BILL NUMBER: AB 609	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 25, 2009

   An act  to add Section 31720.2 to the Government Code,
  relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 609, as amended, Conway. County employees retirement: 
disability retirement.   administrative costs. 

   The County Employees Retirement Law of 1937 requires a board of
retirement, or a board of retirement and the board of investment,
with appointed members to annually adopt a budget covering the entire
expense of administration of the retirement system and prohibits the
expense incurred in any year from exceeding a specified percentage
of the total assets of the retirement system.  
   This bill would state the intent of the Legislature to examine the
advisability of linking, in statute, the administrative budget of a
board of retirement, or a board of retirement and a board of
investment, operating under the County Employees Retirement Law of
1937, to the value of the assets of the retirement system. 

   Existing law provides that a member of a county or district
retirement system subject to the County Employees Retirement Law of
1937 shall be retired for disability if he or she is permanently
incapacitated for the performance of duty and either the incapacity
arose out the member's employment, as specified, or the member has 5
years of service.  
   This bill would instead provide that a member of the county
retirement system in Tulare County shall be retired for disability
only if he or she is unable permanently to engage in any substantial
gainful employment with the county and either the incapacity arose
out of the member's employment or the member has 5 years of service.
The bill would not apply to safety members. 
   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.    It is the intent of the Legislature to
examine the advisability of linking, in statute, the administrative
budget of a board of retirement, or a board of retirement and a board
of investment, operating under the County Employees Retirement Law
of 1937, to the value of the assets of the retirement system. 

  SECTION 1.    Section 31720.2 is added to the
Government Code, to read:
   31720.2.  (a) Notwithstanding Section 31720, any member who is
permanently incapacitated, as defined in subdivision (b), shall be
retired for disability regardless of age only if either of the
following apply:
   (1) The member's incapacity is substantially caused by injury or
disease arising out of and in the course of the member's employment.
   (2) The member has completed a total of five years of service.
   (b) For the purpose of this section, "permanently incapacitated"
means that the member is unable permanently to engage in any
substantial gainful employment with the county.
   (c) This section shall apply only in Tulare County and does not
apply to safety members.