BILL NUMBER: AB 1380	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security (Bonta (Chair), Jones-Sawyer, Mullin, Rendon, and
Wieckowski)

                        FEBRUARY 26, 2013

   An act to amend Sections 31663.25 and 31672 of, and to add Section
31672.3 to, the Government Code, relating to county employees'
retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 31663.25 of the Government Code is amended to
read:
   31663.25.   (a)    Except as provided in Section
31663.26,  any   a  safety member who has
reached the applicable compulsory age of retirement, if any, or
 any   a  safety member who has completed
10 years of continuous service and who has reached the age of 50, or
 any   a  safety member who has completed
20 years of service regardless of age, may be retired upon filing
with the board a written application setting forth the date upon
which  he or she   the number  desires his
or her retirement to become effective which shall be not more than 60
days after the date of filing the application. 
   (b) This section shall not apply to any member who is subject to
the provisions of the California Public Employees' Pension Reform Act
of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of
Division 7 of Title 1) for all or any portion of that member's
membership in the county retirement system. 
  SEC. 2.  Section 31672 of the Government Code is amended to read:
   31672.   A   (a)     Except
as provided in Section 31672.3, a  member who has reached 70
years of age or a member who has completed 10 years of service and
who has reached 55 years of age, or a member who has completed 30
years of service regardless of age, may be retired upon filing with
the board a written application, setting forth the date upon which he
or she desires his or her retirement to become effective not earlier
than the date the application is filed with the board and not more
than 60 days after the date of filing the application. Fifty-five
years of age in the preceding sentence may be reduced to 50 years of
age in a county by resolution of the board of supervisors.
  SEC. 3.  Section 31672.3 is added to the Government Code, to read:
   31672.3.  A member of a county retirement system who is subject to
the California Public Employees' Pension Reform Act of 2013 (Article
4 (commencing with Section 7522) of Chapter 21 of Division 7 of
Title 1) for all or a portion of the member's membership in the
county retirement system, has completed five years of service, and
has reached the minimum retirement age applicable to that member
under the act or has reached 70 years of age, may be retired upon
filing with the board a written application, setting forth the date
upon which the member desires his or her retirement to become
effective which shall be not more than 60 days after the date of
filing the application.