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SB-431 Public employees’ retirement.(2007-2008)



Current Version: 09/29/07 - Chaptered

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SB431:v94#DOCUMENT

Senate Bill No. 431
CHAPTER 256

An act to add Section 20815.5 to the Government Code, and to add Item 8380-001-8049 to Section 2.00 of Chapter 172 of the Statutes of 2007, the Budget Act of 2007, relating to public employees’ retirement, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 29, 2007. Filed with Secretary of State  September 29, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 431, Aanestad. Public employees’ retirement.
(1) The Public Employees’ Retirement Law provides that, after the implementation of the Trial Court Employment Protection and Governance Act, for counties contracting with the Board of Administration of the Public Employees’ Retirement System, a trial court and a county in which the trial court is located shall jointly participate in the retirement system by joint contract. Existing law also requires the assets and liabilities of a county and a trial court jointly contracting with the board to be combined for purposes of setting the employer contribution rate for both the county and the trial court.
This bill would require the Board of Administration of the Public Employees’ Retirement System, from its existing resources and for the Counties of Butte and Solano, to prepare a separate computation of the assets and liabilities of the trial court and each county, as determined by the actuary. The bill would require each respective county and the trial court for that county to identify for the Board of Administration which active, inactive, and retired members shall be considered employees of the respective county and the trial court, as specified. The bill would require the Board of Administration, on or before October 1, 2008, to forward a computation to each respective county and trial court for that county that is based upon the most recent annual actuarial valuation, as specified. The bill would provide that nothing in these provisions shall be construed to effect the combined calculation of assets and liabilities for purposes of setting the employer contribution rate for both a county and a trial court, as specified.
(2) Under existing law, the Department of Personnel Administration may contract with one or more vision care plans for annuitants and eligible family members. Under existing law, a vision care plan or plans are required to be funded by the annuitants’ premium. These premiums are required to be deposited in the Vision Care Program for State Annuitants Fund and are available upon appropriation by the Legislature, as specified.
This bill would amend the Budget Act of 2007 by appropriating $6,500,000 from the Vision Care Program for State Annuitants Fund to the Department of Personnel Administration for the purpose of funding the Vision Care Program for State Annuitants.
(3) 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.

 Section 20815.5 is added to the Government Code, to read:

20815.5.
 (a) The board shall, within its existing resources, prepare both of the following:
(1) For the joint contract of Butte County and the Butte County trial court, a one-time separate computation of the assets and liabilities of the Butte County trial court and those of Butte County, as determined by the actuary.
(2) For the joint contract of Solano County and the Solano County trial court, a one-time separate computation of the assets and liabilities of the Solano County trial court and those of Solano County, as determined by the actuary.
(b) For purposes of this section and the computation of assets and liabilities, the following shall apply:
(1) A person shall be deemed a trial court employee for service that satisfies either of the following:
(A) If the person was employed by the trial court on January 1, 2001, all continuous service for the county immediately preceding January 1, 2001, regardless of whether that service was as a county employee or a county employee assigned to the trial court.
(B) Any service on or after January 1, 2001, that the person is employed by the trial court.
(2) A person shall be deemed a county employee for service that satisfies any of the following:
(A) Any period of service prior to January 1, 2001, that is not described in subparagraph (A) of paragraph (1).
(B) Any service on or after January 1, 2001, that the person is employed by the county.
(c) On or before March 1, 2008, each respective trial court and county described in subdivision (a) shall identify and send to the board the following information:
(1) Those active, inactive, and retired members that are considered county employees and those active, inactive, and retired members that are considered trial court employees.
(2) Any lump-sum payments previously made by either the county or the trial court to the system that covers the period from January 1, 2001, to January 1, 2008, inclusive.
(d) On or before October 1, 2008, the board shall forward the computation described in subdivision (a) to each respective county and the trial court for that county. The computation shall be based upon the most recent annual actuarial valuation at the time the data described in subdivision (c) is received by the board.
(e) Nothing in this section shall be construed to effect the combined calculation of assets and liabilities for purposes of setting the employer contribution rate for both a county and a trial court as described in subdivision (b) of Section 20815.

SEC. 2.

 Item 8380-001-8049 is added to Section 2.00 of Chapter 172 of the Statutes of 2007, to read:
8380-001-8049—For support of the Department of Personnel Administration, payable from the Vision Care Program for State Annuitants Fund ........................
6,500,000
Provisions:
1.The funds appropriated in this item are to be expended for the Vision Care Program for State Annuitants.

SEC. 3.

 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 apply as soon as possible in the 2007–08 fiscal year to facilitate the orderly administration of state government at the earliest possible time, it is necessary that this act take effect immediately.