BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 2742
Lou Correa, Chair Hearing date: June 28, 2010
AB 2742 (Blakeslee) as amended 6/07/10 FISCAL: YES
STATE EMPLOYEES: CATASTROPHIC LEAVE DONATIONS
HISTORY :
Sponsor: Author
Prior legislation: AB 747 (Blakeslee),
Chapter 528, Statutes of 2005
ASSEMBLY VOTES :
PER & SS 6-0 4/21/10
Appropriations 16-0 5/05/10
Assembly Floor 75-0 5/13/10
SUMMARY :
Would allow establishment of a catastrophic leave bank for a
deceased state retiree, and accumulation of leave credit
donations, which in turn could be cashed out by the person
designated to receive the deceased individual's leave
balance.
This program would be available to an employee for up to 12
months following retirement; the leave bank would be limited
to a value of no more than $50,000.
BACKGROUND AND ANALYSIS :
1) Existing law :
a) allows state employees, as administered by the
employing state agency or department, to establish a
catastrophic leave bank and donate their accumulated
leave credits (for unused vacation, annual leave,
holiday leave credits, personal leave, or compensating
time off) to an employee who has exhausted all of his or
her own leave due to illness of the employee or a member
of the employee's family.
Pamela Schneider
Date: 6/8/10 Page 1
b) allows bargaining units to agree in a memoranda of
understanding (MOU) to allow the establishment of a
catastrophic leave bank for an employee who dies while
in service and to have accumulated leave credits donated
to the survivor of that employee who died prior to
retirement; State Bargaining Units 5 (Highway Patrol)
and 6 (Correctional Peace Officers) have provisions in
their MOUs that allow this type of leave donation.
2) This bill :
a) allows a catastrophic leave bank to be established
for a deceased retired state employee, providing that
that retiree was a member of a bargaining unit that had
bargained for a survivor benefit authorizing the
donation of leave credits for active employees who die
from non-work related illnesses or injuries.
b) requires that the retired state worker died from
non-work related causes within 12 months of retirement.
a) limits the total amount of leave donated to the bank
to no more than $50,000, and allows the leave to be
cashed out to the individual designated by the retiree
to receive the deceased retiree's leave balance.
d) requires that the section apply retroactively to
anyone who retired on or after December 1, 2009 and
specifies that any leave donations for a retiree who
died on or before December 31, 2010 shall be accepted
until January 31, 2011.
FISCAL :
This bill would minimally expand an already existing program
that allows donation of leave credits to a catastrophic leave
bank established on behalf of a co-worker. Leave credits
transferred are the property of donating employees and would
otherwise remain in those employees' personal leave banks and
be cashed out at separation or retirement, or used by the
employees.
Pamela Schneider
Date: 6/8/10 Page 2
COMMENTS :
1) Argument in Support :
According to the author, this bill ;
Is written in response to a situation in which a
terminally ill state correctional officer died a few days
after his medical retirement for brain cancer, leaving
behind a spouse and daughter. His co-workers wished to
donate leave credits to his survivors but were unable to do
so because the current law and MOU only allow this type of
donation when the employee dies prior to retirement.
According to supporters:
Many state employees would like to contribute to the
family of a fallen co-worker, but cannot afford to do so
directly. "Allowing employees to donate leave credits
gives state workers an option that will financially permit
more generosity in these trying times."
2) SUPPORT :
California Correctional Peace Officers Association
(CCPOA)
California Statewide Law Enforcement Association (CSLEA)
3) OPPOSITION :
None to date
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Pamela Schneider
Date: 6/8/10 Page 3
Pamela Schneider
Date: 6/8/10 Page 4