Amended in Assembly September 3, 2013

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 Julybegin delete 31,end deletebegin insert 30,end insert 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.

P3    1(7) State Bargaining Unit 18: California Association of
2Psychiatric Technicians addendum (Lanterman Developmental
3Center) dated July 5, 2013.

4(8) Bargaining Unit 19: American Federation of State, County
5and Municipal Employees (Lanterman Developmental Center
6Closure) addendum dated July 2, 2013.

begin insert

7(9) State Bargaining Unit 8: California Department of Forestry
8and Fire Protection Firefighters addendum dated August 29, 2013,
9effective September 1, 2013.

end insert

10(b) The sum of forty-five million one hundred fifteen thousand
11dollars ($45,115,000) is hereby appropriated for the purposes of
12state employee compensation in accordance with the following
13schedules:

14(1) The sum of eighteen million two hundred eighty-five
15thousand dollars ($18,285,000) is appropriated, to the extent set
16forth in Section 5 of this act, relative to an addendum dated June
1720, 2013, for State Bargaining Unit 12 for expenditures in the
182013-14 fiscal year in augmentation of, and for the purpose of
19state employee compensation as provided in, Items 9800-001-0001,
209800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget
21Act of 2013 in accordance with the following schedule:

22(A) One million four hundred fifty-two thousand dollars
23($1,452,000) from the General Fund in augmentation of Item
249800-001-0001.

25(B) Eleven million two hundred seventy-eight thousand dollars
26($11,278,000) in augmentation of Item 9800-001-0494.

27(C) Five million five hundred fifty-five thousand dollars
28($5,555,000) from other unallocated nongovernmental cost funds
29in augmentation of Item 9800-001-0988.

30(2) The sum of twenty-six million eight hundred thirty thousand
31dollars ($26,830,000) is appropriated, to the extent set forth in
32Section 5 of this act, relative to addenda dated July 31, 2013, for
33those in State Bargaining Units 1, 4, and 7 for expenditures in the
342013-14 fiscal year in augmentation of, and for the purpose of
35state employee compensation as provided in, Items 9800-001-0494
36and 9800-001-0988 of Section 2.00 of the Budget Act of 2013 in
37accordance with the following schedule:

38(A) Seventeen million nine hundred seventy-six thousand dollars
39($17,976,000) in augmentation of Item 9800-001-0494.

P4    1(B) Eight million eight hundred fifty-four thousand dollars
2($8,854,000) from other unallocated nongovernmental cost funds
3in augmentation of Item 9800-001-0988.

4

SEC. 4.  

After July 1, 2013, the following calculation for final
5compensation for the Department of Water Resources, State
6Member Unit 12, shall apply:

7(a) Notwithstanding Sections 20035, 20037, and 20037.8 of the
8Government Code, “final compensation,” for the purpose of
9determining any pension or benefit with respect to a Department
10of Water Resources employee hired before July 1, 2013, in the
11following job classifications: 3728, 3729, 3730, 3731, 6246, 6259,
126262, 6263, 6265, 6267, 6450, 6451, 6452, 6453, 6454, 6455,
136456, 6457, 6458, 6459, 6460, 6461, 6462, 6463, 6465, 6466,
146467, 6469, who is a member of State Bargaining Unit 12 or a
15related excluded unit associated with State Bargaining Unit 12,
16and whose monthly salary range that was to be effective July 1,
172013, was increased pursuant to a memorandum of understanding
18entered into during the 2013-14 fiscal year, shall be determined
19in accordance with the provisions of this section.

20(b) For an employee who retires or dies on or after July 1, 2013,
21and prior to July 1, 2014, any pay increase pursuant to a
22memorandum of understanding entered into during the 2013-14
23fiscal year shall not be used in determining “final compensation.”

24(c) For an employee who retires or dies on or after July 1, 2014,
25and prior to July 1, 2015, only 50 percent of the pay increase
26pursuant to a memorandum of understanding entered into during
27the 2013-14 fiscal year shall be used in determining “final
28compensation.”

29(d) For an employee who retires or dies on or after July 1, 2015,
30the entire pay increase pursuant to a memorandum of understanding
31entered into during the 2013-14 fiscal year shall be used in
32determining “final compensation.”

33(e) The increased costs, if any, that may result from the
34application of the definition of “final compensation” provided in
35this section shall be paid by the employer in the same manner as
36other retirement benefits are funded.

37

SEC. 5.  

This act is a bill providing for appropriations related
38to the Budget Bill within the meaning of subdivision (e) of Section
3912 of Article IV of the California Constitution, has been identified
P5    1as related to the budget in the Budget Bill, and shall take effect
2immediately.



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