AB 1380, as amended, 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:
(a) Except as provided in Section 31663.26, a safety
4member who has reached the applicable compulsory age of
5retirement, if any, or a safety member who has completed 10 years
6of continuous service and who has reached the age of 50, or a
7safety member who has completed 20 years of service regardless
8of age, may be retired upon filing with the board a written
9application setting forth the date upon which thebegin delete numberend deletebegin insert memberend insert
10 desires his or her retirement to become effective which shall be
11not more than 60 days after the date of filing the application.
12(b) This section shall not apply to any member who is subject
13to the provisions of the California Public Employees’ Pension
14Reform Act of 2013 (Article 4 (commencing with Section 7522)
15of Chapter 21 of Division 7 of Title 1) for all or any portion of that
16member’s membership in the county retirement system.
Section 31672 of the Government Code is amended
18to read:
(a) begin deleteExcept as provided in Section 31672.3, a end deletebegin insertA end insertmember
20who has reached 70 years of age or a member who has completed
2110 years of service and who has reached 55 years of age, or a
22member who has completed 30 years of service regardless of age,
23may be retired upon filing with the board a written application,
24setting forth the date upon which he or she desires his or her
25retirement to become effective not earlier than the date the
26application is filed with the board and not more than 60 days after
27the 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.
3(b) This section shall not apply to any member who is subject
4to the provisions of the California Public Employees’ Pension
5Reform Act of 2013 (Article 4 (commencing with Section 7522) of
6Chapter 21 of Division 7 of Title 1) for all or any portion of that
7member’s membership in the county retirement system.
Section 31672.3 is added to the Government Code, to
9read:
A member of a county retirement system who is
11subject to the California Public Employees’ Pension Reform Act
12of 2013 (Article 4 (commencing with Section 7522) of Chapter
1321 of Division 7 of Title 1) for all or a portion of the member’s
14membership in the county retirement systembegin delete,end deletebegin insert whoend insert has completed
15five years of servicebegin delete,end delete and has reached the minimum retirement age
16applicable to that member under thebegin delete actend deletebegin insert
act,end insert or has reached 70
17years of age, may be retired upon filing with the board a written
18application, setting forth the date upon which the member desires
19his or her retirement to become effective which shall be not more
20than 60 days after the date of filing the application.
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