BILL NUMBER: AB 1212 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2011
AMENDED IN ASSEMBLY MAY 5, 2011
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 18, 2011
An act to 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, in the South Coast Air Quality Management
District, allow those benefits to be specified in an ordinance,
contract, or contract amendment adopted by the district governing
board. The bill would also, in the South Coast Air Quality Management
District, prohibit the employer from imposing a retirement 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.
This bill would authorize the South Coast Air Quality Management
District (SCAQMD) by its governing board, by resolution, contract, or
contract amendment, to adopt and provide retirement benefits for its
employees, including unrepresented employees, hired on, or after,
the date specified in the resolution, contract, or contract amendment
pursuant to the specified benefit formula. The bill would also
prohibit a resolution, contract, or contract amendment from providing
retirement benefits for the employees of the SCAQMD, unless those
retirement benefits are adopted by the governing board of the SCAQMD
pursuant to a memorandum of understanding made under the
Meyers-Milias-Brown Act. The provisions of this bill would not apply
to employees who were hired before the effective date of the bill.
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 provision of the law,
including, but not limited to, Section 31485.9, the South Coast Air
Quality Management District, as defined in subdivision (h) of Section
31468, by its governing board, may, by resolution, contract, or
contract amendment under this chapter, adopt and provide retirement
benefits for its employees hired on, or after, the date specified in
the resolution, contract, or contract amendment pursuant to the
benefit formula in Section 31676.1.
(b) No resolution, contract, or contract amendment made under this
chapter may provide retirement benefits for the employees of the
South Coast Air Quality Management District, unless those retirement
benefits are adopted by the governing board of the South Coast Air
Quality Management District 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). Retirement benefits
authorized under this section shall also be made applicable to all
unrepresented employees of the South Coast Air Quality Management
District hired on or after the date that any employee is provided
retirement benefits pursuant to the formula in Section 31676.1.
(c) This section shall not apply to South Coast Air Quality
Management District employees who were hired before the effective
date of this section.
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.