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ACA-22 Legislature: retirement.(2023-2024)

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ACA22:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Constitutional Amendment
No. 22

Introduced by Assembly Member Jones-Sawyer

March 14, 2024

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 4.5 of Article IV thereof, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


ACA 22, as introduced, Jones-Sawyer. Legislature: retirement.
The California Constitution permits Members of the Legislature elected or serving after November 1, 1990, to participate only in the federal Social Security System, and prohibits those Members from accruing any other pension or retirement benefits as a result of service in the Legislature.
This measure would authorize a Member of the Legislature who is first elected to the Legislature for a term commencing on or after December 3, 2024, to elect to participate in the Public Employees’ Retirement System in any state retirement plan in which a majority of the employees of the state may participate. The measure would provide that retirement credit earned by a person through service in another state or local government agency may qualify for credit in that state retirement plan. The measure would permit the State to pay only the employer’s contribution necessary for participation in the Public Employees’ Retirement System.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 4.5 of Article IV thereof is amended to read:

SEC. 4.5.
 Notwithstanding any other provision of this Constitution or existing law, a person law:
(a) A person elected to or serving in the Legislature on or after November 1, 1990, shall participate in the Federal Social Security (Retirement, Disability, Health Insurance) Program and the Program.
(b) A person who is first elected to the Legislature for a term commencing on or after December 3, 2024, may elect to participate in the Public Employees’ Retirement System in any state retirement plan in which a majority of the employees of the state may participate. Retirement credit earned by that person through service in another state or local government agency may qualify for credit in the state retirement plan.
(c) The State shall pay only the employer’s share of the contribution contributions necessary to such participation. No for participation in the Social Security Program and the Public Employees’ Retirement System, as applicable.
(d) No other pension or retirement benefit shall accrue as a result of service in the Legislature, such service not being intended as a career occupation. This Section section shall not be construed to abrogate or diminish any vested pension or retirement benefit which may have accrued under an existing law to a person holding or having held office in the Legislature, but upon adoption of this Act act no further entitlement to nor vesting in any existing program shall accrue to any such person, other than the Social Security Program and the Public Employees’ Retirement System to the extent herein provided.