BILL NUMBER: AB 2437	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        FEBRUARY 24, 2012

   An act to add Sections 22119.6 and 22603 to the Education Code,
and to amend Sections 20322, 31553, and 31641 of, and to add Sections
7514.51, 20302, 20890.5, 31553.5, 31641.5, 45310.2, and 50805.5 to,
the Government Code, relating to public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2437, as introduced, Jeffries. Public employees' retirement:
elected officials.
   Existing law authorizes the creation of retirement systems for
public employees by counties, cities, and districts. Existing law
creates the Public Employees' Retirement System and the State
Teachers' Retirement System, which provide a defined benefit to their
members based on age at retirement, service credit, and final
compensation. Existing law establishes the criteria for membership in
the various public employee retirement systems and may exclude
certain employment classifications from membership. 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 public office of any kind that is less than full time, as
defined, or who is elected as a city councilmember or a member of a
county board of supervisors, on and after January 1, 2013, from
becoming a member of a retirement system by virtue of that service or
acquiring any retirement right or benefit for serving in that
elective office. The bill would also apply these prohibitions to a
person who is appointed to fill the term of a person so elected. The
bill would except from this prohibition a sheriff, district attorney,
clerk, assessor, or treasurer, and a person who obtained membership
by virtue of holding an elective public office prior to January 1,
2013, and remains in that office or is reelected to it.
   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 22119.6 is added to the Education Code, to
read:
   22119.6.  Notwithstanding any other law, "creditable service" does
not include service by a person described in Section 22603 performed
in an elective office.
  SEC. 2.  Section 22603 is added to the Education Code, to read:
   22603.  (a) Notwithstanding any other law, a person who is
publicly elected to an office of any kind that is less than full
time, on and after January 1, 2013, shall not become a member of a
retirement system established under this chapter 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.
For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.
   (b) This section shall not apply to a person who obtained
membership by virtue of holding an elective public office prior to
January 1, 2013, for so long as he or she holds that office or is
reelected to that office.
  SEC. 3.  Section 7514.51 is added to the Government Code, to read:
   7514.51.  (a) (1) Notwithstanding any other law and except as
required or permitted by the California Constitution, a person
described in paragraph (2) shall not become a member of any
retirement system by virtue of that service and shall not acquire any
retirement right or benefit for serving in that elective office.
   (2) This subdivision shall apply to all of the following:
   (A) A person who is publicly elected to a local public office of
any kind that is not full time, on and after January 1, 2013, except
as specified in subdivision (b). This subparagraph shall apply
equally to a person who is appointed to fill the term of a person so
elected.
   (B) An elected city councilmember or a member of a county board of
supervisors.
   (b) Notwithstanding subparagraph (A) of paragraph (2) of
subdivision (a), this section shall not apply to any of the
following:
   (1) A person who obtained membership by virtue of holding an
elective public office prior to January 1, 2013, for so long as he or
she holds that office or is reelected to that office.
   (2) A sheriff, district attorney, clerk, assessor, or treasurer.
   (c) For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.
  SEC. 4.  Section 20302 is added to the Government Code, to read:
   20302.  (a) (1) Notwithstanding any other law, a person described
in paragraph (2) shall not become a member of any retirement system
by virtue of that service and shall not acquire any retirement right
or benefit for serving in that elective office.
   (2) This subdivision shall apply to all of the following:
   (A) A person who is publicly elected to a local public office of
any kind that is not full time, on and after January 1, 2013, except
as specified in subdivision (b). This subparagraph shall apply
equally to a person who is appointed to fill the term of a person so
elected.
   (B) An elected city councilmember or a member of a county board of
supervisors.
   (b) Notwithstanding subparagraph (A) of paragraph (2) of
subdivision (a), this section shall not apply to any of the
following:
   (1) A person who obtained membership by virtue of holding an
elective public office prior to January 1, 2013, for so long as he or
she holds that office or is reelected to that office.
   (2) A sheriff, district attorney, clerk, assessor, or treasurer.
   (c) For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.
  SEC. 5.  Section 20322 of the Government Code is amended to read:

   20322.  (a) 
    20322.    Except as otherwise provided in Section
20302, 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. 6.  Section 20890.5 is added to the Government Code, to read:
   20890.5.  Notwithstanding any other law, a person described in
Section 20302 shall not be credited with service by virtue of serving
in a local public elective office.
  SEC. 7.  Section 31553 of the Government Code is amended to read:
   31553.   Elective   Except as provided in
Section 31553.5, elective  officers become members of the
retirement association on the first day of the calendar month
following the filing of a declaration with the board to become a
member, provided, however, that any such elective officer may, within
60 days after the expiration of the officer's term of office or
within 60 days after the officer ceases to hold the office, rescind
the declaration and withdraw from the retirement association. In such
cases, all contributions paid by the member shall be refunded in the
same manner as applicable to members terminating service.
  SEC. 8.  Section 31553.5 is added to the Government Code, to read:
   31553.5.  (a) (1) Notwithstanding any other law, a person
described in paragraph (2) shall not become a member of any
retirement system by virtue of that service and shall not acquire any
retirement right or benefit for serving in that elective office.
   (2) This subdivision shall apply to all of the following:
   (A) A person who is publicly elected to an office of any kind that
is not full time, on and after January 1, 2013, except as specified
in subdivision (b). This subparagraph shall apply equally to a person
who is appointed to fill the term of a person so elected.
   (B) An elected member of a board of supervisors.
   (b) Notwithstanding subparagraph (A) of paragraph (2) of
subdivision (a), this section shall not apply to any of the
following:
   (1) A person who obtained membership by virtue of holding an
elective public office prior to January 1, 2013, for so long as he or
she holds that office or is reelected to that office.
   (2) A district attorney, sheriff, county clerk, county treasurer,
or assessor.
   (c) For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.
  SEC. 9.  Section 31641 of the Government Code is amended to read:
   31641.   "Service"   Except as provided in
Section 31641.5, "service"  means uninterrupted employment of
any person appointed or elected for that period of time:
   (a) For which deductions are made from his earnable compensation
from the county or district for such service while he is a member of
the retirement association.
   (b) In military service for which the county or district or member
is authorized by other provisions of this chapter to make, and does
make, contributions.
   (c) For which he receives credit for county service or for public
service or for both pursuant to the provisions of this article.
   (d) Allowed for prior service.
  SEC. 10.  Section 31641.5 is added to the Government Code, to read:

   31641.5.  Notwithstanding any other law, a person described in
Section 31553.5 shall not be credited with service by virtue of
serving in an elective office.
  SEC. 11.  Section 45310.2 is added to the Government Code, to read:

   45310.2.  (a) (1) Notwithstanding any other law and except as
required or permitted by the California Constitution, a person
described in paragraph (2) shall not become a member of any
retirement system by virtue of that service and shall not acquire any
retirement right or benefit for serving in that elective office.
   (2) This subdivision shall apply to all of the following:
   (A) A person who is publicly elected to an office of any kind that
is not full time, on and after January 1, 2013, except as specified
in subdivision (b). This subparagraph shall apply equally to a person
who is appointed to fill the term of a person so elected.
   (B) An elected city councilmember.
   (b) Notwithstanding subparagraph (A) of paragraph (2) of
subdivision (a), this section shall not apply to any of the
following:
   (1) A person who obtained membership by virtue of holding an
elective public office prior to January 1, 2013, for so long as he or
she holds that office or is reelected to that office.
   (2) A city clerk, city treasurer, or city assessor.
   (c) For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.
  SEC. 12.  Section 50805.5 is added to the Government Code, to read:

   50805.5.  (a) (1) Notwithstanding any other law, a person
described in paragraph (2) shall not become a member of any
retirement system by virtue of that service and shall not acquire any
retirement right or benefit for serving in that elective office.
   (2) This subdivision shall apply to all of the following:
   (A) A person who is publicly elected to an office of any kind that
is not full time, on and after January 1, 2013, except as specified
in subdivision (b). This subparagraph shall apply equally to a person
who is appointed to fill the term of a person so elected.
   (B) A sheriff.
   (b) For purposes of this section, "full time" means the elected or
appointed official is required to provide service to the local
government or special district for a minimum of five days and 40
hours a week, exclusive of holidays, or otherwise requires the
elected or appointed official to devote his or her entire time and
attention to the duties of the office and prohibits any outside
employment that would interfere with those duties. Designation of an
elective or appointive office as full time shall be enacted by law.