BILL ANALYSIS Ó
AB 2028
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2028
(Cooper) - As Introduced February 16, 2016
SUBJECT: School and safety employees: wrongful termination:
service credit
SUMMARY: Clarifies that "wrongfully" terminated school and
local safety employees are entitled to have their service credit
restored in the California Public Employees' Retirement System
(CalPERS). Specifically, this bill:
1)Requires that the service credit and compensation earnable for
a wrongfully terminated school classified or local safety
member of CalPERS be restored, as specified.
2)Requires the employer of a wrongfully terminated employee to
notify CalPERS of a final decision ordering reinstatement of
the employee, as specified.
3)Defines "wrongful termination" for purposes of this section as
any termination action by an employer that has been reversed
or modified by a final decision ordering reinstatement.
AB 2028
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4)Defines "final decision ordering reinstatement" for purposes
of this section as a final decision of the employer, a court,
an administrative agency, a personnel commission, or an
arbitrator, that orders the reinstatement of the employee to
employment.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, "Last year in a wrongful
termination case of a classified school employee, CSEA became
aware that existing statutes to restore service credit for
wrongfully terminated employees, apply only to state employees.
Under current law, Government Code (GC) Section 19584 provides
the authority to restore service credit for state workers when
the State Personnel Board revokes or modifies a disciplinary
action. In addition, GC Section 21198 provides the authority to
restore service credit for all CalPERS members, who retired
after being wrongfully terminated, but before the termination
was reversed, pursuant to an administrative or judicial
proceeding.
"A strict reading of these code sections could be deemed not to
provide the same treatment for wrongfully terminated school,
safety, and some local agency employees, as provided to state
employees.
"By clarifying that a wrongfully terminated school classified or
local safety employee is entitled to have restored the service
credit that would have been reported had he or she not been
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wrongfully terminated, this bill will ensure parity and equity
between these employees and state workers."
Supporters contend that, "Without this clarifying fix, an
employer would get away with retaining the savings from the
CalPERS cost of that employee and the employee loses the service
credit that he/she otherwise was entitled if the illegal
termination did not occur. A clarifying statute is also
important to protect school employees from 'bad' employers who
may want to use this as a way to keep the savings in retaliation
to the employee"
REGISTERED SUPPORT / OPPOSITION:
Support
California School Employees Association, AFL-CIO (Sponsor)
California Professional Firefighters (Co-sponsor)
Association for Los Angeles Deputy Sheriffs
California Labor Federation
LIUNA Locals 777 & 792
AB 2028
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Los Angeles County Professional Peace Officers Association
Los Angeles Deputy Probation Officers, AFSCME, Local 685
Los Angeles Police Protective League
Riverside Sheriffs' Association
Opposition
None on file
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957