BILL ANALYSIS
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THIRD READING
Bill No: AB 2742
Author: Blakeslee (R)
Amended: 6/7/10 in Senate
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 6-0, 6/28/10
AYES: Correa, Ashburn, Corbett, Ducheny, Hollingsworth, Liu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/13/10 - See last page for vote
SUBJECT : Public employment: retirement: survivors
benefits
SOURCE : Author
DIGEST : This bill allows 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 by the deceased individuals
leave balance.
ANALYSIS :
Existing Law
1.Allows state employees, as administered by the employing
state agency or department, to establish a catastrophic
leave bank and donate their accumulated leave credits
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AB 2742
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(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.
2.Allows bargaining units to agree in a memoranda of
understanding (MOU) to allow the establishment of a
catastrophic leave bank for any 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
the MOU's that allow this type of leave donation.
This bill:
1.Allows a catastrophic leave bank to be established for a
deceased retired state employee, providing that the
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.
2.Requires that the retired state worker died from non-work
related causes within 12 months of retirement.
3.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.
4.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 EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/3/10)
California Correctional Peace Officers Association
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California Statewide Law Enforcement Association
ARGUMENTS IN SUPPORT : According to the author's office,
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 from 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, Niello, Nielsen, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Hagman, Norby, Skinner,
Vacancy
CPM:cm 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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