BILL NUMBER: AB 264	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 4, 2003

   An act to amend Sections 31496.3 and 31625.2 of, and to add
Section 31497.1 to, the Government Code, relating to county employees'
retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 264, as introduced, Mullin.  County employees' retirement:  San
Mateo County.
   (1) The County Employees Retirement Law of 1937 establishes an
alternative retirement plan, known as Retirement Plan 3, for
employees of the retirement system in San Mateo County and provides
that a member of that plan, whose employment is terminated and who is
subsequently reemployed, may receive service credit for that prior
service only if he or she is reemployed within 2 years.
   Under this bill, a member of that plan would receive service
credit for that prior service irrespective of the time of
reemployment.
   (2) Under the County Employees Retirement Law of 1937, members of
the retirement system in San Bernardino County with 30 years' of
continuous service are exempt from salary deductions for
contributions to the retirement system.
   This bill would also exempt members of the retirement system in
San Mateo County with 30 years' of continuous service from those
deductions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31496.3 of the Government Code is amended to
read:
   31496.3.  Unless the context otherwise requires, the definitions
contained in this section govern the construction of this article.
   (a) "Board" means the board of retirement.
   (b) "Employer" means the county or district or agency whose
employees are members of the retirement system of the county.
   (c) "Federal system" means the Old Age and Survivors Insurance
provisions of the Social Security Act.
   (d) "Final compensation" means the average annual compensation
earnable by a general member during any three years, whether or not
consecutive, elected by the member at or before the time an
application for retirement is filed or, if no election is made,
during the three years in which the member or former member last
earned compensation preceding retirement.  If a member or former
member has less than three years of service, final compensation shall
be determined by dividing total compensation by the number of months
of service credited to the member or former member and multiplying
by 12.   In no event shall final   Final 
compensation  does not  include any disability benefits
received by the member or former member under a disability plan
provided by the employer.
   (e) "Member" or "general member" means an employee hired on a
permanent basis, as defined by the employer, except an employee
eligible for safety membership.
   (f) "Primary insurance amount" means the monthly retirement
benefit payable under the federal system at the age of 65  years
 .
   (g) "Service" means the period of uninterrupted employment of a
member and the time in which a member or former member (1) is totally
disabled, and (2) is receiving disability benefits or is eligible to
receive disability benefits either during or after any elimination
or qualifying period, under a disability plan provided by the
employer.
   Except as otherwise herein provided, a member  shall
  may  not be credited with service for any period
of time in which the member is absent from work without pay.
   Unless otherwise provided, service  shall  
does  not include military service or public service other than
service with the employer.  
   Notwithstanding any other provision of this chapter, a member who
has elected or transferred to the plan created by this article and
who is terminated for any reason and is later reemployed shall
receive credit at retirement for his or her service rendered prior to
termination if the reemployment occurs within two years of
termination. 
  SEC. 2.  Section 31497.1 is added to the Government Code, to read:

   31497.1.  A member who has elected or transferred to the plan
created by this article and whose employment is terminated for any
reason and who is later reemployed shall receive credit at retirement
for his or her service rendered prior to the first termination of
employment.
  SEC. 3.  Section 31625.2 of the Government Code is amended to read:

   31625.2.   (a)  Notwithstanding any other
provisions of this chapter  , contributions shall 
 :
   (a) Contributions may  not be deducted from the salary of any
member having credit for 30 years' service  providing
  if  the member was a member on March 7, 1973, and
remained in membership continuously until credited with 30 years'
service.
   (b)  Notwithstanding subdivision (a), contributions shall
  Contributions may  not be deducted from the
salary of any member having credit for 30 years' of continuous
service in the retirement association of a county of the seventh
class as established by Sections 28020 and 28028  or a county of
the 10th class as established by Sections 28020 and 28031  .