.00 of the Budget Act of 2013 in
accordance with the following schedule:

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(A) Seventeen million nine hundred seventy-six thousand dollars
($17,976,000) in augmentation of Item 9800-001-0494.

end insert begin insert

(B) Eight million eight hundred fifty-four thousand dollars
($8,854,000) from other unallocated nongovernmental cost funds
in augmentation of Item 9800-001-0988.

end insert

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begin insert SEC. 4. end insert   

end insert begin insert

After July 1, 2013, the following calculation for final
compensation for the Department of Water Resources, State
Member Unit 12, shall apply:

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(a) Notwithstanding Sections 20035, 20037, and 20037.8 of the
Government Code, “final compensation,” for the purpose of
determining any pension or benefit with respect to a Department
of Water Resources employee hired before July 1, 2013, in the
following job classifications: 3728, 3729, 3730, 3731, 6246, 6259,
6262, 6263, 6265, 6267, 6450, 6451, 6452, 6453, 6454, 6455,
6456, 6457, 6458, 6459, 6460, 6461, 6462, 6463, 6465, 6466,
6467, 6469, who is a member of State Bargaining Unit 12 or a
related excluded unit associated with State Bargaining Unit 12,
and whose monthly salary range that was to be effective July 1,
2013, was increased pursuant to a memorandum of understanding
entered into during the 2013-14 fiscal year, shall be determined
in accordance with the provisions of this section.

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(b) For an employee who retires or dies on or after July 1, 2013,
and prior to July 1, 2014, any pay increase pursuant to a
memorandum of understanding entered into during the 2013-14
fiscal year shall not be used in determining “final compensation.”

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(c) For an employee who retires or dies on or after July 1, 2014,
and prior to July 1, 2015, only 50 percent of the pay increase
pursuant to a memorandum of understanding entered into during
the 2013-14 fiscal year shall be used in determining “final
compensation.”

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(d) For an employee who retires or dies on or after July 1, 2015,
the entire pay increase pursuant to a memorandum of
understanding entered into during the 2013-14 fiscal year shall
be used in determining “final compensation.”

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(e) The increased costs, if any, that may result from the
application of the definition of “final compensation” provided in
this section shall be paid by the employer in the same manner as
other retirement benefits are funded.

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begin insert SEC. 5. end insert   

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This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

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SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete