BILL NUMBER: AB 1651	CHAPTERED
	BILL TEXT

	CHAPTER  574
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 23, 2010
	PASSED THE ASSEMBLY  JUNE 2, 2010
	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, 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 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 employee not been subject to mandatory furloughs on or after July
1, 2008, as specified.


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 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 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 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
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 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 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.