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SB-653 State employees: memorandum of understanding.(2009-2010)

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SB653:v94#DOCUMENT

Amended  IN  Assembly  June 17, 2010
Amended  IN  Assembly  June 10, 2010
Amended  IN  Senate  May 28, 2009
Amended  IN  Senate  May 06, 2009
Amended  IN  Senate  April 21, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 653

Introduced  by  Senator Correa

February 27, 2009

An act to amend Section 21350 of the Government Code, relating to state retirement. An act relating to state employees.


LEGISLATIVE COUNSEL'S DIGEST


SB 653, as amended, Correa. State retirement: benefits. State employees: memorandum of understanding.
Under existing law, a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.
This bill would approve provisions that require the expenditure of funds of a memorandum of understanding entered into between the state employer and an unspecified bargaining unit, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.
This bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for these provisions are not specifically appropriated by the Legislature.

The Public Employees’ Retirement Law (PERL) provides a comprehensive set of rights and benefits for various employees of the state and local agencies. That law also establishes the Public Employees’ Retirement System (PERS) and sets forth the provisions for the delivery of benefits, including retirement benefits to its members. Under that law, the retirement benefits of a retirement system member are based, in part, on the completed service credit and compensation received by that member. Existing law specifies the components that constitute a member’s service retirement allowance.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that the purpose of this act is to approve an agreement pursuant to Section 3517.5 of the Government Code entered into by the state employer and State Bargaining Unit ____.

SEC. 2.

 The provisions of the memorandum of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit ____, dated ____, and that require the expenditure of funds, are hereby approved for the purposes of Section 3517.6 of the Government Code.

SEC. 3.

 The provisions of the memorandum of understanding approved by Section 2 of this act that are scheduled to take effect immediately, and that require the expenditure of funds, shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, the state employer and the affected employee organization shall meet and confer to renegotiate the affected provisions.

SEC. 4.

 Notwithstanding Section 3517.6 of the Government Code, the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.
SECTION 1.Section 21350 of the Government Code is amended to read:
21350.

Upon retirement for service, a member is entitled to receive a service retirement allowance that shall consist of:

(a)The member’s service retirement annuity, including, with respect to patrol members and solely in respect to the portion of the annuity derived from the normal accumulated contributions of those members, respectively, automatic continuance to a surviving spouse, or if there is no spouse at retirement, to surviving children, or if there are no eligible surviving children at retirement, to surviving dependent parents as provided in this article.

(b)The member’s current service pension.

(c)The member’s prior service pension.