BILL NUMBER: AB 2428 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hagman
FEBRUARY 24, 2012
An act to amend Section 20322 of, and to add Sections 20307 and
20890.3 to, the Government Code, relating to public employees'
retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 2428, as introduced, Hagman. Public employees' retirement:
elected local officials.
Existing law creates the Public Employees' Retirement System
(PERS) which provides a defined benefit to their members based on age
at retirement, service credit, and final compensation. Existing law
establishes the criteria for membership in PERS and may exclude
certain employment classifications from membership. Existing law
authorizes any public agency to make its employees members of PERS by
contracting with the Board of Administration of PERS. The California
Constitution provides for the division of the state into counties
and requires that a county have an elected sheriff, elected district
attorney, elected assessor, and elected governing body. Existing law
provides for the incorporation of cities in various forms and
requires that certain city offices be filled pursuant to elections,
as prescribed. Existing law provides for the creation of districts,
the governing bodies of which may be elected.
This bill would prohibit a person who is publicly elected to a
local office of any kind, on and after January 1, 2013, from becoming
a member of PERS by virtue of that service or from acquiring any
retirement right or benefit for serving in that elective local
office. The bill would also apply these prohibitions to a person who
is appointed to fill the term of a person so elected, but would not
apply them to a person who obtained membership by virtue of holding
an elective local office prior to January 1, 2013, for so long as he
or she holds that office or is reelected to that office.
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 20307 is added to the Government Code, to read:
20307. (a) Notwithstanding any other law, a person who is
publicly elected to a local office of any kind, on and after January
1, 2013, 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 elective office. This section shall apply equally to
a person who is appointed to fill the term of a person so elected.
(b) This section shall not apply to a person who obtained
membership by virtue of holding an elective local office prior to
January 1, 2013, for so long as he or she holds that office or is
reelected to that office.
SEC. 2. Section 20322 of the Government Code is amended to read:
20322. (a) Except as
otherwise provided in Section 20307, the following shall apply:
(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 part, "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.
(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.
SEC. 3. Section 20890.3 is added to the Government Code, to read:
20890.3. Notwithstanding any other law, a person described in
Section 20307 shall not be credited with service by virtue of serving
in that elective local office.