BILL NUMBER: AB 1874 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 22, 2012
An act to amend Sections 9355.4, 9355.41, 9355.45, 20320,
and 20322 of, and to add Sections 20027.2 and
20286 20027.2, 20286, and 20302 to, the
Government Code, relating to the Legislators' Retirement
System public employees' retirement .
LEGISLATIVE COUNSEL'S DIGEST
AB 1874, as amended, Mansoor. Legislators' Retirement
System. Public employees' retirement: constitutional
officers.
The Legislators' Retirement Law (LRL) provides pension benefits
based in part upon credited service. The LRL also authorizes the
Insurance Commissioner and every legislative statutory officer and
every elective officer of the state whose office is provided for by
the California Constitution, except judges, to become a member of the
Legislators' Retirement System (LRS).
This bill would prohibit anyone who first becomes, on or after
January 1, 2013, the Insurance Commissioner, a legislative statutory
officer, or an elective officer of the state whose office is provided
for by the California Constitution from becoming a member of the
LRS.
Existing law creates the Public Employees'
Retirement System (PERS), which provides a defined benefit to its
members based on age at retirement, service credit, and final
compensation. Existing law provides optional membership in the
Public Employees' Retirement System (PERS) to
elective officers, as defined, as well as to specified appointed
persons exempt from civil service by the California Constitution.
This bill would instead make membership in PERS
compulsory for prohibit a person who first becomes, on
or after January 1, 2013, the Governor, Lieutenant Governor,
Insurance Commissioner, Secretary of State, Controller, Treasurer,
Superintendent of Public Instruction, Attorney General, or any
member of the Board of Equalization from becoming a member of
PERS. The bill would also permit any officer of the Senate or
Assembly who is elected by vote of the members of either or both of
the houses of the Legislature on or after January 1, 2013 , to
opt to become a member of PERS . The bill would also
prohibit those specified appointed persons who are first appointed on
or after January 1, 2013, from becoming members of PERS.
The bill would also make related technical changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9355.4 of the Government Code is amended to
read:
9355.4. (a) Every elective officer of the state whose office is
provided for by the California Constitution, except judges, may
become a member of this system. Except for judges, every elective
officer in office at the time this section becomes effective may,
within 90 days after the effective date, file with the board a
written election to become a member of this system. Except for
judges, every elective officer elected after the effective date of
this section may file an election within 90 days after the
commencement of the first term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.
(b) This section shall not apply to any person who first becomes
an elective officer of the state on or after January 1, 2013.
SEC. 2. Section 9355.41 of the Government Code is amended to read:
9355.41. (a) The Insurance Commissioner may become a member of
this system as provided in this section. An Insurance Commissioner
who is elected after January 1, 1994, may file an election within 90
days after the commencement of the term of office for which he or she
is elected. Upon the filing of the election he or she becomes a
member of this system on the first day of the month following the
filing of the election.
(b) This section shall not apply to any person who first becomes
the Insurance Commissioner on or after January 1, 2013.
SEC. 3. Section 9355.45 of the Government Code is amended to read:
9355.45. (a) Every legislative statutory officer may become a
member of this system. Every such officer in office at the time this
section becomes effective may, within 90 days after the effective
date, file with the board a written election to become a member of
this system. Every such officer, elected after the effective date of
this section, may file an election within 90 days after the
commencement of the first term of office for which he or she is
elected after attaining status as a legislative statutory officer.
Upon the filing of the election he or she becomes a member of this
system on the first day of the month following the filing of the
election.
(b) This section shall not apply to any person who first becomes a
legislative statutory officer on or after January 1, 2013.
SEC. 4. Section 20027.2 is added to the Government Code, to read:
20027.2. "Elective officer" includes any officer of the Senate or
Assembly who is elected by vote of the members of either or both of
the houses of the Legislature, and any appointive officer of a city
or county occupying a fixed term of office, as well as officers of
the state or contracting agencies elected by the people, and persons
elected to a city council or a county board of supervisors.
SEC. 5. Section 20286 is added to the Government Code, to read:
20286. (a) An elective officer who is first elected on
or after January 1, 2013, shall be may opt
to become a member of the system.
(b) For the purposes of this section, "elective officer"
includes means any officer of the Senate or
Assembly who is elected by vote of the members of either or both of
the houses of the Legislature.
SEC. 6. Section 20302 is added to the
Government Code , to read:
20302. Notwithstanding any other law, on or after January 1,
2013, a person who first becomes the Governor, Lieutenant Governor,
Insurance Commissioner, Secretary of State, Controller, Treasurer,
Superintendent of Public Instruction, Attorney General, or any member
of the Board of Equalization shall not become a member of the system
by virtue of that service and shall not acquire any retirement right
or benefit for serving in that office.
SEC. 6. Section 20320 of the Government Code is
amended to read:
20320. (a) (1) A person directly appointed by the Governor,
without the nomination of any officer or board, or directly appointed
by the Attorney General, Lieutenant Governor, Controller, Secretary
of State, Treasurer, or Superintendent of Public Instruction exempt
from civil service under Article VII of the California Constitution,
except those appointed pursuant to subdivision (i) of Section 4
thereof, is excluded from membership in this system unless he or she
files with the board an election in writing to become a member.
(2) Upon electing to become a member, the person may further elect
at any time prior to retirement to receive service credit for his or
her prior, excluded state service by making the contributions as
specified in Sections 21050 and 21051.
(b) A person who is, on or after January 1, 2013, directly
appointed by the Governor, without the nomination of any officer or
board, or directly appointed by the Attorney General, Lieutenant
Governor, Controller, Secretary of State, Treasurer, or
Superintendent of Public Instruction and who is exempt from civil
service under Article VII of the California Constitution, except
those appointed pursuant to subdivision (i) of Section 4 thereof, is
excluded from membership in this system.
SEC. 7. Section 20322 of the Government Code is amended to read:
20322. (a) An elective officer is excluded from membership in
this system unless the officer files with the board an election in
writing to become a member. Upon electing to become a member, the
officer may further elect at any time prior to retirement to receive
service credit for his or her prior, excluded service by making the
contributions as specified in Sections 21050 and 21051.
(b) As used in this section, "elective officer" includes any
officer of the Senate or Assembly who is elected by vote of the
members of either or both of the houses of the Legislature before
January 1, 2013, and any appointive officer of a city or county
occupying a fixed term of office, as well as officers of the state or
contracting agencies elected by the people, and persons elected to a
city council or a county board of supervisors.
(c) Notwithstanding any other provision of subdivision (a) or (b),
elected or appointed officers of a county superintendent of schools,
school district, or community college district, or of a contracting
agency, who serve on public commissions, boards, councils, or similar
legislative or administrative bodies are excluded from membership in
this system. This exclusion shall only apply to those elected or
appointed officers, other than city or county officers, who are first
elected or appointed to an office on or after July 1, 1994, or who
are elected or appointed to a term of office not consecutive with the
term of office held on June 30, 1994. For city or county elected or
appointed officers, this exclusion shall only apply to those officers
who are first elected or appointed to an office on or after January
1, 1997, or who are elected or appointed to a term of office not
consecutive with the term of office held on December 31, 1996. This
exclusion shall not apply to persons elected to a city council or
county board of supervisors.
(d) Any person holding the office of city attorney or the office
of assistant city attorney, whether employed, appointed, or elected,
is excluded from the definition of "elective officer" as defined in
subdivision (b). This subdivision shall apply only to persons first
employed, elected, or appointed on or after July 1, 1994, or
following any break in state service while serving in the office if
the office was held on June 30, 1994.
(e) In accordance with Section 20125, the board shall be the sole
judge of which elected or appointed positions qualify the incumbent
as an "elective officer" in this system under this section.
(f) Notwithstanding any other provision of law, with respect to
elective officers of contracting agencies, payment by a contracting
agency of employer contributions and any other amounts for employer
paid benefits under this system shall not be construed as receipt of
salary or compensation by the elective officer for purposes of any
statutory salary or compensation limitation.
(g) An elective officer first elected on or after January 1, 2013,
shall be a member of the system as provided in Section 20286.