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AB-933 Public employment benefits: state safety members.(2011-2012)

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AB933:v98#DOCUMENT

Amended  IN  Assembly  April 07, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 933


Introduced  by  Assembly Member Allen

February 18, 2011


An act to add Section 20404.5 to the Government Code, relating to public employments, and making an appropriation therefor. An act to add Section 20047.1 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 933, as amended, Allen. Public employment benefits: state safety members.
The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. Under PERL employees belong to various membership categories, which include state safety miscellaneous members. PERL includes specified employees of the Department of Corrections and Rehabilitation within the state safety member classification. Member contributions are deposited in the Public Employees’ Retirement Fund, a continuously appropriated fund. State safety members generally make higher levels of contribution than state miscellaneous members. PERL prescribes increased industrial death or disability benefits to state miscellaneous members employed by the State Department of Developmental Services at the Porterville Developmental Center whose death or disability arises out of specified circumstances.

This bill would additionally include within the state safety member classification any person employed at a state prison or state hospital. The bill would make an appropriation by increasing the amount of employee contributions to the continuously appropriated Public Employees’ Retirement Fund.

This bill would extend those benefits to state miscellaneous members employed by a state hospital, as specified.
Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 20047.1 is added to the Government Code, to read:

20047.1.
 “Industrial” with respect to state miscellaneous members also means death or disability after January 1, 2012, resulting from an injury that is a direct consequence of a violent act perpetrated on his or her person by a patient or client of a state hospital where more than 50 percent of the patients or clients have been committed by a court if at the time of injury both of the following apply:
(a) Any of the following applies:
(1) The member was performing his or her duties within a state hospital.
(2) The member was within the state hospital but on a recognized break during a prescribed working shift.
(3) The member was not within the state hospital but was acting within the scope of his or her employment at the hospital and is regularly and substantially as part of his or her duties in contact with the patients or clients.
(b) Either of the following applies:
(1) The member was employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section.
(2) The member was either excluded from the definition of state employee in subdivision (c) of Section 3513 or was a nonelected officer or employee of the executive branch of government who was not a member of the civil service.

SECTION 1.Section 20404.5 is added to the Government Code, to read:
20404.5.

“State safety member” shall also include any person employed at a state prison or state hospital.