BILL NUMBER: AB 2476	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security (Bonta (Chair), Rendon, Ridley-Thomas, and Wieckowski)

                        FEBRUARY 21, 2014

   An act to amend Section 7522.56 of the Government Code, relating
to public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2476, as introduced, Committee on Public Employees, Retirement
and Social Security. Employment after retirement: eligibility.
   Existing law, the California Public Employees' Pension Reform Act
of 2013 (PEPRA) establishes various limits on retirement benefits
generally applicable to a public employee retirement system in the
state, except as specified, and among other things, prescribes limits
on service after retirement without reinstatement into the
applicable retirement system. Under PEPRA, a retired person is not
eligible to be employed for a period of 180 days following the date
of retirement unless he or she meets specified requirements,
including a requirement that the state employer certifies the nature
of the employment and that the appointment is necessary to fill a
critically needed state employment position before 180 days have
passed and the appointment has been approved by the Department of
Human Resources.
   This bill would instead provide, for purposes of that requirement,
that either the Senate Committee on Rules or the Assembly Rules
Committee, the Trustees of the California State University, or the
Administrative Office of the Courts makes those certifications and
approvals for legislative, California State University, and judicial
employees, respectively, instead of the Department of Human
Resources.
   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 7522.56 of the Government Code is amended to
read:
   7522.56.  (a) This section shall apply to any person who is
receiving a pension benefit from a public retirement system and shall
supersede any other provision in conflict with this section.
   (b) A retired person shall not serve, be employed by, or be
employed through a contract directly by, a public employer in the
same public retirement system from which the retiree receives the
benefit without reinstatement from retirement, except as permitted by
this section.
   (c) A person who retires from a public employer may serve without
reinstatement from retirement or loss or interruption of benefits
provided by the retirement system upon appointment by the appointing
power of a public employer either during an emergency to prevent
stoppage of public business or because the retired person has skills
needed to perform work of limited duration.
   (d) Appointments of the person authorized under this section shall
not exceed a total for all employers in that public retirement
system of 960 hours or other equivalent limit, in a calendar or
fiscal year, depending on the administrator of the system. The rate
of pay for the employment shall not be less than the minimum, nor
exceed the maximum, paid by the employer to other employees
performing comparable duties, divided by 173.333 to equal an hourly
rate. A retired person whose employment without reinstatement is
authorized by this section shall acquire no service credit or
retirement rights under this section with respect to the employment
unless he or she reinstates from retirement.
   (e) (1) Notwithstanding subdivision (c), any retired person shall
not be eligible to serve or be employed by a public employer if,
during the 12-month period prior to an appointment described in this
section, the retired person received any unemployment insurance
compensation arising out of prior employment subject to this section
with a public employer. A retiree shall certify in writing to the
employer upon accepting an offer of employment that he or she is in
compliance with this requirement.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment.
   (f) A retired person shall not be eligible to be employed pursuant
to this section for a period of 180 days following the date of
retirement unless he or she meets one of the following conditions:
   (1) The employer certifies the nature of the employment and that
the appointment is necessary to fill a critically needed position
before 180 days have passed and the appointment has been approved by
the governing body of the employer in a public meeting. The
appointment may not be placed on a consent calendar.
   (2)  The   (A)     Except
as otherwise provided in this paragraph, for state employees, the
 state employer certifies the nature of the employment and that
the appointment is necessary to fill a critically needed state
employment position before 180 days have passed and the appointment
has been approved by the Department of Human Resources. The
department may establish a process to delegate appointing authority
to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department
may assume an agency's appointing authority for retired workers and
may charge the department an appropriate amount for administering
that authority. 
   (B) For legislative employees, the Senate Committee on Rules or
the Assembly Rules Committee certifies the nature of the employment
and that the appointment is necessary to fill a critically needed
position before 180 days have passed and approves the appointment in
a public meeting. The appointment may not be placed on a consent
calendar.  
   (C) For employees of the California State University, the Trustees
of the California State University certifies the nature of the
employment and that the appointment is necessary to fill a critically
needed position before 180 days have passed and approves the
appointment in a public meeting. The appointment may not be placed on
a consent calendar.  
   (D) For judicial employees, the Administrative Office of the
Courts certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before
180 days have passed and approves the appointment in a public
meeting. The appointment may not be placed on a consent calendar.

   (3) The retiree is eligible to participate in the Faculty Early
Retirement Program pursuant to a collective bargaining agreement with
the California State University that existed prior to January 1,
2013, or has been included in subsequent agreements.
   (4) The retiree is a public safety officer or firefighter hired to
perform a function or functions regularly performed by a public
safety officer or firefighter.
   (g) A retired person who accepted a retirement incentive upon
retirement shall not be eligible to be employed pursuant to this
section for a period of 180 days following the date of retirement and
subdivision (f) shall not apply.
   (h) This section shall not apply to a person who is retired from
the State Teachers' Retirement System, and who is subject to Section
24214, 24214.5, or 26812 of the Education Code.
   (i) This section shall not apply to (1) a subordinate judicial
officer whose position, upon retirement, is converted to a judgeship
pursuant to Section 69615, and he or she returns to work in the
converted position, and the employer is a trial court, or (2) a
retiree who takes office as a judge of a court of record pursuant to
Article VI of the California Constitution or a retiree of the Judges'
Retirement System or the Judges' Retirement System II who is
appointed to serve as a retired judge.