BILL NUMBER: SB 778 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Padilla
FEBRUARY 18, 2011
An act to amend Section 20098 of, and to add Section 20098.5 to,
the Government Code, relating to public employees' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 778, as introduced, Padilla. Public employees' retirement:
executive retirement.
Existing law requires the Board of Administration of the Public
Employees' Retirement System to appoint and fix the compensation of
certain employees of the system whose positions are designated as
managerial, notwithstanding specified authority granted to the
Department of Personnel Administration. Existing law requires that
when one of these positions is filled through a general civil service
appointment, it be filled from an eligible list based on an
examination that was held on an open basis, as specified.
This bill would recodify the latter provision relating to the
filling of these positions through general civil service
appointments.
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 20098 of the Government Code is amended to
read:
20098. (a) The board shall appoint and, notwithstanding Sections
19816, 19825, 19826, 19829, and 19832 shall fix the compensation of
an executive officer, a general counsel, a chief actuary, a chief
investment officer, and other investment officers and portfolio
managers whose positions are designated managerial pursuant to
Section 18801.1.
(b) The executive officer, deputy executive officers, and the
assistant executive officers may administer oaths.
(c) When fixing the compensation for the positions specified in
subdivision (a), the board shall be guided by the principles
contained in Sections 19826 and 19829, consistent with its fiduciary
responsibility to its members to recruit and retain highly qualified
and effective employees for these positions.
(d) When a position specified in subdivision (a) is filled through
a general civil service appointment, it shall be filled from an
eligible list based on an examination that was held on an open basis,
and tenure in the position shall be subject to the provisions of
Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of
Division 5 of Title 2. In addition to the causes for action specified
in that article, the board may take action under the article for
causes related to its fiduciary responsibility to its members,
including the employee's failure to meet specified performance
objectives.
(e)
(d) An individual who held a position designated in
subdivision (a), or was a member of the board, a deputy executive
officer, or an assistant executive officer, shall not, for a period
of two years after leaving that position, for compensation, act as
agent or attorney for, or otherwise represent, any other person,
except the state, by making any formal or informal appearance before,
or any oral or written communication to, the Public Employees'
Retirement System, or any officer or employee thereof, if the
appearance or communication is made for the purpose of influencing
administrative or legislative action or any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, contract, or sale or purchase of goods or
property.
SEC. 2. Section 20098.5 is added to the Government Code, to read:
20098.5. When a position specified in subdivision (a) of Section
20098 is filled through a general civil service appointment, it shall
be filled from an eligible list based on an examination that was
held on an open basis, and tenure in the position shall be subject to
the provisions of Article 2 (commencing with Section 19590) of
Chapter 7 of Part 2 of Division 5 of Title 2. In addition to the
causes for action specified in that article, the board may take
action under the article for causes related to its fiduciary
responsibility to its members, including the employee's failure to
meet specified performance objectives.