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AB-1458 State employees: memoranda of understanding: State Bargaining Units 10 and 18.(2005-2006)

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Assembly Bill No. 1458
CHAPTER 238

An act to amend Section 20047.5 of, and to add Sections 20037.11 and 20037.12 to, the Government Code, relating to state employees, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 13, 2006. Filed with Secretary of State  September 13, 2006. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1458, De La Torre. State employees: memoranda of understanding: State Bargaining Units 10 and 18.
(1) 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 the memoranda of understanding entered into between the state employer and State Bargaining Units 10 and 18, 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 further provide that provisions of the memoranda 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 authorize the state employer and the affected employee organization to reopen negotiations on all or part of the memoranda if funds for those provisions are not specifically appropriated by the Legislature.
(2) The Public Employees’ Retirement Law provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation. Existing law defines final compensation variously for different member classifications and bargaining units and, in this regard, defines final compensation for a state member for the purpose of calculating retirement benefits as the highest annual average compensation earnable by the member during a designated 12-month period.
This bill would provide that final compensation for a person who becomes a state member, as specified, on or after January 1, 2007, and who is represented by State Bargaining Unit 10 or 18 means the highest annual average compensation earnable by the member during a designated 36-month period.
(3) The Public Employees’ Retirement Law prescribes increased 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 extend those benefits to state miscellaneous members employed by the State Department of Developmental Services at Canyon Springs Community Facility and Sierra Vista Community Facility, as specified.
(4) This bill would also appropriate $23,469,000 from the General Fund and other unallocated funds for expenditure for the 2006–07 fiscal year for state employee compensation in augmentation of the Budget Act of 2006, as specified.
(5) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   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 the purpose of this act is to approve agreements pursuant to Section 3517 of the Government Code entered into by the state employer and State Bargaining Unit 10, California Association of Professional Scientists (CAPS), on August 18, 2006, and State Bargaining Unit 18, California Association of Psychiatric Technicians (CAPT), on August 18, 2006, that require the expenditure of funds.

SEC. 2.

 The provisions of the memoranda of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and the following employee organizations, and that require the expenditure of funds, are hereby approved for the purposes of Section 3517.6 of the Government Code:
(a) State Bargaining Unit 10, California Association of Professional Scientists.
(b) State Bargaining Unit 18, California Association of Psychiatric Technicians.

SEC. 3.

 The provisions of the memoranda of understanding approved by Section 2 of this act that are scheduled to take effect on or after July 1, 2006, and that require the expenditure of funds, shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If the Legislature does not approve or fully fund any provision of a memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of that memorandum of understanding.

SEC. 4.

 Notwithstanding Section 3517.6 of the Government Code, the provisions of those memoranda of understanding included in Section 2 that require the expenditure of funds shall become effective even if the provisions of the memoranda of understanding are approved by the Legislature in legislation other than the annual Budget Act.

SEC. 5.

 Section 20037.11 is added to the Government Code, to read:

20037.11.
 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 10, means the highest average annual compensation earnable by the member during the consecutive 36-month period immediately preceding the effective date of his or her retirement, or the date of his or her last separation from state service if earlier, or during any other period of 36 consecutive months during his or her state membership that the member designates on the application for retirement.
(b) This section applies to service credit accrued while a member of State Bargaining Unit 10.
(c) This section does not apply to:
(1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007.
(2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment.
(3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 10 on or after January 1, 2007.
(4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007.

SEC. 6.

 Section 20037.12 is added to the Government Code, to read:

20037.12.
 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 18, means the highest average annual compensation earnable by the member during the consecutive 36-month period immediately preceding the effective date of his or her retirement, or the date of his or her last separation from state service if earlier, or during any other period of 36 consecutive months during his or her state membership that the member designates on the application for retirement.
(b) This section applies to service credit accrued while a member of State Bargaining Unit 18.
(c) This section does not apply to:
(1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007.
(2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment.
(3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 18 on or after January 1, 2007.
(4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007.

SEC. 7.

 Section 20047.5 of the Government Code is amended to read:

20047.5.
 “Industrial,” with respect to state miscellaneous members, means death or disability on or after January 1, 2002, or the date agreed to in the memorandum of understanding between the state employer and the recognized employee organization, 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 the State Department of Developmental Services, at Porterville Developmental Center, Canyon Springs Community Facility, or Sierra Vista Community Facility, if both of the following apply:
(a) The member either (1) was performing his or her duties within a treatment ward at the time of the injury, or (2) was not within a treatment ward 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) The member, at the time of injury, was either (1) 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) excluded from the definition of “state employee” in subdivision (c) of Section 3513, or (3) a non-elected officer or employee of the executive branch of government who was not a member of the civil service.

SEC. 8.

 The sum of twenty-three million four hundred sixty-nine thousand dollars ($23,469,000) is hereby appropriated for expenditure in the 2006–07 fiscal year in augmentation of, and for the purpose of state employee compensation as provided in, Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of 2006 in accordance to the following schedule:
(a) Thirteen million nine hundred seventy thousand dollars ($13,970,000) from the General Fund in augmentation of Item 9800-001-0001.
(b) Six million seventy-nine thousand dollars ($6,079,000) from unallocated special funds in augmentation of Item 9800-001-0494.
(c) Three million four hundred twenty thousand dollars ($3,420,000) from other unallocated nongovernmental cost funds in augmentation of Item 9800-001-0988.

SEC. 9.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the provisions of this act to be applicable as soon as possible in the 2006–07 fiscal year, and thereby facilitate the orderly administration of state government at the earliest possible time, it is necessary that this act take effect immediately.