BILL ANALYSIS �
AB 2476
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CONCURRENCE IN SENATE AMENDMENTS
AB 2476 (Public Employees, Retirement and Social Security
Committee)
As Amended May 23, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |34-0 |(August 7, |
| | | | | |2014) |
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Original Committee Reference: P.E., R. & S.S.
SUMMARY : Makes technical corrections to the Public Employees'
Pension Reform Act of 2013 (PEPRA) in order to clarify the
Legislature's intent in enacting PEPRA and to assist affected
employers and retirement systems in implementation of PEPRA.
Specifically, this bill :
1)Clarifies that, for legislative employees, the Senate Rules
Committee or the Assembly Rules Committee makes the
certification necessary in order to bring a retired annuitant
back to fill a critically needed position before the person
has been retired for 180 days.
2)Clarifies that, for employees of the California State
University (CSU), the Trustees of the CSU make the
certification necessary in order to bring a retired annuitant
back to fill a critically needed position before the person
has been retired for 180 days.
3)Clarifies the provision under which a retired judge is exempt
from restrictions of PEPRA with regard to working after
retirement by citing the specific statutory program for such
employment.
4)Clarifies terminology in the sections governing forfeiture of
benefits when a member of a public retirement system has been
convicted of a felony, as specified.
The Senate amendments add the provision related to retired
judges and make additional clarifications to the forfeiture of
benefits provisions.
EXISTING LAW :
AB 2476
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1)Establishes comprehensive public employee pension reform
through enactment of PEPRA (and related statutory changes)
that apply to all public employers and public pension plans on
and after January 1, 2013, excluding the University of
California and charter cities and counties that do not
participate in a retirement system governed by state statute.
2)Prohibits a person who retires on or after January 1, 2013,
from returning to work as a retired annuitant for a period of
180 days after retirement unless the action is approved in an
open meeting, as specified by the governing body of the
employer, or by California Department of Human Resources
(CalHR) authority if state retiree, as specified.
3)Permits a retired judge to be appointed to a court of record
without reduction or loss of retirement benefits, as
specified.
4)Requires public officials and employees to forfeit pension and
related benefits if they are convicted of a felony in carrying
out official duties, in seeking an elected office or
appointment, or in connection with obtaining salary or pension
benefits.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "The bill enacting PEPRA, AB
340 (Furutani), Chapter 296, Statutes of 2012, passed at the end
of the 2012 session as a conference committee report following
over a year of meetings, hearings, and various legislative
efforts relative to comprehensive pension reform. Due to the
scope of the bill and its complexity, and the requirement that a
conference report may not be amended once in print, a number of
provisions needed to be clarified. Last year's bill, SB 13
(Beall), Chapter 528, Statutes of 2013, made a number of
clarifying changes to PEPRA but additional minor clarifications
are necessary. This bill will provide employers and retirement
system administrators with better guidelines for fully
implementing the requirements of AB 340."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
AB 2476
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FN: 0004500