BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 538
Lou Correa, Chair Hearing date: April 20, 2009
SB 538 (Senate PE&R Comm) as introduced 2/27/09
FISCAL: NO
'37 ACT: LOS ANGELES COUNTY: REINSTATEMENT FROM DISABILITY
BEFORE WAIVER OF MANDATORY RETIREMENT AGE OF 60 FOR SAFETY
MEMBERS
HISTORY :
Sponsor: California Professional Firefighters (CPF)
Prior legislation: SB 579 (Wiggins), Chapter 21 of 2008
SUMMARY :
Would provide a technical clarification in Gov't Section
31663.15 in the County Employees Retirement Act of 1937 ('37
Act), permitting only the Los Angeles County Employees
Retirement Association (LACERA) to receive the necessary
physical certification of a safety member upon returning from
disability leave, before making a determination as to whether
the member is subject to mandatory retirement.
BACKGROUND:
1) Is there a mandatory retirement age of 60 for L.A. County
safety members ?
The committee is advised that existing '37 Act law contains
various provisions, which '37 Act counties may implement, to
require their safety members to retire once they reach age
60.
Pursuant to a resolution adopted by the L.A. County Board of
Supervisors, county safety employees hired before March 31,
1997, are subject to mandatory retirement at age 60 and are
retired as of the first day of the calendar month immediately
following their 60th birthday.
David Felderstein
Date: 4/9/09 Page 1
In a later resolution, the L.A. Supervisors rescinded the
mandatory retirement age provisions for safety members first
employed after March 31, 1997.
Chapter 21 of 2008 permits L.A. County safety members to work
beyond the mandatory retirement age provided that a physician
approved by the County certifies that the safety member is
capable of performing his or her assigned duties pursuant to
specified standards.
David Felderstein
Date: 4/9/09 Page 2
2) Did Chapter 21 of 2008 effectively permit L.A. County to
allow affected safety members to work beyond age 60 with the
County's approval ?
The committee is advised that, although Chapter 21 of 2008
permits L.A. County to allow its safety members to work
beyond the mandatory retirement age of 60, Chapter 21 of 2008
has unintentionally required LACERA to retire a safety member
when he or she is on temporary disability beyond "the first
day of the calendar month next succeeding that in which he or
she attains age 60" and, therefore, is unable to timely
receive the medical certification determining "fitness for
duty."
ANALYSIS :
1) This bill would provide a technical clarification,
permitting LACERA to receive the necessary physical
certification of a safety member upon returning from
disability leave, before making a determination as to whether
the member is subject to mandatory retirement.
2) This section of the Government Code is applicable only to
L.A. County, and is not effective until it is adopted by the
L.A. County Board of Supervisors.
COMMENTS :
1) Arguments in support:
The sponsor, the California Professional Firefighters,
states:
"Pursuant to a resolution adopted by Los Angeles County Board
of Supervisors, county safety employees -- hired prior to
March 31, 1997 -- are subject to Section 31662.6, which is one
such '37 Act mandatory retirement age section. As such, a
safety member, hired prior to March 31, 1997 is retired as of
the first day of the calendar month immediately following the
month in which he or she attains age 60. In a later
resolution, the Board rescinded the mandatory retirement age
David Felderstein
Date: 4/9/09 Page 3
provisions for safety members first employed after March 31,
1997.
"Government Code Section 31663.15, which was enacted by SB 579
(Chapter No. 21, Statutes of 2008) and took effect June 22,
2008, permits those Los Angeles County safety members subject
to Section 31662.6 to work beyond the mandatory retirement age
provided that a physician, employed or approved by the County,
certifies that the safety member is capable of performing his
or her assigned duties pursuant to specified standards.
Although Section 31663.15 permits Los Angeles County to allow
its safety members to work beyond the mandatory retirement age
in accordance with the above-described conditions, Section
31662.6 has unintentionally bound the Los Angeles County
Employees Retirement Association (LACERA) to retire a safety
member when he or she is on temporary disability beyond "the
first day of the calendar month next succeeding that in which
he or she [safety member] attains age 60" and therefore unable
to timely receive the medical certification determining
"fitness for duty."
David Felderstein
Date: 4/9/09 Page 4
"SB 538 simply clarifies Section 31663.15 to permit LACERA to
receive the necessary physical certification of a safety
member upon returning from his or her disability leave before
making a determination as to whether the member is subject to
mandatory retirement, even if that leave extends beyond the
month in which the member turns age 60."
2) OPPOSITION :
None to date
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David Felderstein
Date: 4/9/09 Page 5