BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 538|
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THIRD READING
Bill No: SB 538
Author: Senate Public Employment and Retirement Committee
Amended: As introduced
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 7-0, 4/20/09
AYES: Correa, Ashburn, Benoit, Ducheny, Liu, Padilla,
Wiggins
SUBJECT : Los Angeles County Employees Retirement
SOURCE : California Professional Firefighters
DIGEST : This bill provides a technical clarification in
Government Section 31663.15 in the County Employees
Retirement Act of 1937, permitting only the Los Angeles
County Employees Retirement Association 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.
ANALYSIS : Existing County Employees Retirement Act of
1937 ('37 Act), 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 Supervisor, 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
CONTINUED
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60th birthday.
In a later resolution, the L.A. Supervisors rescinded the
mandatory retirement age provisions for safety members
first employed after March 31, 1997. SB 579 (Wiggins),
Chapter 21, Statutes 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/her
assign duties pursuant to specified standards. The Senate
Public Employment and Retirement Committee was advised
that, although SB 579 permits L.A. County to allow its
safety members to work beyond the mandatory retirement age
of 60, SB 579 has unintentionally required the Los Angeles
County Employees Retirement Association (LACERA) to retire
a safety member when he/she is on temporary disability
beyond "the first day of the calendar month next succeeding
that in which he/she attains age 60" and, therefore, is
unable to timely receive the medical certification
determining "fitness for duty."
This bill provides 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/21/09)
California Professional Firefighters (source)
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
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3
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 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.^ 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."
"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."
DLW:do 4/21/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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