SB 539, as introduced, Walters. Retirement benefit formulas: Orange County.
The County Employees Retirement Law of 1937 authorizes counties and districts, as defined, to provide retirement benefits to their employees pursuant to its provisions.
The law authorizes the board of supervisors or the governing body of a district in Orange County, by resolution adopted by majority vote and made pursuant to a memorandum of understanding, as specified, to make certain formulas for the calculation of benefits for general or safety members applicable to the employees of a bargaining unit comprised of general members, safety members, or employees of the Probation Services Unit and Probation Supervisory Management Unit, as specified. The law also requires the affected members, subject to certain conditions, to pay some or all of those additional contributions, as specified.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 31678.3 of the Government Code is
2amended to read:
(a) Notwithstanding any other provision of this
4chapter, a resolution adopted by a board of supervisors to make
5any formula for calculation of retirement benefits described in this
6section applicable to the employees of the county does not apply
7to make that formula applicable to the employees of any district
8within the county. The governing body of a district may elect, by
9resolution adopted by majority vote, to make any formula for
10calculation of retirement benefits described in this section
11applicable to the employees of the district irrespective of whether
12the board of supervisors has made that election with respect to
13employees of the county.
14(b) Notwithstanding any other provision of this chapter, the
15board of
supervisors or the governing body of a district may, by
16resolution adopted by majority vote, pursuant to a memorandum
17of understanding made under the Meyers-Milias-Brown Act
18(Chapter 10 (commencing with Section 3500) of Division 4 of
19Title 2), do any or all of the following:
20(1) Apply Section 31621.8, 31676.17, 31676.18, or 31676.19
21for the calculation of retirement benefits for general members to
22the employees in a bargaining unit comprised of general members.
23(2) Apply Section 31664.1 for the calculation of retirement
24benefits for safety members to the employees in a bargaining unit
25comprised of safety members.
26(3) Apply Section 31664 for the calculation of retirement
27benefits for safety members to the employees of the Probation
28Services Unit and the Probation Supervisory Management Unit.
29(c) Any nonrepresented employees within similar job
30classifications as employees in a bargaining unit described in
31subdivision (b) or supervisors and managers thereof shall be subject
32to the same formula for the calculation of retirement benefits
33applicable to the employees in that bargaining unit.
34(d) A resolution adopted pursuant to subdivision (b) may require
35members to pay a portion of the contributions attributable to past
36service liability, that would have been required if the benefits
37specified in the resolution, as adopted by the board of supervisors
38or the governing body of the district, had been in effect during the
P3 1period of time designated in the resolution. Any payments required
2of represented employees shall first be approved in a memorandum
3of understanding made under the Meyers-Milias-Brown Act and
4executed by the board of supervisors or the governing body of the
5
district and the employee representatives. The contributions paid
6by a member pursuant to this subdivision shall become part of the
7accumulated contributions of the member.
8(e) This section shall onlybegin delete be applicableend deletebegin insert
applyend insert to members who
9retire on or after the effective date of the resolution described in
10subdivision (b).
11(f) The board of supervisors or the governing body of a district
12may not unilaterally implement a retirement formula for any of its
13bargaining units.
14(g) This section shall apply only in Orange County.
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