BILL NUMBER: AB 1132	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 18, 2011

   An act to amend Section 21221 of the Government Code, relating to
public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1132, as introduced, Smyth. Public employees' retirement.
   The Public Employees' Retirement Law provides a comprehensive set
of rights and benefits based upon age, service credit, and final
compensation to members of the Public Employees' Retirement System.
Any person who has been retired under the system is generally
prohibited from being employed in any capacity unless he or she is
first reinstated from retirement, except as authorized. Existing law
authorizes a retired person to serve without reinstatement from
retirement or loss or interruption of benefits provided by the Public
Employees' Retirement System as a member of any board, commission,
or advisory committee, as specified.
   This bill would make a technical, nonsubstantive change to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21221 of the Government Code is amended to
read:
   21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and  the
appointment  shall not provide a basis for the payment of
workers' compensation to a retired state employee or to his or her
dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year. When an appointment is
expected to, or will, exceed 960 hours in any fiscal year, the
governing body shall request approval from the board to extend the
temporary employment. The governing body shall present a resolution
to the board requesting action to allow or disallow the employment
extension. The resolution shall be presented prior to the expiration
of the 960 hour maximum for the fiscal year. The appointment shall
continue until notification of the board's decision is received by
the governing body. The appointment shall be deemed approved if the
board fails to take action within 60 days of receiving the request.
Appointments under this subdivision may not exceed a total of 12
months.
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.