BILL ANALYSIS
AB 2742
Page 1
ASSEMBLY THIRD READING
AB 2742 (Blakeslee)
As Amended April 22, 2010
Majority vote
PUBLIC EMPLOYEES 6-0 APPROPRIATIONS 16-0
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|Ayes:|Torrico, Harkey, |Ayes:|Fuentes, Conway, Ammiano, |
| |Furutani, Hernandez, Ma, | |Bradford, Charles |
| |Nestande | |Calderon, Coto, Davis, De |
| | | |Leon, Hall, Harkey, |
| | | |Miller, Nielsen, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows state employees to donate leave credits to a
leave bank of an eligible retired state employee who died from a
non-work related illness or injury within 12 months of
retirement. Specifically, this bill :
1)Allows a request to be made of an employer to allow state
employees to donate leave credits to a leave bank (Survivor
Benefit Account) established for a retired state employee who
dies from a non-work related illness or injury within 12
months of retirement.
2)Specifies that the donated leave cannot exceed $50,000 and
will be cashed out to the person designated to receive the
deceased employee's leave balance.
3)Allows donations to be accepted for 30 days following approval
of the request.
4)Applies these provisions retroactively to anyone who retired
on or after December 1, 2009. Leave donations for a retired
state employee who died on or before December 31, 2010, will
be accepted until January 31, 2011.
5)Defines "leave" to include annual leave, vacation, holiday,
personal leave, or excess leave.
AB 2742
Page 2
6)Defines "retired state employee" as any retired state employee
who at the time of retirement was a member of a collective
bargaining unit that had bargained for this benefit for active
employees who die from a non-work related illness or injury.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, probably minor increase in state costs from
utilization of leave credits allowed by this bill.
COMMENTS : State Bargaining Unit 6 (Corrections) has agreed,
through collective bargaining, to language allowing Survivor
Benefit Accounts to be established for active employees who die
as a result of a non-work related illness or injury. Employees
are allowed to donate annual leave, vacation, holiday, personal
leave or excess time to the leave bank of the deceased employee.
The donated time must be cashed out to provide direct financial
assistance to the person entitled to receive the value of the
deceased employee's leave balances. The maximum limit of
contributions/compensation is limited to $50,000 and donations
are only accepted for a period of 30 days following approval of
the request. The only other state bargaining unit that has
agreed to a similar contract provision is Bargaining Unit 5
(Highway Patrol).
According to the author, "On January 7, 2010, CCPOA
correctional officer Lt. VanHoose, died of brain cancer. He
left behind his wife Stacy and a daughter. Lt. VanHoose had
continued to work throughout his illness. He took an early
medical retirement on December 29, 2009, only days before his
death. After he passed away, many of his co-workers wanted to
honor their colleague and support his family by donating their
leave time to a Survivor Benefit Account. The request was denied
by the California Department of Corrections and Rehabilitation's
(CDCR's) Office of Labor Relations and Human Resources.
"In response to the inquiries made by my Assembly office,
management from both CDCR's Office of Labor Relations and Human
Resources met to reevaluate the denial of the Survivor Benefit
Account. They discussed the possibility of approving the
request to set up an account despite the issue of the medical
retirement prior to his death. Because Lt VanHoose did not
possess active status as an employee of the State at the time of
his death it was determined that there was no mechanism that
would allow for the donation of leave credits to a Survivor
AB 2742
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Benefit Account. The Legislative Analyst for CDCR explained
that survivor benefits, with respect to an excluded employee
specifically provide that: 'If an excluded employee on pay
status dies due to an illness or injury that was not incurred in
the line of duty, a request may be made to the appointing
authority to allow employees to donate (various types of leave)
to a leave bank for the deceased employee'. Those parameters
are not applicable as Lt. VanHoose was retired (not an employee
on pay status) at the time of his death."
According to supporters, "Many state employees would like the
opportunity to contribute to a family of one of their fallen
co-workers; however, given the current economy and the financial
pinch of furloughs, an employee may not be able to afford a
monetary contribution. Allowing employees to donate leave
credits gives state workers an option that will financially
permit more generosity in these trying fiscal times."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0004180