BILL NUMBER: AB 1406	CHAPTERED
	BILL TEXT

	CHAPTER  393
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  MAY 26, 2009
	AMENDED IN ASSEMBLY  MAY 21, 2009
	AMENDED IN ASSEMBLY  MAY 7, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 27, 2009

   An act to amend Section 31529.9 of, and to add Section 31522.7 to,
the Government Code, relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1406, Emmerson. County board of retirement: San Bernardino
County.
   The County Employees Retirement Law of 1937 authorizes the board
of retirement of San Bernardino County, upon resolution by the board
of retirement, to appoint specified management, investment, and legal
personnel. These appointees are not classified as county employees
and are therefore not subject to the civil service system, but are
employees of that retirement system, subject to the terms of
employment determined by the board of retirement.
   This bill would enact similar provisions to extend the authority
of the board of retirement in San Bernardino County, upon adoption by
resolution, to appoint specified personnel outside the civil service
system, including supervisors and employees with specialized
training and knowledge in pension benefit member services, investment
reporting compliance, investment accounting, pension benefit tax
reporting, pension benefit financial accounting, pension law, and
legal counsel. The bill would make a conforming change.


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

  SECTION 1.  Section 31522.7 is added to the Government Code, to
read:
   31522.7.  (a) In addition to the authority provided pursuant to
Section 31522.5, the board of retirement in the County of San
Bernardino may appoint an administrator, an assistant administrator,
a chief investment officer, senior management employees next in line
of authority to the chief investment officer, subordinate
administrators, senior management employees next in line of authority
to subordinate administrators, supervisors and employees with
specialized training and knowledge in pension benefit member
services, investment reporting compliance, investment accounting,
pension benefit tax reporting, pension benefit financial accounting,
pension law, and legal counsel.
   (b) Notwithstanding any other provision of law, the personnel
appointed pursuant to this section may not be county employees but
shall be employees of the retirement system, subject to terms and
conditions of employment established by the board of retirement.
Except as specifically provided in this subdivision, all other
personnel shall be county employees for purposes of the county's
employee relations resolution, or equivalent local rules, and the
terms and conditions of employment established by the board of
supervisors for county employees, including those set forth in a
memorandum of understanding.
   (c) Except as otherwise provided by Sections 31529.9 and 31596.1,
the compensation of personnel appointed pursuant to this section
shall be an expense of administration of the retirement system,
pursuant to Section 31580.2.
   (d) The board of retirement and board of supervisors may enter
into any agreements as may be necessary and appropriate to carry out
the provisions of this section.
   (e) Section 31522.2 is not applicable if the retirement system
elects to appoint personnel pursuant to this section.
   (f) This section shall apply only to the retirement system
established under this chapter in San Bernardino County at such time
as the board of retirement, by resolution, makes this section
applicable in that county.
  SEC. 2.  Section 31529.9 of the Government Code is amended to read:

   31529.9.  (a) In addition to the powers granted by Sections
31522.5, 31529, 31529.5, 31614, and 31732, the board of retirement
and the board of investment may contract with the county counsel or
with attorneys in private practice or employ staff attorneys for
legal services.
   (b) Notwithstanding Sections 31522.5, 31522.7, 31529.5, and 31580,
the board shall pay, from system assets, reasonable compensation for
the legal services.
   (c) This section applies to any county of the 2nd class, 7th
class, 14th class, 15th class, or the 16th class as described by
Sections 28020, 28023, 28028, 28035, 28036, and 28037.
   (d) This section shall also apply to any other county if the board
of retirement, by resolution adopted by majority vote, makes this
section applicable in the county.