BILL ANALYSIS Ó
SB 39
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SENATE THIRD READING
SB 39 (De León)
As Amended September 6, 2013
2/3 vote. Urgency
SENATE VOTE : Vote not relevant
NATURAL RESOURCES APPROPRIATIONS
(vote not relevant) (vote not
relevant)
SUMMARY : Specifies procedure for handling any claim by a local
public officer for funding of retirement benefits that have been
disallowed by a public retirement system. Specifically, this
bill :
1)Provides that a local public officer, as defined, who believes
that he or she is entitled to claim, from a local public
agency employer, for funding of retirement benefits that have
been disallowed by a public retirement system, however those
benefits may be characterized, including, but not limited to,
as lost compensation, may only pursue that claim through the
administrative process and appeal procedure available under
the applicable public retirement system.
2)Establishes that the local public agency employer shall only
be responsible for amounts awarded to the local public officer
as provided by this act.
3)Defines "local public officer," for the purpose of this act,
to mean a person, either elected or appointed, with all of the
following characteristics:
a) The person exercised discretionary, executive authority
in his or her employment.
b) The person was convicted of a felony for conduct arising
out of, or in the performance of, his or her official
duties.
c) This section shall apply to any claim filed prior to
January 1, 2014, and still pending on that date, and any
claim commenced after that date.
4)Finds and declares that local public agencies need protection
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from disgraced and avaricious public officials who, following
conviction for crimes arising out of the performance of their
official duties, continue to abuse the public trust by
asserting a claim that their former employers owe them the
value of pension benefits that the public retirement systems
charged with administration of those benefits have rightfully
disallowed.
5)Declares that this act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety,
and declares that the facts constituting the necessity are
that "In order to protect the public from local public
officers who are convicted of felonies due to violations of
the public trust and who continue to abuse the public trust
and rob the taxpayers, it is necessary that this act take
effect immediately."
FISCAL EFFECT : Unknown
COMMENTS : As recently amended, this bill specifies the
procedural rights of a local public officer who believes that he
or she is entitled to claim, from a local public agency
employer, funding of retirement benefits that have been
disallowed by a public retirement system, regardless of how
those benefits may be characterized, including, but not limited
to, lost compensation. In such cases, the bill establishes that
the local public officer may pursue that claim only through the
administrative process and appeal procedure available under the
applicable public retirement system. Furthermore, the bill
provides that the local public agency employer shall be
responsible only for amounts awarded to the local public officer
as provided by this act.
For the purpose of this bill, a "local public officer" means a
person, either elected or appointed, who exercised
discretionary, executive authority in his or her employment, and
who was convicted of a felony for conduct arising out of, or in
the performance of, his or her official duties. This bill
applies to any claim filed prior to January 1, 2014, and still
pending on that date, and any claim commenced after that date.
The bill recites legislative findings and declarations to the
effect that this bill is needed because "local public agencies
need protection from disgraced and avaricious public officials
who, following conviction for crimes arising out of the
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performance of their official duties, continue to abuse the
public trust by asserting a claim that their former employers
owe them the value of pension benefits that the public
retirement systems charged with administration of those benefits
have rightfully disallowed."
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0002594