BILL NUMBER: AB 775	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Niello

                        FEBRUARY 22, 2007

   An act to amend Sections 31680.2, 31680.3, and 31680.6 of the
Government Code, relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 775, as introduced, Niello. County employees' retirement:
employment of retirees: prohibition.
    The County Employees Retirement Law of 1937 authorizes a county
to employ, without reinstatement from retirement, a retired member in
a position requiring special skills or knowledge. Under the law, a
retired member may not work more than 90 working days or 720 hours,
in a fiscal year or any other designated 12-month period, except as
specified in Contra Costa County. The law authorizes a board of
supervisors to extend that reemployment period to permit a retired
member to work up to 120 working days or 960 hours, whichever is
greater, in a fiscal year or any other designated 12-month period.
   This bill would provide that the authorizations described above
are inapplicable to a retired member who is employed by an employer
under the system and who, within 12 months prior to that employment,
received unemployment insurance compensation following the
termination of an appointment with the same employer. The bill would
require a retired person who accepts an appointment after receiving
unemployment insurance compensation, as specified, to terminate that
employment on the last day of the current pay period and would
prohibit reappointment for a period of 12 months.
   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 31680.2 of the Government Code is amended to
read:
   31680.2.   (a)    Any person who has retired may
be employed in a position requiring special skills or knowledge, as
determined by the county or district employing him or her, for not to
exceed 90 working days or 720 hours, whichever is greater, in any
one fiscal year or any other 12-month period designated by the board
of supervisors and may be paid for that employment. That employment
shall not operate to reinstate the person as a member of this system
or to terminate or suspend his or her retirement allowance, and no
deductions shall be made from his or her salary as contributions to
this system. 
   (b) (1) This section shall not apply to any retired person who is
otherwise eligible for employment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.  
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. 
  SEC. 2.  Section 31680.3 of the Government Code is amended to read:

   31680.3.   (a)    Notwithstanding Section
31680.2, any member who has been covered under the provisions of
Section 31751 and has retired may be reemployed in a position
requiring special skills or knowledge, as determined by the county or
district employing the member, for not to exceed 120 working days or
960 hours, whichever is greater, in any one fiscal year and may be
paid for that employment. That employment shall not operate to
reinstate the person as a member of this system or to terminate or
suspend the person's retirement allowance, and no deductions shall be
made from the person's salary as contributions to this system. 
   (b) (1) This section shall not apply to any retired member who is
otherwise eligible for reemployment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.  
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. 
  SEC. 3.  Section 31680.6 of the Government Code is amended to read:

   31680.6.   (a)    Notwithstanding Section
31680.2, any county subject to Section 31680.2 may, upon adoption of
a resolution by a majority vote by the board of supervisors, extend
the period of time provided for in Section 31680.2 for which a person
who has retired may be employed in a position requiring special
skills or knowledge, as determined by the county or district
employing him or her, to not to exceed 120 working days or 960 hours,
whichever is greater, in any one fiscal year or any other 12-month
period designated by the board of supervisors and may be paid for
that employment. That employment shall not operate to reinstate the
person as a member of this system or to terminate or suspend his or
her retirement allowance, and no deductions shall be made from his or
her salary as contributions to this system. 
   (b) (1) This section shall not apply to any retired person who is
otherwise eligible for employment under this section if, during the
12-month period prior to an appointment described in this section,
that retired person receives unemployment insurance compensation
arising out of prior employment subject to this section with the same
employer.  
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment.