Amended in Senate March 18, 2013

Senate Bill No. 220

Introduced by Senator Beall

February 11, 2013

An act to amend begin delete Section 21060 of end delete begin insert Sections 9353, 75005, and 75505 of, and to add Section 20004 to, end insert the Government Code, relating to public employees’ retirement.

LEGISLATIVE COUNSEL’S DIGEST

SB 220, as amended, Beall. begin delete Retirement: state employees. end delete begin insert California Public Employees’ Pension Reform Act of 2013: administration. end insert

begin insert

The Public Employees’ Retirement Law establishes the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees. Existing law also establishes the Judges’ Retirement System and Judges’ Retirement System II, which provide pension benefits to judges, as defined, and the Legislators’ Retirement System, which provides pension benefits to specified elective officers of the state, other than judges, and to legislative statutory officers. Existing law requires that these systems be administered by the Board of Administration of PERS. Existing law, the California Public Employees’ Pension Reform Act of 2013 (PEPRA), on and after January 1, 2013, generally requires a public retirement system, as defined, to modify its plan or plans to comply with the act, as specified.

end insert begin insert

This bill would require the Board of Administration of PERS to administer each of the retirement systems described above in conformance with PEPRA as if the provisions of the act were contained in the provisions governing those systems. The bill would provide that if the board determines that there is a conflict between the provisions of PEPRA and respective provisions of those systems, the provisions of PEPRA control.

end insert begin delete

The Public Employees’ Retirement Law provides a comprehensive set of rights and benefits for its members based upon age, service credit, and final compensation. That law requires a member of the Public Employees’ Retirement System to be retired for service upon his or her written application, if he or she has attained 50 years of age and is credited with 5 years of state service, except as specified.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 9353 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

9353.  

This system shall be administered by the Board of
Administration of the Public Employees’ Retirement System. The
board shall administer this system in accordance with the
provisions of the Public Employees’ Retirement Law to the same
extent and with the same effect as if those provisions are contained
in the Legislator’s Retirement Law, except for those provisions
which provide for the payment of an allowance or other benefit
and except for those provisions which conflict with any provision
or provisions of the Legislators’ Retirement Law. begin insert To the extent
applicable, the board shall also administer this system in
conformance with the California Public Employees’ Pension
Reform Act of 2013 (Article 4 (commencing with Section 7522) of
Chapter 21 of Division 7 of Title 1) to the same extent and with
the same effect as if the provisions of the act are contained in the
Legislators’ Retirement Law. If the Board of Administration of the
Public Employees’ Retirement System determines that there is a
conflict between the provisions of the California Public Employees’
Pension Reform Act of 2013 and this chapter, the provisions of
the California Public Employees’ Pension Reform Act of 2013
shall control. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 20004 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 20004. end insert   

(a) It is the intent of the Legislature, in enacting this
section and amending this part, to comply with, and implement
the provisions of, the California Public Employees’ Pension Reform
Act of 2013 (Article 4 (commencing with Section 7522) of Chapter
21 of Division 7 of Title 1) to ensure the continued ability of the
board to invest the retirement fund and administer the system in
conformity with its duties and responsibilities and to ensure that
members are provided with the retirement and related benefits to
which they are entitled pursuant to law.

(b) To achieve the purposes set forth in subdivision (a), the
board shall have all powers reasonably necessary to invest the
assets associated with, and to administer and implement the
provisions of, the California Public Employees’ Pension Reform
Act of 2013, to the extent and with the same effect as if the
provisions of the act are contained in the Public Employees’
Retirement Law. All laws governing the investment of the
retirement fund, and the organization, procedures, and
administrative duties and responsibilities of the board shall be
applicable to the board in its administration of the California
Public Employees’ Pension Reform Act of 2013, to the extent these
laws are not in conflict with, or are not inconsistent with, the act.
If the board determines that there is a conflict between the
provisions of the California Public Employees’ Pension Reform
Act of 2013 and the Public Employees’ Retirement Law, the
provisions of the California Public Employees’ Pension Reform
Act of 2013 shall control.

(c) Nothing in this section shall be construed to amend,
supersede, limit, or extend the application of the provisions of the
California Public Employees’ Pension Reform Act of 2013.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 75005 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

75005.  

Notwithstanding any other provision of law, this chapter
shall be administered and governed by the Board of Administration
of the Public Employees’ Retirement System in accordance with
the Public Employees’ Retirement Law to the same extent and
with the same effect as if those provisions are contained in the
Judges’ Retirement Law, except for those provisions which provide
for the payment of an allowance or other benefit and except for
those provisions which conflict with any provision of the Judges’
Retirement Law. begin insert To the extent applicable, the Board of
Administration of the Public Employees’ Retirement System shall
also administer this chapter in conformance with the California
Public Employees’ Pension Reform Act of 2013 (Article 4
(commencing with Section 7522) of Chapter 21 of Division 7 of
Title 1) to the same extent and with the same effect as if the
provisions of the act are contained in the Judges’ Retirement Law.
If the Board of Administration of the Public Employees’ Retirement
System determines that there is a conflict between the provisions
of the California Public Employees’ Pension Reform Act of 2013
and this chapter, the provisions of the California Public
Employees’ Pension Reform Act of 2013 shall control. end insert “State
Controller” or “Controller” as used in this chapter, or any other
provision of law relating to the chapter, shall be construed to refer
to and mean the “Board of Administration of the Public Employees’
Retirement System”; however, the Controller shall continue to
perform the duties prescribed in Sections 75092, 75097, 75101,
and 75102.

All payments from the Judges’ Retirement Fund shall be made
upon warrants drawn by the Controller upon demands by the Board
of Administration of the Public Employees’ Retirement System.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 75505 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

75505.  

(a) This chapter shall be administered and governed
pursuant to the Public Employees’ Retirement Law to the same
extent and with the same effect as if those provisions are contained
in this chapter, except for those provisions that provide for the
payment of an allowance or other benefit and except for those
provisions that conflict with any provision of this chapter. begin insert To the
extent applicable, the Board of Administration of the Public
Employees’ Retirement System shall administer this chapter in
conformance with the California Public Employees’ Pension
Reform Act of 2013 (Article 4 (commencing with Section 7522) of
Chapter 21 of Division 7 of Title 1) to the same extent and with
the same effect as if the provisions of the act are contained in the
Judges’ Retirement System II Law. If the Board of Administration
of the Public Employees’ Retirement System determines that there
is a conflict between the provisions of the California Public
Employees’ Pension Reform Act of 2013 and this chapter, the
provisions of the California Public Employees’ Pension Reform
Act of 2013 shall control. end insert

(b) All payments from the Judges’ Retirement System II Fund
shall be made upon warrants drawn by the Controller upon
demands by the Board of Administration of the Public Employees’
Retirement System.

begin delete

SECTION 1.  

Section 21060 of the Government Code is
amended to read:

21060.  

(a) A member shall be retired for service upon his or
her written application to the board if he or she has attained 50
years of age and is credited with five years of state service, except
as provided in Sections 21061, 21062, and 21074.

(b) For purposes of this section, “state service” includes service
to the state for which the member, pursuant to Section 20281.5,
did not receive credit.

end delete