BILL NUMBER: AB 1212	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mansoor

                        FEBRUARY 18, 2011

   An act to amend Section 31485.9 of the Government Code, relating
to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1212, as introduced, Mansoor. County employees' retirement.
   Under existing law, counties and districts, as defined, may
provide retirement benefits to their employees pursuant to the County
Employees Retirement Law of 1937. Existing law prohibits any
resolution, ordinance, contract, or contract amendment under that law
adopted on or after January 1, 2004, from providing different
retirement benefits for any subgroup of general members within a
membership classification, including, but not limited to, bargaining
units or unrepresented groups, unless benefits provided by statute
for members hired on or after the date specified in the resolution
are adopted by the county or district governing board, by resolution
adopted by majority vote, pursuant to a memorandum of understanding
made under the Meyers-Milias-Brown Act. Existing law prohibits any
retirement contract amendment from being imposed by the employer in
absence of a memorandum of understanding made under the
Meyers-Milias-Brown Act.
   This bill would additionally allow those benefits to be specified
in an ordinance, contract, or contract amendment adopted by the
county or district governing board. The bill would also prohibit the
employer from imposing a retirement resolution, ordinance, or
contract in the absence of a memorandum of understanding prepared
pursuant to the Meyers-Milias-Brown Act. The bill would also make
related technical, nonsubstantive changes.
   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 31485.9 of the Government Code is amended to
read:
   31485.9.  (a) Notwithstanding any other provision of law,
including, but not limited to, Chapter 10 (commencing with Section
3500) of Division 4 of Title 1, no resolution, ordinance, contract,
or contract amendment under this chapter adopted on or after January
1, 2004, may provide any retirement benefits for some, but not all,
general members of a county or district.
   (b)  (1)    No resolution, ordinance, contract,
or contract amendment under this chapter adopted on or after January
1, 2004, may provide different retirement benefits for any subgroup
of general members within a membership classification, including, but
not limited to, bargaining units or unrepresented groups, unless
benefits provided by statute for members hired on or after the date
specified in the resolution are adopted by the county or district
governing board, by resolution  , ordinance, contract, or
contract amendment  adopted by majority vote, pursuant to a
memorandum of understanding made under the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 2).
 All 
    (2)     All  nonrepresented employees
within similar job classifications as employees in a bargaining unit
subject to a memorandum of understanding, or supervisors and managers
thereof, shall be subject to the same formula for the calculation of
retirement benefits applicable to the employees in the bargaining
unit.  No 
    (3)     A  retirement  ordinance,
contract, or  contract amendment  may  
shall not  be imposed by the employer in absence of a memorandum
of understanding  under   prepared pursuant to
 the Meyers-Milias-Brown Act.
   (c) This section does not preclude changing  membership
classification  from one membership classification to
another membership classification.
   (d) This section shall not apply to retirement benefits for a
member described in paragraph (2) of subdivision (d) of Section
31676.15.