Amended in Assembly August 28, 2013

Amended in Assembly August 27, 2013

Senate BillNo. 102


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


An act relating to the state employees, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 102, as amended, Committee on Budget and Fiscal Review. State employees: memoranda of understanding.

Existing law requires the Department of Human Resources to provide to the Joint Legislative Budget Committee any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act. Existing law requires the Joint Legislative Budget Committee, within 30 days after receiving the side letter, appendix, or other addendum, to determine if the addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the addendum.

This bill would approve the addenda to memoranda of understanding entered into by the state employer and certain bargaining units that require the expenditure of funds, as specified, and would further appropriate $45,115,000 from the General Fund and other unallocated nongovernmental cost funds for those purposes. The bill would also approve a calculation of final compensation for the Department of Water Resources, State Member Unit 12, as specified.

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares that the
2purpose of this act is to approve addenda to memoranda of
3understanding entered into by the state employer and specific state
4bargaining units that require the expenditure of funds.

5

SEC. 2.  

The provisions of the addenda to memoranda of
6understanding entered into by the state employer and the state
7bargaining units that require the expenditure of funds are hereby
8approved for the purposes of Section 3517.63 of the Government
9Code.

10

SEC. 3.  

(a) Addenda to memoranda of understanding entered
11into by the state employer and the following state bargaining units
12are hereby approved in accordance with the following schedule:

13(1) State Bargaining Unit 5: California Association of Highway
14Patrol addendum dated June 19, 2013, effective July 1, 2013.

15(2) State Bargaining Unit 12: International Union of Operating
16Engineers addendum dated June 20, 2013, effective July 1, 2013,
17requiring an appropriation.

18(3) State Bargaining Unit 12: International Union of Operating
19Engineers addendum (Lanterman Developmental Center Closure)
20dated July 3, 2013.

21(4) State Bargaining Unit 7: California Statewide Law
22Enforcement Association addendum dated July 31, 2013, effective
23upon approval of this act, requiring an appropriation.

24(5) State Bargaining Units 1 and 4: Service Employees
25International Union Local 1000 addendum dated July 31, 2013,
26and effective upon approval of this act, requiring an appropriation.

27(6) State Bargaining Units 1, 3, 4, 11, 15, 17 and 20: Service
28Employees International Union Local 1000 addendum (Lanterman
29Developmental Center Closure) dated July 2, 2013.

30(7) State Bargaining Unit 18: California Association of
31Psychiatric Technicians addendum (Lanterman Developmental
32Center) dated July 5, 2013.

P3    1(8) Bargaining Unit 19: American Federation of State, County
2and Municipal Employees (Lanterman Developmental Center
3Closure) addendum dated July 2, 2013.

4(b) The sum of forty-five million one hundred fifteen thousand
5dollars ($45,115,000) is hereby appropriatedbegin delete from the General
6Fundend delete
for the purposes of state employee compensation in
7accordance with the following schedules:

8(1) The sum of eighteen million two hundred eighty-five
9thousand dollars ($18,285,000) is appropriated, to the extent set
10forth in Section 5 of this act, relative to an addendum dated June
1120, 2013, for State Bargaining Unit 12 for expenditures in the
122013-14 fiscal year in augmentation of, and for the purpose of
13state employee compensation as provided in, Items 9800-001-0001,
149800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget
15Act of 2013 in accordance with the following schedule:

16(A) One million four hundred fifty-two thousand dollars
17($1,452,000) from the General Fund in augmentation of Item
189800-001-0001.

19(B) Eleven million two hundred seventy-eight thousand dollars
20($11,278,000) in augmentation of Item 9800-001-0494.

21(C) Five million five hundred fifty-five thousand dollars
22($5,555,000) from other unallocated nongovernmental cost funds
23in augmentation of Item 9800-001-0988.

24(2) The sum of twenty six million eight hundred thirty thousand
25dollars ($26,830,000) is appropriated, to the extent set forth in
26Section 5 of this act, relative to addenda dated July 31, 2013, for
27those in State Bargaining Units 1, 4, and 7 for expenditures in the
282013-14 fiscal year in augmentation of, and for the purpose of
29state employee compensation as provided in, Items 9800-001-0494
30and 9800-001-0988 of Section 2.00 of the Budget Act of 2013 in
31accordance with the following schedule:

32(A) Seventeen million nine hundred seventy-six thousand dollars
33($17,976,000) in augmentation of Item 9800-001-0494.

34(B) Eight million eight hundred fifty-four thousand dollars
35($8,854,000) from other unallocated nongovernmental cost funds
36in augmentation of Item 9800-001-0988.

37

SEC. 4.  

After July 1, 2013, the following calculation for final
38compensation for the Department of Water Resources, State
39Member Unit 12, shall apply:

P4    1(a) Notwithstanding Sections 20035, 20037, and 20037.8 of the
2Government Code, “final compensation,” for the purpose of
3determining any pension or benefit with respect to a Department
4of Water Resources employee hired before July 1, 2013, in the
5following job classifications: 3728, 3729, 3730, 3731, 6246, 6259,
66262, 6263, 6265, 6267, 6450, 6451, 6452, 6453, 6454, 6455,
76456, 6457, 6458, 6459, 6460, 6461, 6462, 6463, 6465, 6466,
86467, 6469, who is a member of State Bargaining Unit 12 or a
9related excluded unit associated with State Bargaining Unit 12,
10and whose monthly salary range that was to be effective July 1,
112013, was increased pursuant to a memorandum of understanding
12entered into during the 2013-14 fiscal year, shall be determined
13in accordance with the provisions of this section.

14(b) For an employee who retires or dies on or after July 1, 2013,
15and prior to July 1, 2014, any pay increase pursuant to a
16memorandum of understanding entered into during the 2013-14
17fiscal year shall not be used in determining “final compensation.”

18(c) For an employee who retires or dies on or after July 1, 2014,
19 and prior to July 1, 2015, only 50 percent of the pay increase
20pursuant to a memorandum of understanding entered into during
21the 2013-14 fiscal year shall be used in determining “final
22compensation.”

23(d) For an employee who retires or dies on or after July 1, 2015,
24the entire pay increase pursuant to a memorandum of understanding
25entered into during the 2013-14 fiscal year shall be used in
26determining “final compensation.”

27(e) The increased costs, if any, that may result from the
28application of the definition of “final compensation” provided in
29this section shall be paid by the employer in the same manner as
30other retirement benefits are funded.

31

SEC. 5.  

This act is a bill providing for appropriations related
32to the Budget Bill within the meaning of subdivision (e) of Section
3312 of Article IV of the California Constitution, has been identified
34as related to the budget in the Budget Bill, and shall take effect
35immediately.



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