BILL NUMBER: AB 1651 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY MARCH 2, 2010
INTRODUCED BY Assembly Member De La Torre
JANUARY 13, 2010
An act to add Section 20969.2 to the Government Code, relating to
public retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1651, as amended, De La Torre. Public Employees' Retirement
Law: furloughs: retirement credit.
The Public Employees' Retirement Law provides retirement benefits
based upon a member's final compensation and years of credited
service. That law provides that members in the personal leave program
shall receive credit for service that would have been credited had
the employee not been in the personal leave program.
This bill would provide that the calculations for retirement
allowances, under the Public Employees' Retirement Law, for specified
local safety members and members persons
who are employees of specified educational entities and who are
subject to mandatory furloughs shall include, as credit for service
and compensation, the amount of service and compensation that would
have been credited and paid had the member
employee not been subject to mandatory furloughs on or after
July 1, 2008, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20969.2 is added to the Government Code, to
read:
20969.2. (a) For all retirement purposes, including benefit
eligibility and calculations of retirement allowances under this
part for a member person
employed by a county office of education, a school district, a school
district that is a contracting agency, a community college district,
or a local safety member, as defined in Section 20420, that is
subject to mandatory furloughs, the member's
employee's credit for service and compensation earnable shall
include the amount of service that would have been credited and the
compensation earnable that would have been reported had that
member the employee not been subject to a
mandatory furlough.
(b) For the purposes of this section, "mandatory furlough"
includes any time period on or after July 1, 2008, during which
a member is employees are directed to
be absent from work without pay on the day or days designated by
their employer or by a memorandum of understanding by the parties
entered into on or after July 1, 2008 , for purposes of
achieving budgetary savings .
(c) An employer of a member an employee
identified in subdivision (a) shall notify the board and, if
applicable, the county superintendent of schools of the terms and
conditions of any mandatory furlough, including, but not limited to,
the amount of mandatory furlough time imposed on members
employees during a reporting period, and the
date on which the mandatory furlough ends. The employer and, if
applicable, the county superintendent of schools shall provide any
additional information as the board may require to implement this
section.