BILL NUMBER: SB 220 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 18, 2013
INTRODUCED BY Senator Beall
FEBRUARY 11, 2013
An act to amend Section 21060 of Sections
9353, 75005, and 75505 of, and to add Section 20004 to, the
Government Code, relating to public employees' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 220, as amended, Beall. Retirement: state employees.
California Public Employees' Pension Reform Act of
2013: administration.
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.
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.
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.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9353 of the
Government Code is amended to read:
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. 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.
SEC. 2. Section 20004 is added to the
Government Code , to read:
20004. (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.
SEC. 3. Section 75005 of the Government
Code is amended to read:
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. 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.
"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.
SEC. 4. Section 75505 of the Government
Code is amended to read:
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. 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
provisi ons 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.
(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.
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.