BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 86
Lou Correa, Chair Hearing date: June 8, 2009
AB 86 (Nava) as introduced 12/9/08 FISCAL: YES
PERS: SAFETY MEMBERSHIP FOR AIRPORT PATROL OFFICERS
HISTORY :
Sponsor: Peace Officers Research Association of
California (PORAC)
Service Employees International Union (SEIU)
Prior legislation: AB 376 (Nava) 2008
Vetoed
ASSEMBLY VOTES :
PER & SS 6-0 4/01/09
Appropriations 16-0 4/22/09
Assembly Floor 79-0 5/04/09
SUMMARY :
Would allow local contracting agencies of the California
Public Employees Retirement System (PERS) to reclassify
specified airport law enforcement officers as local safety
members.
BACKGROUND :
1) PERS safety retirement benefits are higher than
non-safety
The committee is advised that PERS safety members receive
enhanced retirement formulas and industrial death and
disability benefits . Basic requirements for safety status
have included actively enforcing the law and being
substantially responsible for the protection of people and
property.
David Felderstein
Date: 5/27/09 Page 1
2) Existing PERS law provides that some employee positions
are optional for safety benefits
The committee is advised that existing PERS law requires that
employees in some positions be designated as safety
employees. These typically include local police officers,
firefighters, sheriffs and investigators for district
attorneys' offices. PERS safety members do not participate
in the federal Social Security, so neither the employer nor
the employee is required to contribute to the program (6.2%
of pay for both the employer and employee).
David Felderstein
Date: 5/27/09 Page 2
Many other local safety designations included in existing
PERS law , however, are optional and the local employer must
agree to include them in the safety member classification.
These positions include lifeguards, emergency medical
technicians, harbor and port police, police in school
districts, park rangers, and others.
ANALYSIS :
1) Airport patrol officers are now "miscellaneous"
(non-safety) members of PERS
According to PERS , those employees who perform duties as
airport patrol officers are now classified as PERS local
miscellaneous members if their functions do not clearly fall
within the scope of active law enforcement.
2) This bill would add airport patrol officer to optional
PERS local safety member benefits
This bill :
a) expands the definition of "local safety member" to
include any airport patrol officer, airport law enforcement
officer, or airport police officer employed by a PERS local
contracting agency,
b) removes affected employees from Social Security, and
c) specifies that this provision only applies to local
agencies that choose to amend their contract with PERS to
include it.
FISCAL EFFECT :
According to the Assembly Appropriations Committee analysis:
"1) Increase in employer contributions for local agencies
choosing to provide the local safety designation to their
airport patrol officers, partly offset by reductions in
employer costs for federal social security contributions.
David Felderstein
Date: 5/27/09 Page 3
Statewide costs likely to be modest, however, because most
patrol officers at major airports are either working for
general police agencies (and thus are already classified as
local safety members) or are employed by agencies that do
not contract with CalPERS.
2) Since election by local governments to provide this
option is voluntary, the measure would not constitute a
local mandate. CalPERS indicates that workload associated
with contract changes could be absorbed."
David Felderstein
Date: 5/27/09 Page 4
COMMENTS :
1) Arguments in support
According to supporters:
"Airport patrol officers are responsible for the safety of
the public while they are on airport property and in the
wake of September 11th, the duties of airport patrolmen
have become much more intense. Airport officers are
classified as Peace Officers under California Penal Code
Section 830.33. They are the primary law enforcement
officers and first responders to all emergency and
non-emergency calls for law enforcement services in
airports and they are required to carry firearms and other
safety equipment. However, regardless of their safety
duties, airport patrol officers are not classified with
other peace officers in the Government Code as local safety
members. This bill will give airport patrol officers the
same negotiating power with their contract agencies that
other officers
who risk their well-being for the safety of the public
have."
2) Arguments in opposition
According to the California Association of Joint Powers
Authorities (CAJPA), which opposes this bill :
"The CAJPA opposes this bill because it expands who is
considered eligible to receive special benefits under Labor
Code 4850 and classifies additional occupations into the
definition of "Public Safety Officers." Labor Code 4850
and Presumption Benefits are provided to those employees
who face certain risks on a daily basis and are more prone
to be injured by these events than other employees.
Under current law, a public employer may already provide
additional benefits to any occupation group, if is so
chooses by offering injury/illness leaves and salary
continuation benefits without having to change the
definition of who is a public safety officer. CAJPA does
not believe that expanding benefit coverage in these hard
David Felderstein
Date: 5/27/09 Page 5
economic times is reasonable or prudent and may cause
additional reductions in force and layoffs of other
classifications of public sector employees."
3) Similar bill vetoed last year
This bill is similar to AB 376 (Nava) of 2008 which was
vetoed by the Governor due to the 2008-2009 State Budget
delay. In his veto message, the Governor stated:
"The historic delay in passing the 2008-2009 State Budget
has forced me to prioritize the bills sent to my desk at
the end of the year's legislative session. Given the
delay, I am only signing bills that are the highest
priority for California. This bill does not meet that
standard and I cannot sign it at this time."
David Felderstein
Date: 5/27/09 Page 6
4) SUPPORT :
American Federation of State, County and Municipal
Employees (AFSCME)
5) OPPOSITION :
California Association of Joint Powers Authorities
(CAJPA)
David Felderstein
Date: 5/27/09 Page 7
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David Felderstein
Date: 5/27/09 Page 8