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AB-1768 State employees: active duty compensation and benefits. (2021-2022)

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Date Published: 08/09/2022 09:00 PM
AB1768:v98#DOCUMENT

Enrolled  August 09, 2022
Passed  IN  Senate  August 08, 2022
Passed  IN  Assembly  May 12, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1768

Introduced by Assembly Member Cooper

February 02, 2022

An act to amend Section 19775.17 of the Government Code, relating to state employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1768, Cooper. State employees: active duty compensation and benefits.
Existing law grants the right to certain compensation and benefits to state employees who, as members of the California National Guard or a United States military reserve organization, are ordered to active duty by Presidential determination, as specified, or in time of national emergency declared by the President of the United States or otherwise authorized by law. Existing law references specific provisions of federal law for purposes of identifying events that establish how long the affected state employees are required to receive the compensation and benefits, a period which is not to exceed 180 calendar days.
This bill, for purposes of the above-described provisions, would delete the references to federal law. For purposes of establishing how long the affected state employees are required to receive these active duty compensation and benefits, the bill would refer instead to the provisions of California law that generally establish the right of state employees to compensation and benefits while on active duty, as described above. The bill would make other nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19775.17 of the Government Code is amended to read:

19775.17.
 (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President of the United States or otherwise authorized by law, shall have the benefits provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event described in subdivision (a), but not for more than 180 calendar days, as part of the state employee’s compensation, both of the following:
(1) The difference between the amount of the state employee’s military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Human Resources.
(2) All benefits that the state employee would have received had the individual not served on active duty unless the benefits are prohibited or limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Human Resources. For a state employee eligible to participate in a federally sponsored income protection program, and whose monthly salary as a state employee was higher than the sum of the state employee’s military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days.
(e) For purposes of this section, “state employee” means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state.
(f) This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or 19775.18 of this code, or Section 395.08 of the Military and Veterans Code.