BILL ANALYSIS �
AB 2628
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2628 (Mansoor) - As Introduced: February 21, 2014
SUBJECT : County employees' retirement: Orange County.
SUMMARY : Allows the Orange County Board of Supervisors to
appoint alternate members to the county board of retirement, as
specified. Specifically, this bill :
1)Permits the Orange County Board of Supervisors, by resolution
adopted by majority vote, to appoint one alternate member for
the 4th, 5th, 6th, or 9th retirement board member.
2)Requires the alternate member to be a qualified elector of the
county who is not connected with the county government.
3)Specifies that the term of office for the alternate member
will run concurrently with the term of office of the 9th
member.
4)Prohibits the alternate member from voting as a member of the
board unless the 4th, 5th, 6th, or 9th member is absent. If
there is a vacancy, the alternate member will fill that
vacancy until a successor qualifies.
5)Requires that the alternate member have the same compensation
for attending a meeting whether or not the 4th, 5th, 6th, or
9th member attends the meeting.
6)Requires the alternate member be entitled to the following:
a) The same rights, privileges, responsibilities, and
access to closed sessions as the 4th, 5th, 6th, or 9th
member.
b) The ability to hold positions on committees of the
board, as specified, and to participate in deliberations of
the board or any of its committees, as specified.
7)Prohibits the alternate member from serving until service of
this type has been approved by the majority of the electors in
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the county.
EXISTING LAW :
1)Establishes the County Employees' Retirement Law of 1937 ('37
Act), which provides for retirement systems for county and
district employees in those counties adopting its provisions.
Currently 20 counties operate retirement systems under the '37
Act.
2)Sets forth the composition of the nine-member board of
retirement for any '37 Act county retirement system as
follows:
a) The county treasurer;
b) Two general (non-safety) members elected by the general
members of the system (2nd and 3rd members);
c) Four members who are qualified electors not in any way
connected with county government, except one may be a
county supervisor, appointed by the board of supervisors
(4th, 5th, 6th, and 9th members);
d) One safety member elected by the safety members of the
system (7th member); and,
e) One retired member elected by the retired members of the
system (8th member).
3)Provides for alternates for all retirement board members
except those appointed by the board of supervisors (4th, 5th,
6th, and 9th members).
4)Permits the Contra Costa Board of Supervisors, by resolution
adopted by majority vote, to appoint one alternate member for
the 4th, 5th, 6th, or 9th retirement board member.
5)Section 17 of Article 16 of the California Constitution
specifies that the composition of public retirement boards
that have elected members "?shall not be changed, amended or
modified by the Legislature unless the change, amendment or
modification enacted by the Legislature is ratified by a
majority vote of the electors of the jurisdiction in which the
participants of the system are or were, prior to retirement,
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employed."
FISCAL EFFECT : This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the sponsor, the Orange County Board of
Supervisors, "Currently, the Board of Supervisors of the County
of Orange is permitted to appoint four members to the board of
retirement under the County Employees' Retirement Law of 1937
(CERL). The CERL does not permit the board of supervisors to
appoint an alternate for these appointed board members. In
contrast, an alternate is permitted to be appointed for the
elected retirement benefits who hold the second, third, seventh
and eighth retirement board positions which are the elected
retirement board positions. Failure to have an alternate for
appointed retirement board members will hinder the board of
retirement if one of the appointed board members is not present.
AB 2628 would give the Orange County Board of Supervisors
authority to appoint an alternate for the appointed board
members with the same rights and privileges as the alternate for
elected retirement board members."
Opponents have raised concerns that this measure is not needed,
stating that since the board of supervisor appoints these
members, they have the authority to require that they be present
for all of the board meetings. Additionally, opponents point
out that to their knowledge, there had been no lack of a quorum
for a retirement board meeting in well over 10 years.
Finally, opponents are concerned that the alternates might only
attend a few meetings and, therefore, lack the history and
necessary insight to make informed decisions. Opponents
conclude, "Moreover, there is concern that the alternates could
vote contrary to the position that may have been taken by the
primary appointed member."
REGISTERED SUPPORT / OPPOSITION :
Support
Orange County Board of Supervisors (Sponsor)
Opposition
AB 2628
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Association of Orange County Deputy Sheriffs
California Professional Firefighters
Los Angeles County Professional Peace Officers' Association
Orange County Employees Association
Sacramento County Deputy Sheriffs Association
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957