BILL NUMBER: AB 1346 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Pan
FEBRUARY 22, 2013
An act to add Section 22896 to the Government Code, relating to
postemployment health benefits.
LEGISLATIVE COUNSEL'S DIGEST
AB 1346, as amended, Pan. Postemployment health benefits:
Sacramento Metropolitan Fire Department:
District: employer contributions.
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 permits a contracting
agency to elect to be subject to the act for its employees and
annuitants, provided that the contracting agency and each employee or
annuitant contribute a portion of the cost of providing the benefit
coverage, as specified. Under this formulation, the employer
contribution for the contracting agency begins at 10 years of service
and reaches 100% of a specified amount when the employee attains 20
years of credited service, with certain exceptions. Existing law
provides alternate formulations for specified contracting agencies.
This bill would provide an additional exception by requiring the
employer contribution for postretirement health benefit coverage for
an annuitant of the Sacramento Metropolitan Fire Department
District who retires on or after the effective
date of a memorandum related to employer contributions, to be based
on a revised formula in which the employer contribution begins at 5
years of service, instead of 10 and would reach 100% of a specified
amount if the annuitant attained 20 years of credited service, with
certain exceptions. The bill would require that the Sacramento
Metropolitan Fire Department District
provide to the board a notification of the agreement and any
additional information requested by the board that the board deems
necessary to implement the section. The bill would except from the
formulation described annuitants who have retired for disability or
who have retired for service with 20 or more years of service with
the Sacramento Metropolitan Fire Department
District , as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22896 is added to the Government Code, to read:
22896. (a) Notwithstanding Section 22893, the percentage of
employer contribution payable for postretirement health benefits for
an employee of the Sacramento Metropolitan Fire Department
District subject to this section shall, except
as provided in subdivision (b), be based on the member's completed
years of credited state service at retirement as shown in the
following table:
Credited Percentage of
Years Employer
of Service Contribution
5 25
6 30
7 35
8 40
9 45
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The application of this subdivision shall be subject to the
following:
(1) The employer contribution with respect to each annuitant shall
be determined pursuant to a memorandum of understanding approved
through a meet and confer process pursuant to the Meyers-Milias-Brown
Act (Chapter 10 (commencing with Section 3500) of Division 4 of
Title 1) with any recognized employee organization. The issue shall
not be subject to the impasse procedures set forth in Article 9
(commencing with Section 3548) of Chapter 10.7 of Division 4 of Title
1.
(2) The credited service of an annuitant for the purpose of
determining the percentage of employer contributions applicable under
this section shall mean state service as defined in Section 20069,
except that at least five years of service shall have been performed
entirely with the Sacramento Metropolitan Fire Department
District .
(3) The Sacramento Metropolitan Fire Department
District shall provide, in the manner prescribed by the
board, a notification of the agreement adopted pursuant to this
section and any additional information necessary to implement this
section.
(4) The Sacramento Metropolitan Fire Department
District shall certify to the board, in the case of
employees not represented by a bargaining unit, that there is not an
applicable memorandum of understanding.
(5) This section shall apply only to employees who retire for
service and whose retirement date is on or after the effective date
of the memorandum of understanding entered into as described in this
subdivision. This section is not applicable to any employee who
retired before the effective date of the memorandum of understanding.
(b) Notwithstanding subdivision (a), the contribution payable by
the Sacramento Metropolitan Fire Department
District shall be equal to 100 percent of the amount
established pursuant to paragraph (1) of subdivision (a) on behalf of
any annuitant who either:
(1) Retired for disability.
(2) Retired for service with 20 or more years of service credit
entirely with the Sacramento Metropolitan Fire Department
D istrict , regardless of the number
of days after separation from employment. The contribution payable by
the Sacramento Metropolitan Fire Department
District under this paragraph shall be paid only if it is
greater than, and made in lieu of, a contribution payable to the
annuitant by another employer under this part. The board shall
establish application procedures and eligibility criteria to
implement this paragraph.
(c) This section applies only to the Sacramento Metropolitan Fire
Department District , or its successor.