BILL NUMBER: AB 1212	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2011

INTRODUCED BY   Assembly Member Mansoor

                        FEBRUARY 18, 2011

   An act to  amend Section 31485.9 of   add
Section 31485.95 to  the Government Code, relating to county
employees' retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1212, as amended, 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   , in the
South Coast Air Quality Management District,  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  , in the South Coast Air
Quality Management District,  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 31485.95 is added to the 
 Government Code  ,  immediately following Section
31485.9  , to read:  
   31485.95.  (a) Notwithstanding any other 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 the
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 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).
   (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.
   (3) A retirement ordinance, contract, or contract amendment shall
not be imposed by the employer in the absence of a memorandum of
understanding prepared pursuant to the Meyers-Milias-Brown Act.
   (c) This section does not preclude changing membership
classification from one 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.
   (e) This section shall apply only to the South Coast Air Quality
Management District.  
  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).
   (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.
   (3) A retirement ordinance, contract, or contract amendment shall
not be imposed by the employer in absence of a memorandum of
understanding prepared pursuant to the Meyers-Milias-Brown Act.
   (c) This section does not preclude changing 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.