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SB-755 Public employees’ retirement: postretirement death benefits.(2007-2008)



Current Version: 08/20/07 - Amended Senate

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SB755:v97#DOCUMENT

Amended  IN  Senate  August 20, 2007
Amended  IN  Senate  July 25, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 755

Introduced  by  Senator Alquist

February 23, 2007

An act to add Article 2.7 (commencing with Section 115950) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to wave pools. An act to amend Section 21623 of the Government Code, relating to public employees’ retirement, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 755, as amended, Alquist. Wave pools. Public employees’ retirement: postretirement death benefits.
The Public Employees’ Retirement Law requires that, upon the death of any state or school member after retirement and while receiving a retirement allowance, the sum of $2,000 be paid to the member’s designated beneficiary, as specified. Existing law provides that the additional employer contributions required to fund this benefit be computed as a level percentage of member compensation, and these are deposited in the Public Employees’ Retirement Fund, a continuously appropriated fund.
This bill would increase the amount of that payment to $5,000 with respect to those state members who retired on or before July 1, 2008. By providing for funds in the Public Employees’ Retirement Fund to be spent for a new purpose, and by increasing contributions to that fund, this bill would make an appropriation.

Existing law regulates safe recreational water use, including, but not limited to, the recreational use of reservoirs, public beaches, and swimming pools. The Swimming Pool Safety Act establishes certain safety standards requiring swimming pool enclosures, safety pool covers, or exit alarms, as defined, or certain other means of protection.

This bill would enact the Wave Pool Safety Act and require a wave pool operator to comply with several specified safety requirements, including, but not limited to, providing a life vest that is free and available for use by any nonswimmer, as defined, child under 48 inches in height, or any other patron at the request of the patron, as specified. The bill would require children under 48 inches in height, regardless of whether the child is accompanied by an adult, to wear a life vest to gain access to a wave pool. The bill would further require a specified audible signal to be used prior to resuming wave action to warn patrons, as defined, of impending waves. The bill would also require signs indicating these requirements to appear at the ticket booth or entrance gate to the park or other facility where the wave pool is located. The bill would require lifeguards to be assigned to guard a wave pool, as specified.

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

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


SECTION 1.

 Section 21623 of the Government Code is amended to read:

21623.
 (a) In lieu of benefits provided by Section 21620 or 21622, upon the death of any retired state or school member, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of two thousand dollars ($2,000), to be provided from contributions by the employer.
(b) In lieu of benefits provided by Section 21620 or 21622, upon the death of a retired state member who retired on or before July 1, 2008, and is receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of five thousand dollars ($5,000), to be provided from contributions by the employer.
(c) Except as provided in subdivision (b), upon the death of a retired state member, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of two thousand dollars ($2,000), to be provided from contributions by the employer.

(b)

(d) For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods that, in the aggregate, are reasonable and that, in combination, offer the actuary’s best estimate of anticipated experience under this system.

(c)

(e) The additional employer contributions required under this section shall be computed as a level percentage of member compensation.

(d)

(f) This section shall apply to a school employer and a retired school member whose death after retirement occurs on or after January 1, 2001. This section shall not apply to any contracting agency or local member, except those contracting agencies that are school employers and those school districts or community college districts as defined in subdivision (i) of Section 20057.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The purpose of the Wave Pool Safety Act is to help safeguard wave pool users who are most at risk.

(b)The provisions of this act should not be interpreted to diminish the role of parents or adults charged with supervising children in wave pools. Parents and adults who supervise children need to be educated about the potential dangers and inherent risks for children and nonswimmers using wave pools. Working in tandem with lifeguards on duty, parents and adults supervising children need to remain alert while children are in the water.

(c)The Legislature encourages the aquatic industry to release public service announcements regarding the provisions of this act and educate the public as to the dangers for children and nonswimmers using, and the safety requirements of, wave pools.

SEC. 2.Article 2.7 (commencing with Section 115950) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:
2.7.Wave Pool Safety Act
115950.

This article shall be known and may be cited as the Wave Pool Safety Act.

115951.

For purposes of this article, the following definitions shall apply:

(a)“Nonswimmer” means a person who is a weak swimmer or a person who cannot swim.

(b)“Patron” means a swimmer or nonswimmer using a wave pool.

(c)“Rest period” means a period of time that the wave generating equipment for the wave pool is not being operated.

(d)“Wave pool” means a swimming pool designed for the purpose of producing wave action in the water.

115952.

On and after January 1, 2008, a wave pool in this state shall comply with all of the following:

(a)(1)A wave pool operator shall provide a life vest that is free and available for use by a nonswimmer or a child under 48 inches in height. A wave pool operator shall also provide a life vest that is free and available for use to any other patron at the request of the patron.

(2)Notwithstanding paragraph (1), a patron, including a nonswimmer and child, may use his or her own life vest if that life vest meets nationally recognized standards for safety.

(b)(1)Children under 48 inches in height, regardless of whether the child is accompanied by an adult, shall wear a life vest to gain access to a wave pool.

(2)A child 14 years of age and under shall be accompanied by an adult.

(3)A child who is either six years of age and under or under 48 inches in height shall be accompanied in the wave pool by an adult who shall be within arm’s length of the child in the wave pool.

(4)A child or patron who does not satisfy the requirements of this subdivision may not access the wave pool.

(c)In all cases where wave action is suspended for any reason, an audible signal shall be used prior to resuming wave action to warn patrons of impending waves. That audible signal shall sound for at least 30 seconds prior to resuming wave action.

(d)Lifeguards shall be assigned to guard a wave pool. The wave pool operator shall ensure that there is at least one lifeguard for each 2,000 square feet of water surface area over 12 inches of static water depth that is available for use to patrons. A lifeguard required by this subdivision shall have an unobstructed view of, and be able to completely observe, the wave pool.

(e)A shutoff valve for the wave equipment shall be easily accessible to the lifeguards and other pool officials.

(f)A wave pool shall have a minimum rest period of 30 minutes within each hour of operation.

(g)Signs indicating the requirements described in subdivisions (a) to (c), inclusive, shall appear at the ticket booth or entrance gate to the park or other facility where the wave pool is located.