AB 1380, as introduced, Committee on Public Employees, Retirement and Social Security. County employees’ retirement.
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its pension plan or plans to comply with the act and, among other provisions, generally prohibits a public employer that offers a defined benefit plan from offering new employees defined benefit retirement formulas other than those established by the act.
Under the County Employees Retirement Law of 1937, a safety member of a county retirement system who has reached the applicable compulsory retirement age, if any, has completed 10 years of continued service and reached 50 years of age, or who has completed 20 years of service, may retire after filing a written application with the board of retirement, except as specified. The law authorizes a member of a county retirement system who has reached 70 years of age, has completed 10 years of services and has reached 55 years of age, or has completed 30 years of service, to retire after filing a written application with the board.
This bill would prohibit the application of the above-described authorizations to a member who is subject to the PEPRA for that member’s membership in the county retirement system. The bill would also authorize a member who is subject to the PEPRA and has completed 5 years of service and has reached the minimum retirement age applicable to that member, or has reached 70 years of age, to retire upon filing a written application with the board, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 31663.25 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insert Except as provided in Section 31663.26,begin delete anyend delete
4begin insert aend insert safety member who has reached the applicable compulsory age
5of retirement, if any, orbegin delete anyend deletebegin insert aend insert safety member who has completed
610 years of continuous
service and who has reached the age of 50,
7orbegin delete anyend deletebegin insert aend insert safety member who has completed 20 years of service
8regardless of age, may be retired upon filing with the board a
9written application setting forth the date upon whichbegin delete he or sheend deletebegin insert the
10numberend insert desires his or her retirement to become effective which
11shall be not more than 60 days after the date of filing the
12application.
13(b) This section shall not apply to any member who is subject
14to the provisions of the California Public Employees’ Pension
15Reform Act of 2013 (Article 4
(commencing with Section 7522) of
16Chapter 21 of Division 7 of Title 1) for all or any portion of that
17member’s membership in the county retirement system.
Section 31672 of the Government Code is amended
19to read:
begin deleteA end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in Section 31672.3, a end insertmember
21who has reached 70 years of age or a member who has completed
2210 years of service and who has reached 55 years of age, or a
23member who has completed 30 years of service regardless of age,
24may be retired upon filing with the board a written application,
25setting forth the date upon which he or she desires his or her
26retirement to become effective not earlier than the date the
27application is filed with the board and not more than 60 days after
28the date of filing the application. Fifty-five years of age in the
P3 1preceding sentence may be reduced to 50
years of age in a county
2by resolution of the board of supervisors.
Section 31672.3 is added to the Government Code, to
4read:
A member of a county retirement system who is
6subject to the California Public Employees’ Pension Reform Act
7of 2013 (Article 4 (commencing with Section 7522) of Chapter
821 of Division 7 of Title 1) for all or a portion of the member’s
9membership in the county retirement system, has completed five
10years of service, and has reached the minimum retirement age
11applicable to that member under the act or has reached 70 years
12of age, may be retired upon filing with the board a written
13application, setting forth the date upon which the member desires
14his or her retirement to become effective which shall be not more
15than 60 days after the date of filing the application.
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