BILL NUMBER: ACA 12	CHAPTERED  06/20/00

	RESOLUTION CHAPTER   83
	FILED WITH SECRETARY OF STATE   JUNE 20, 2000
	ADOPTED IN ASSEMBLY   AUGUST 16, 1999
	ADOPTED IN SENATE   JUNE 15, 2000
	AMENDED IN ASSEMBLY   JUNE 28, 1999

INTRODUCED BY   Assembly Members Papan and Granlund
   (Coauthors:  Assembly Members Aanestad, Ackerman, Alquist, Baugh,
Brewer, Briggs, Calderon, Campbell, Cardenas, Cardoza, Cedillo,
Correa, Cox, Cunneen, Dickerson, Ducheny, Firebaugh, Floyd, Gallegos,
Hertzberg, Honda, House, Kaloogian, Keeley, Kuehl, Leach, Lempert,
Leonard, Longville, Machado, Mazzoni, Migden, Romero, Runner,
Shelley, Soto, Steinberg, Strom-Martin, Thompson, Thomson, Torlakson,
Villaraigosa, Vincent, Washington, Wiggins, Wildman, and Wright)

                        FEBRUARY 25, 1999

   Assembly Constitutional Amendment No. 12--A resolution to propose
to the people of the State of California an amendment to the
Constitution of the State, by amending Section 4.5 of Article IV
thereof, relating to the Legislature.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 12, Papan.  Legislature:  retirement.
   Existing law provides that Members of the Legislature elected or
serving after November 1, 1990, shall participate only in the federal
Social Security System and in no other pension or retirement
program.
   This measure would authorize those members to elect also to
participate in the Public Employees' Retirement System.




   WHEREAS, The current inability of a Member of the Legislature to
participate in a retirement plan deprives the spouse of the Member of
the ability to receive benefits from the service of the Member and
deprives the family of the Member from receiving death benefits
should the Member die unexpectedly; and
   WHEREAS, Members of the Legislature should not have their own
retirement plan, but should be able to participate in the same
retirement plan that is available to rank and file employees of the
state; and
   WHEREAS, This measure is necessary to allow the Members to
participate in a retirement plan under the same circumstances as the
average state employee, now, therefore, be it
   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 1999-2000 Regular
Session commencing on the seventh day of December 1998, two-thirds of
the membership of each house concurring, hereby proposes to the
people of the State of California that the Constitution of the State
be amended by amending Section 4.5 of Article IV thereof, to read:
      SEC. 4.5.  Notwithstanding any other provision of this
Constitution or existing law, a person elected to or serving in the
Legislature on or after November 1, 1990, shall participate in the
Federal Social Security (Retirement, Disability, Health Insurance)
System, and may elect to participate in the Public Employees'
Retirement System in any state retirement plan in which a majority of
the employees of the state may participate.  The State shall pay
only the employer's share of the contributions necessary to that
participation.  No other pension or retirement benefit shall accrue
as a result of service in the Legislature, that service not being
intended as a career occupation.  This section shall not be construed
to abrogate or diminish any vested pension or retirement benefit
that may have accrued under an existing law to a person holding or
having held office in the Legislature, but upon adoption of this act
no further entitlement to nor vesting in any existing programs shall
accrue to any such person, other than the Social Security System and
the Public Employees' Retirement System to the extent herein
provided.