BILL NUMBER: AB 398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 14, 2003

   An act to amend Section 31496.3 of the Government Code, relating
to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 398, as introduced, Mullin.  County employees' retirement:  San
Mateo County.
   Existing law establishes an alternative retirement plan for San
Mateo County known as Retirement Plan 3.
   This bill would make technical, nonsubstantive changes to that
provision.
   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 compensation 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.
   (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  
may  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.