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AB-785 Public Employees’ Retirement System: Board of Administration: direct mailing assistance.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 785


Introduced by Assembly Member Weber

February 21, 2013


An act to add Section 20140 to the Government Code, relating to the Public Employees’ Retirement System, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 785, as introduced, Weber. Public Employees’ Retirement System: Board of Administration: direct mailing assistance.
Existing law establishes the Public Employees’ Retirement System, which is governed by its Board of Administration. Existing law establishes the powers and duties of the board and generally requires that the board and its officers and employees discharge their duties with respect to the system solely in the interest of the participant and beneficiaries. Existing law creates the Public Employees’ Retirement Fund, a trust fund that is continuously appropriated solely for the benefit of the members, annuitants, and their survivors and beneficiaries.
This bill would authorize an organization that provides employee representation or membership services to annuitants of the system to submit a request to the board for assistance in performing direct mailing, subject to specified requirements. The bill would require the board, upon receiving a request, to provide a direct mailing to the annuitants of the system who are members of the organization or eligible to become members of the organization. The bill would require the organization to provide the board with copies of all materials that will be included in the direct mailing. The bill would require the organization requesting the direct mailing to pay all reasonable expenses of the mailing. By authorizing continuously appropriated funds to be used for a new purpose, this bill would make an appropriation. The bill would also make a statement of legislative findings and declarations.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that, in the interest of administering the Public Employees’ Retirement System in a manner that will assure prompt delivery of benefits and related services to the participants and their beneficiaries, the Board of Administration of the Public Employees’ Retirement System shall provide assistance to organizations that provide employee representation or membership services to annuitants of the system as required by the provisions of this act.

SEC. 2.

 Section 20140 is added to the Government Code, to read:

20140.
 (a) An organization that provides employee representation or membership services to annuitants of the system may submit a request to the board for assistance in performing direct mailings to annuitants of the system who are members of the organization or eligible to become members of the organization. Upon receiving a request, the board shall provide a direct mailing to the annuitants of the system who are members of the organization or eligible to become members of the organization, subject to the requirements of this section. The organization shall provide the board with copies of all materials that will be included in the direct mailing.
(b) The direct mailings authorized in subdivision (a) may be for any lawful purpose other than the supporting or opposing any political party, ballot measure, or candidate in any election, including any election within the organization. The board shall provide the data for addressing envelopes for the direct mailing only to a mail processing center mutually agreed upon by the board and the organization making the request under a secure data sharing agreement with the mail processing center under which neither the organization nor any other entity shall have direct access to any names or addresses. The board shall not be required to notify an annuitant whose data is released to a mail processing center in connection with a direct mailing made pursuant to these provisions.
(c) The organization requesting the direct mailing shall pay any and all reasonable expenses of the mailing.