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Sponsor
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SB 76
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(Nielsen R)
Excluded employees: binding arbitration.
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Current Text: Amended: 3/22/2021 html pdf
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Introduced: 12/15/2020
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Last Amend: 3/22/2021
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Status: 4/21/2021-From committee: Do pass and
re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11.
Noes 0.) (April 20). Re-referred to Com. on APPR.
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Location: 4/21/2021-S. APPR.
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Calendar: 5/3/2021 10 a.m. - John
L. Burton Hearing Room (4203)
SENATE APPROPRIATIONS, PORTANTINO, Chair
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Summary: Existing law, the Bill of
Rights for State Excluded Employees, permits, among other things, excluded
employee organizations to represent their excluded members in their
employment relations, including grievances, with the state. That law defines
excluded employees as all managerial employees, confidential employees,
supervisory employees, and specified employees of the Department of Personnel
Administration, the Department of Finance, the Controller’s office, the
Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment
Relations Board, the Department of Industrial Relations, and the State
Athletic Commission.This bill would enact the Excluded Employee Arbitration
Act to permit an employee organization that represents an excluded employee
who has filed certain grievances with the Department of Human Resources to request
binding arbitration of the grievance if specified conditions are met. The
bill would require the designation of a standing panel of arbitrators and,
under specified circumstances, the provision of arbitrators from the
California State Mediation and Conciliation Service within the Public
Employment Relations Board. The bill would then require the arbitrator to be
chosen in a specified manner and would prescribe the duties of that
arbitrator.This bill contains other related provisions.
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Memo:
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Co-Sponsor letter sent to Author -- 3/9/21
Co-Sponsor letter sent to Sen. JUD -- 3/19/21
Co-Sponsor letter sent to Sen. LPE&R -- 3/19/21
Co-Sponsor letter sent to Sen. APPR -- 4/23/21
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Support
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AB 316
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(Cooper D)
State employees: pay equity: under-represented groups.
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Current Text: Amended: 3/4/2021 html pdf
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Introduced: 1/25/2021
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Last Amend: 3/4/2021
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Status: 4/28/2021-In committee: Set, first hearing.
Referred to suspense file.
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Location: 4/28/2021-A. APPR.
SUSPENSE FILE
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Summary: Existing law prohibits an
employer, including both public and private employers, from paying any of its
employees at wage rates less than the rates paid to employees of the opposite
sex or another race or ethnicity for substantially similar work, when viewed
as a composite of skill, effort, and responsibility, and performed under
similar working conditions, unless the employer demonstrates the wage
differential is based upon specified factors including, but not limited to, a
seniority system, a merit system, or a system that measures earnings based on
quality or quantity of production.Existing law establishes the Department of
Human Resources (department) and requires the department to administer the
Personnel Classification Plan, including allocating every position to the
appropriate class. Existing law requires the allocation of a position to a
class be derived from, and determined by, ascertaining the duties and
responsibilities of the position, and be based on the principle that all
positions are to be included in the same class if certain qualifications
apply, including, but not limited to, that the positions are sufficiently
similar in respect to duties and responsibilities that the same descriptive
title may be used, and substantially the same requirements as to education,
experience, knowledge, and ability are demanded of incumbents. This bill
would require the department, prior to January 1, 2023, and every 2 years
thereafter, to prepare a report on gender and ethnicity pay equity in each
classification under the Personnel Classification Plan where there is an
underrepresentation of women and minorities. The bill would require the
report to contain a plan for each state agency to attain pay equity that is
consistent with existing state and federal law if a discrepancy is found, a
plan to recruit, attract, and retain women and minorities that is consistent
with existing state and federal law in positions where there is an
underrepresentation of those groups, and each state agency’s efforts that are
consistent with state and federal law toward meeting the goals for wage
parity and increasing the number of women and minorities in the state agency.
The bill would require the department to submit the report to the Legislature
no later than January 1 following the completion of the report. The bill
would further require the head of each state agency, or their representative,
to present the facts and findings from the report for that state agency to
the appropriate legislative budget committees when the budget of that state
agency is before the subcommittee.This bill contains other existing laws.
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Memo:
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Support letter sent to Author -- 4/13/20
Support letters sent to Asm. PE&R -- 4/13/20
Support letters sent to Asm. APPR -- 4/23/20
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SB 95
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(Skinner D)
Employment: COVID-19: supplemental paid sick leave.
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Current Text: Chaptered: 3/19/2021 html pdf
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Introduced: 12/16/2020
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Last Amend: 3/15/2021
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Status: 3/19/2021-Approved by the Governor.
Chaptered by Secretary of State. Chapter 13, Statutes of 2021.
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Location: 3/18/2021-S. CHAPTERED
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Summary: Existing law, the Healthy
Workplaces, Healthy Families Act of 2014, entitles an employee who works in
California for the same employer for 30 or more days within a year from the
commencement of employment to paid sick days. Under existing law, an employee
accrues paid sick days at a rate of not less than one hour per every 30 hours
worked, subject to certain use, accrual, and yearly carryover limitations.
Existing law requires the Labor Commissioner to enforce the act and provides
for procedures, including investigation and hearing, and for remedies and
penalties.This bill would provide for COVID-19 supplemental paid sick leave
for covered employees, as defined, who are unable to work or telework due to
certain reasons related to COVID-19, including that the employee has been
advised by a health care provider to self-quarantine due to concerns related
to COVID-19. The bill would entitle a covered employee to 80 hours of
COVID-19 supplemental paid sick leave if that employee either works full time
or was scheduled to work, on average, at least 40 hours per week for the
employer in the 2 weeks preceding the date the covered employee took COVID-19
supplemental paid sick leave. The bill would provide a different calculation
for supplemental paid sick leave for a covered employee who is a firefighter
subject to certain work schedule requirements and for a covered employee
working fewer or variable hours, as specified. The bill would provide that
the total number of hours of COVID-19 supplemental paid sick leave to which a
covered employee is entitled to under these provisions is in addition to any
paid sick leave available under the act, as specified.This bill contains
other related provisions and other existing laws.
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SB 278
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(Leyva D)
Public Employees’ Retirement System: disallowed compensation: benefit
adjustments.
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Current Text: Amended: 3/23/2021 html pdf
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Introduced: 1/29/2021
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Last Amend: 3/23/2021
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Status: 4/20/2021-April 19 hearing: Placed on APPR
suspense file.
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Location: 4/20/2021-S. APPR.
SUSPENSE FILE
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Summary: (1)Existing law, the Public
Employees’ Retirement Law (PERL), establishes the Public Employees’
Retirement System (PERS), which provides a defined benefit to members of the
system, based on final compensation, credited service, and age at retirement,
subject to certain variations. PERL authorizes a public agency to contract to
make its employees members of PERS and prescribes a process for this. PERS is
administered by its board of administration, which is responsible for
correcting errors and omissions in the administration of the system and the
payment of benefits. Existing law requires the board to correct all actions
taken as a result of errors or omissions of the state or a contracting
agency, in accordance with certain procedures.This bill would establish new
procedures under PERL for cases in which PERS determines that the benefits of
a member or annuitant are, or would be, based on disallowed compensation that
conflicts with PEPRA and other specified laws and thus impermissible under
PERL. The bill would also apply these procedures retroactively to
determinations made on or after January 1, 2017, if an appeal has been filed
and the employee member, survivor, or beneficiary has not exhausted their
administrative or legal remedies. At the threshold, after determining that
compensation for an employee member reported by the state, school employer,
or a contracting agency is disallowed, the bill would require the applicable
employer to discontinue the reporting of the disallowed compensation. The
bill would require that contributions made on the disallowed compensation,
for active members, be credited against future contributions on behalf of the
state, school employer, or contracting agency that reported the disallowed
compensation and would require that the state, school employer, or
contracting agency return to the member any contributions paid by the member
or on the member’s behalf.This bill contains other related provisions and
other existing laws.
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Memo:
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Support letter sent to Author -- 3/2/21
Support letter sent to Sen. LPE&R -- 3/2/21
Support letter sent to Sen. JUD -- 3/17/21
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Oppose
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AB 1133
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(Chen R)
State employee hybrid pension system.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 2/19/2021-From printer. May be heard in
committee March 21.
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Location: 2/18/2021-A. PRINT
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Summary: Existing law creates the Public
Employees’ Retirement System (PERS), which offers a defined benefit pension
and other benefits to its members based on age at retirement, service credit,
and final compensation, subject to certain variations. Existing law generally
provides that state employees become members of PERS upon employment.
Existing law authorizes the Department of Personnel Administration to create
a tax-deferred savings plan, which has been named Savings Plus, that permits
state employees to build a retirement savings account using payroll
deductions. The bill would state the intent of the Legislature to enact
legislation that would create a hybrid retirement benefit, consisting of a
defined benefit pension and a defined contribution program, within the Public
Employees’ Retirement System, that state employees would have the option of
electing.
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Watch
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AB 53
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(Low D)
Election day holiday.
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Current Text: Amended: 3/15/2021 html pdf
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Introduced: 12/7/2020
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Last Amend: 3/15/2021
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Status: 4/26/2021-From committee: Do pass and
re-refer to Com. on APPR. (Ayes 14. Noes 4.) (April 22). Re-referred to Com.
on APPR.
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Location: 4/22/2021-A. APPR.
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Calendar: 5/5/2021 9 a.m. - State
Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ,
LORENA, Chair
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Summary: Existing law requires that an
election for congressional and state elective offices be held on the first
Tuesday after the first Monday in November of each even-numbered year.
Existing law requires a presidential general election to be held on the first
Tuesday after the first Monday in November in any year that is evenly
divisible by the number 4. This bill would add the day on which a statewide
general election is held, which is the first Tuesday after the first Monday
in November of any even-numbered year, to these lists of holidays. The bill
would require community colleges and public schools to close on any day on
which a statewide general election is held. The bill would require the California
State University, and request the University of California, to close campuses
on a day on which a statewide general election is held. The bill would
require that state employees, with specified exceptions, be given time off
with pay for days on which a statewide general election is held. The bill
would provide that the third Monday in February, also known as Washington
Day, is observed only in odd-numbered years. This bill contains other related
provisions and other existing laws.
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AB 105
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(Holden D)
The Upward Mobility Act of 2021: boards and commissions: civil
service: examinations: classifications.
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Current Text: Amended: 4/21/2021 html pdf
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Introduced: 12/14/2020
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Last Amend: 4/21/2021
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Status: 4/29/2021-VOTE: Do pass and be re-referred
to the Committee on [Appropriations] (PASS)
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Location: 4/29/2021-A. APPR.
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Summary: Existing law provides that it
is the policy of the State of California that the composition of state boards
and commissions shall be broadly reflective of the general public, including
ethnic minorities and women.This bill would require that, on or after January
1, 2022, all state boards and commissions consisting of one or more volunteer
members have at least one board member or commissioner from an
underrepresented community. The bill would define the term “board member or
commissioner from an underrepresented community” as an individual who
self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific
Islander, Native American, Native Hawaiian, or Alaska Native, or who
self-identifies as gay, lesbian, bisexual, or transgender. The bill would
apply these requirements only as vacancies on state boards and commissions
occur.This bill contains other related provisions and other existing laws.
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AB 214
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(Ting D)
Budget Act of 2021.
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Current Text: Introduced: 1/8/2021 html pdf
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Introduced: 1/8/2021
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Status: 1/28/2021-Referred to Com. on BUDGET.
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Location: 1/28/2021-A. BUDGET
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Summary: This bill would make
appropriations for the support of state government for the 2021–22 fiscal
year.This bill contains other related provisions.
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AB 230
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(Voepel R)
Employment: flexible work schedules.
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Current Text: Introduced: 1/12/2021 html pdf
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Introduced: 1/12/2021
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Status: 1/28/2021-Referred to Com. on L. & E.
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Location: 1/28/2021-A. L. & E.
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Summary: Existing law, with certain
exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and
requires payment of prescribed overtime compensation for additional hours
worked. Existing law authorizes the adoption by 2/3 of employees in a work
unit of alternative workweek schedules providing for workdays no longer than
10 hours within a 40-hour workweek.This bill would enact the Workplace
Flexibility Act of 2021. The bill would permit an individual nonexempt
employee to request an employee-selected flexible work schedule providing for
workdays up to 10 hours per day within a 40-hour workweek, and would allow an
employer to implement this schedule without the obligation to pay overtime
compensation for those additional hours in a workday, except as specified.
The bill would require that the flexible work schedule contain specified
information and the employer’s and the employee’s original signature. The
bill would also require the Division of Labor Standards Enforcement in the
Department of Industrial Relations to enforce this provision and adopt
regulations.
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AB 237
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(Gray D)
Public employment: unfair practices: health protection.
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Current Text: Amended: 3/1/2021 html pdf
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Introduced: 1/13/2021
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Last Amend: 3/1/2021
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Status: 4/29/2021-Read second time. Ordered to
third reading.
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Location: 4/29/2021-A. THIRD READING
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Calendar: 5/3/2021 #76
ASSEMBLY THIRD READING FILE - ASSEMBLY BILLS
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Summary: Existing law establishes the
Public Employment Relations Board (PERB) in state government for the purpose
of resolving disputes and enforcing the statutory duties and rights of
specified public employers and employees under various acts regulating
collective bargaining, including the Meyers-Milias-Brown Act. Under existing
law, PERB has the power and duty to investigate an unfair practice charge and
to determine whether the charge is justified and the appropriate remedy for
the unfair practice.This bill, the Public Employee Health Protection Act,
would make it an unfair practice for a covered employer, as defined, to fail
or refuse to maintain or pay for continued health care or other medical
coverage for an enrolled employee or their enrolled dependents, for the
duration of the enrolled employee’s participation in the authorized strike,
at the level and under the conditions that coverage would have been provided
if the employee had continued to work in their position for the duration of
the strike. The bill would also make it an unfair practice for a covered
employer to fail to collect and remit the employee’s contributions, if any,
to this coverage, or to maintain any policy purporting to authorize an action
prohibited by this provision or otherwise threaten an employee or their
dependents’ continued access to health or medical care during or as a result
of the employee’s participation in a strike. The bill would require the
restoration of health or other medical care premiums, contributions, or
out-of-pocket expenses actually paid by the employee or their dependents as a
result of the employer’s violation of this provision, or because the employer
failed to ensure continued coverage during a strike, and would require other
equitable adjustments to ensure that the employee and their dependents are
made whole, as specified.This bill contains other related provisions and
other existing laws.
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AB 313
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(Garcia,
Cristina D) Civil service: Limited Examination and
Appointment Program.
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Current Text: Introduced: 1/25/2021 html pdf
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Introduced: 1/25/2021
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Status: 4/19/2021-From committee: Do pass and
re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7.
Noes 0.) (April 15). Re-referred to Com. on APPR.
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Location: 4/15/2021-A. APPR.
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Calendar: 5/5/2021 9 a.m. - State
Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ,
LORENA, Chair
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Summary: Existing law creates the
Department of Human Resources, which succeeds to and is vested with all of
the powers and duties exercised and performed by the Department of Personnel
Administration. Existing law specifically grants the department the powers,
duties, and authority necessary to operate the state civil service system in
accordance with Article VII of the California Constitution, the Government
Code, the merit principle, and applicable rules duly adopted by the State
Personnel Board. Existing law creates the Limited Examination and Appointment
Program (LEAP), which the Department of Human Resources administers, to
provide an alternative to the traditional civil service examination and
appointment process to facilitate the hiring of persons with disabilities.
Existing law will repeal certain provisions of LEAP on January 1, 2022. This
bill would, notwithstanding those provisions, require the department to, upon
request of the appointing power, provide the appointing power a LEAP referral
list without combining that list with a parallel list. The bill would require
the department to establish guidelines for provision of reasonable
accommodation to applicants and employees with disabilities and to adopt a
model reasonable accommodation policy, as specified. This bill contains other
related provisions and other existing laws.
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AB 314
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(Gonzalez,
Lorena D) Collective bargaining: Legislature.
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Current Text: Introduced: 1/25/2021 html pdf
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Introduced: 1/25/2021
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Status: 1/28/2021-Introduced measure version
corrected.
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Location: 1/25/2021-A. PRINT
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Summary: Existing law, the Ralph C.
Dills Act (Dills Act), governs collective bargaining between the state and
recognized state public employee organizations. Existing law excludes certain
employees from coverage under the Dills Act, including, among others,
managerial employees, supervisory employees, and confidential employees, as
defined. Existing law creates the Public Employment Relations Board and
authorizes it, among other things, to determine appropriate state employee
bargaining units, as specified. This bill would enact the Legislature
Employer-Employee Relations Act, to provide employees of the Legislature,
including some supervisory and managerial employees, the right to form, join,
and participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employer-employee relations. The bill would prescribe rights, duties, and
prohibitions in this context that parallel those in the Dills Act. The bill
would prohibit the Public Employment Relations Board from including employees
of the Legislature in a bargaining unit that includes employees other than
those of the Legislature. The bill would make it a misdemeanor for any person
to willfully resist, prevent, impede, or interfere with any member of the
board, or any of its agents, in the performance of duties pursuant to its
provisions. By expanding the definition of a crime, this bill would impose a
state-mandated local program. The bill would provide that the provisions of
the Legislature Employer-Employee Relations Act are severable.This bill
contains other related provisions and other existing laws.
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AB 410
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(Fong R)
Licensed registered nurses and licensed vocational nurses: Nurse
Licensure Compact.
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Current Text: Amended: 3/25/2021 html pdf
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Introduced: 2/3/2021
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Last Amend: 3/25/2021
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Status: 3/26/2021-Re-referred to Com. on B. &
P.
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Location: 2/12/2021-A. B.&P.
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Summary: Existing law, the Nursing
Practice Act, provides for the licensure and regulation of the practice of
nursing by the Board of Registered Nursing. The Vocational Nursing Practice
Act provides for the licensure and regulation of vocational nurses by the Board
of Vocational Nursing and Psychiatric Technicians of the State of California.
The Nursing Practice Act establishes the Board of Registered Nursing Fund and
the Vocational Nursing Practice Act establishes the Vocational Nursing and
Psychiatric Technicians Fund.This bill would enact the Nurse Licensure
Compact, under which the Board of Registered Nursing and the Board of
Vocational Nursing and Psychiatric Technicians would be authorized to issue a
multistate license that would authorize the holder to practice as a
registered nurse or a licensed vocational nurse, as applicable, in all party
states under a multistate licensure privilege, as specified. The bill would
designate the Board of Registered Nursing as the licensing board for
registered nurses for purposes of the compact and would designate the Board
of Vocational Nursing and Psychiatric Technicians as the licensing board for
vocational nurses for purposes of the compact. The bill would require the
boards to participate in a coordinated licensure information system that
would include all of the licensure and disciplinary history of all licensed
registered nurses and licensed vocational nurses. The bill would provide that
the Board of Registered Nursing and the Board of Vocational Nursing and
Psychiatric Technicians shall alternate as the administrator of the compact
for the state and as members of an entity known as the Interstate Commission
of Nurse Licensure Compact Administrators. The bill would authorize the
commission to adopt rules that have the force and effect of law. The bill
would prohibit fees collected by the Board of Registered Nursing or the Board
of Vocational Nursing and Psychiatric Technicians for purposes of granting a
multistate license pursuant to the bill from exceeding the cost of administering
that multistate license under the compact and would require those fees to be
deposited in the Board of Registered Nursing Fund or the Board of Vocational
Nursing and Psychiatric Technicians Fund, as applicable.This bill contains
other related provisions and other existing laws.
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AB 444
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(Committee on Public Employment and Retirement) State and
local employees: pay warrants: designees.
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Current Text: Introduced: 2/8/2021 html pdf
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Introduced: 2/8/2021
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Status: 4/29/2021-Read second time. Ordered to
Consent Calendar.
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Location: 4/28/2021-A. CONSENT
CALENDAR
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Calendar: 5/3/2021 #104
ASSEMBLY CONSENT CALENDAR 1ST DAY-ASSEMBLY BILLS
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Summary: Existing law authorizes a state
employee to designate with their appointing power a person who may receive
the employee’s warrants upon the employee’s death. Existing law requires an
appointing power, upon sufficient proof of identity from an appropriate
designee, to deliver warrants to the person claiming them. Existing law
entitles the designated person who receives warrants to negotiate the
warrants as if they were the payee. This bill would prescribe a process by
which an appointing power would issue a check directly to a designated person
instead of delivering employee warrants to that person, as described above.
Upon sufficient proof of the designee’s identity, the bill would require the
appointing power to endorse and deposit the warrant issued to a deceased
employee back into the Treasury to the credit of the fund or appropriation
upon which it was drawn, as specified, and then issue a revolving fund check
to the designated person in the original amount payable to employee.This bill
contains other related provisions and other existing laws.
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AB 507
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(Kalra D)
Health care service plans: review of rate increases.
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Current Text: Introduced: 2/9/2021 html pdf
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Introduced: 2/9/2021
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Status: 2/10/2021-From printer. May be heard in
committee March 12.
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Location: 2/9/2021-A. PRINT
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Summary: Existing law, the Knox-Keene
Health Care Service Plan Act of 1975, provides for the licensure and
regulation of health care service plans by the Department of Managed Health
Care. Existing law requires a health care service plan in the individual,
small group, or large group markets to file rate information with the
Department of Managed Health Care, as specified. Existing law requires the
information submitted to be made publicly available, except as specified, and
requires the department and the health care service plan to make specified
information, including justification for an unreasonable rate increase,
readily available to the public on their internet websites in plain
language.This bill would make technical, nonsubstantive changes to those
provisions.
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AB 510
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(Wood D)
Out-of-network health care benefits.
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Current Text: Introduced: 2/9/2021 html pdf
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Introduced: 2/9/2021
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Status: 4/20/2021-In committee: Set, first hearing.
Hearing canceled at the request of author.
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Location: 2/18/2021-A. HEALTH
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Summary: Existing law, the Knox-Keene
Health Care Service Plan Act of 1975, provides for the licensure and
regulation of health care service plans by the Department of Managed Health
Care. Existing law provides for the regulation of health insurers by the
Department of Insurance. If an enrollee or insured receives services under a
health care service plan contract or health insurance policy issued, amended,
or renewed on or after July 1, 2017, that includes coverage for
out-of-network benefits, existing law authorizes a noncontracting individual
health professional to bill or collect the out-of-network cost-sharing amount
directly from the enrollee or insured if specified criteria are met,
including that the enrollee or insured consents in writing to receive services
from the noncontracting individual health professional at least 24 hours in
advance of care. Existing law requires the consent to advise the enrollee or
insured that they may seek care from a contracted provider for lower
out-of-pocket costs and to be provided in the language spoken by the enrollee
or insured, as specified.This bill would instead authorize a noncontracting
individual health professional, excluding specified professionals, to bill or
collect the out-of-network cost-sharing amount directly from the enrollee or
insured receiving services under a health care service plan contract or
health insurance policy issued, amended, or renewed on or after January 1,
2022, if the enrollee consents in writing or electronically at least 72 hours
in advance of care. The bill would require the consent to include a list of
contracted providers at the facility who are able to provide the services and
to be provided in the 15 most commonly used languages in the facility’s
geographic region.
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AB 539
|
(Cooley D)
State teachers’ retirement: investment managers and investment
advisers: contracts.
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Current Text: Introduced: 2/10/2021 html pdf
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Introduced: 2/10/2021
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Status: 4/29/2021-Read second time. Ordered to
Consent Calendar.
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Location: 4/28/2021-A. CONSENT
CALENDAR
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Calendar: 5/3/2021 #111
ASSEMBLY CONSENT CALENDAR 1ST DAY-ASSEMBLY BILLS
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Summary: The California Constitution
provides that the civil service includes every officer and employee in the
state except as otherwise provided in the Constitution, and existing
statutory law, the State Civil Service Act, prescribes a comprehensive civil
service personnel system for the state.This bill would additionally authorize
the board to contract with investment advisers, as defined, upon the same
finding by the board and approval by the State Personnel Board. The bill
would, pursuant to a policy adopted by the board, authorize the board to
establish a competitive bidding process and to specify the contract terms and
conditions the board solely deems necessary and prudent to contract with
qualified investment managers and investment advisers. This bill contains
other existing laws.
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AB 551
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(Rodriguez D)
Teachers’ Retirement System: individual retirement plans:
administration.
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Current Text: Introduced: 2/10/2021 html pdf
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Introduced: 2/10/2021
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Status: 4/26/2021-In committee: Set, first hearing.
Hearing canceled at the request of author.
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Location: 4/15/2021-A. APPR.
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Calendar: 5/5/2021 9 a.m. - State
Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ,
LORENA, Chair
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Summary: Existing law authorizes the
State Teachers’ Retirement System to administer an individual retirement plan
described in Section 408A of Title 26 of the United States Code, commonly
referred to as a Roth IRA, for the purpose of accepting a rollover from an
annuity contract or custodial account offered by the system to the extent the
rollover complies with specified federal law. Existing law establishes the
Teachers’ Deferred Compensation Fund, which is continuously appropriated, to
serve as the repository of funds received by the system for various deferred
compensation plans. Existing law specifies where in the fund certain premium
and fee revenues received by the system are to be deposited.This bill would
also authorize the system to administer an individual retirement plan as
described in Section 408 of Title 26 of the United States Code. The bill
would eliminate the requirement that the administration of these plans be for
the purpose of accepting a rollover from an annuity contract or custodial
account offered by the system, as described above. The bill would instead
specify categories of people for whom the system could provide this service,
including certain former eligible employees and their spouses. By providing
for additional funds to be deposited into a continuously appropriated fund,
this bill would make an appropriation. The bill would make a conforming
change regarding where premium and fee revenues received in this regard are
to be deposited.
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AB 761
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(Chen R)
County employees’ retirement: personnel: Orange County.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/16/2021
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Last Amend: 3/18/2021
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Status: 4/26/2021-In Senate. Read first time. To
Com. on RLS. for assignment.
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Location: 4/26/2021-S. RLS.
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Summary: The County Employees Retirement
Law of 1937 (CERL) authorizes counties to establish retirement systems
pursuant to its provisions in order to provide pension benefits to their
employees. CERL authorizes the board of retirement and both the board of
retirement and the board of investment to appoint administrative, technical,
and clerical staff as required to accomplish the necessary work of the board.
Under CERL, these appointments are generally required to be made from
eligible lists created in accordance with the civil service system or merit
system rules of the county. CERL, however, authorizes the retirement boards
of specified counties to appoint assistant administrators and chief
investment officers who, following appointment, are outside county charter,
civil service, and merit system rules, except as specified. CERL provides
that these administrators and officers are employees of the county, as
specified, while serving at the pleasure of the appointing boards, and that
they may be dismissed without cause. Existing law also applies these
provisions to any county if the board of supervisors for that county, by
resolution adopted by majority vote, makes those provisions applicable in the
county.This bill would authorize the board of retirement for Orange County to
appoint an administrator, assistant administrators, a chief investment
officer, subordinate investment officers, senior management employees, legal
counsel, and other specified employees. The bill would provide that the
personnel appointed pursuant to these provisions would not be county
employees subject to county civil service and merit system rules, and instead
would be employees of the retirement system. The bill would provide that the
compensation of personnel appointed pursuant to these provisions is an
expense of administration of the retirement system. The bill would authorize
the board of retirement and board of supervisors to enter into agreements as
necessary and appropriate to carry out these provisions and would make
related, conforming changes.
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AB 845
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(Rodriguez D)
Disability retirement: COVID-19: presumption.
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Current Text: Amended: 3/30/2021 html pdf
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Introduced: 2/17/2021
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Last Amend: 3/30/2021
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Status: 4/28/2021-From committee: Do pass. (Ayes
14. Noes 0.) (April 28).
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Location: 4/15/2021-A. APPR.
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Calendar: 5/3/2021 #82
ASSEMBLY THIRD READING FILE - ASSEMBLY BILLS
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Summary: Existing law, until 2023,
defines “injury” for purposes of workers’ compensation insurance to include
illness or death resulting from the 2019 novel coronavirus disease (COVID-19)
under specified circumstances, and creates a disputable presumption, as specified,
that the injury arose out of the course of employment and is compensable.
This presumption is applicable to specified public safety, firefighter, and
medical occupation, among others, as specified.This bill, until January 1,
2023, would create a presumption, applicable to the retirement systems that
PEPRA regulates and to specified members in those systems, that would be
applied to disability retirements on the basis, in whole or in part, of a
COVID-19-related illness. In this circumstance, the bill would require that
it be presumed the disability arose out of, or in the course of, the member’s
employment. The bill would authorize the presumption to be rebutted by
evidence to the contrary, but unless controverted, the applicable governing
board of a public retirement system would be required to find in accordance
with the presumption. The bill would apply this presumption to members
employed in specified firefighter, public safety officer, and health care job
classifications, or their functional equivalents, and to members in other job
classifications who test positive for COVID-19 during an outbreak of the
disease at their places of employment, as defined.This bill contains other
existing laws.
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AB 1019
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(Holden D)
Public employee retirement systems: prohibited investments: Turkey.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on P.E. & R.
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Location: 3/4/2021-A. P.E. & R.
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Summary: Existing California
Constitution provisions grant the retirement board of a public employee
retirement system plenary authority and fiduciary responsibility for
investment of moneys and administration of the retirement fund and system.
These provisions qualify this grant of powers by reserving to the Legislature
the authority to prohibit investments if it is in the public interest and the
prohibition satisfies standards of fiduciary care and loyalty required of a
retirement board.This bill would, in addition, prohibit state trust moneys
from being used to make additional or new investments or to renew existing
investments in investment vehicles issued or owned by the government of
Turkey, unless the government adopts a policy to acknowledge the Armenian
Genocide and embark on a path of affording justice to its victims. The bill
would define “state trust moneys” to mean funds administered by specified
state employee retirement funds, including the Public Employees’ Retirement
Fund and the Legislators’ Retirement Fund.This bill contains other existing
laws.
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AB 1028
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(Seyarto R)
Telework Flexibility Act.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Coms. on L. & E.
and JUD.
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Location: 3/4/2021-A. L. & E.
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Summary: Existing law, with various
exceptions, generally establishes 8 hours as a day’s work and a 40-hour
workweek and requires the payment of prescribed overtime compensation for
additional hours worked. This bill would permit an individual nonexempt
employee to request an employee-selected remote work flexible work schedule
providing for workdays up to 10 hours per day within a 40-hour workweek and
would allow an employer to implement this schedule without the obligation to
pay overtime compensation for those additional hours in a workday, except as
specified. The authorization would apply only if an employee is working
remotely and not under the physical control of the employer. The bill would
require that the flexible work schedule contain specified information and the
employer’s and the employee’s original signatures. The bill would except
split shift premiums from application to the work of employees who are
working an employee-selected remote work flexible work schedule. The bill
would require the Division of Labor Standards Enforcement in the Department
of Industrial Relations to enforce this provision and adopt regulations. This
bill contains other related provisions and other existing laws.
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AB 1032
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(Cooper D)
State employees: active duty order: pay and benefits.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 3/18/2021
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Status: 4/19/2021-From committee: Do pass and
re-refer to Com. on M. & V.A. (Ayes 7. Noes 0.) (April 15). Re-referred
to Com. on M. & V.A.
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Location: 4/15/2021-A. M. & V.A.
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Summary: Existing law requires 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 or otherwise authorized by law, to receive the difference between
the amount of the state employee’s military pay and the amount they would
have received as a state employee, and all benefits the state employee would
have received had they not served on active duty, as specified, for the
duration of the event for a period not to exceed 180 days.Existing law limits
the events in which a state employee may be ordered to active duty by the
President to specified emergencies under federal law, including an emergency
involving a use or threatened use of a weapon of mass destruction.This bill
would extend the period of pay and benefits for a state employee who is a
member of the California National Guard or a United States military reserve
organization and is ordered to active duty to 365 days, and would authorize
the Governor to extend that period for up to an additional 1,460 days by
executive order. The bill would remove the limitations regarding the specific
events for which the President may order the state employee to active duty,
but would retain the requirement that the order to active duty be pursuant to
a Presidential determination that it is necessary to augment the active
forces for any operational mission or a time of national emergency declared
by the President or otherwise authorized by law.
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AB 1041
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(Wicks D)
Employment: leave.
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Current Text: Amended: 4/22/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 4/22/2021
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Status: 4/29/2021-In committee: Set, first hearing.
Hearing canceled at the request of author.
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Location: 4/26/2021-A. APPR.
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Summary: (1)Existing law, commonly known
as the California Family Rights Act, makes it an unlawful employment practice
for any government employer or employer with 5 or more employees to refuse to
grant a request by any employee with more than 12 months of service with the
employer, and who has at least 1,250 hours of service with the employer
during the previous 12-month period or who meets certain other requirements,
to take up to a total of 12 workweeks in any 12-month period to, among other
things, bond with a new child of the employee or to care for themselves or a
child, parent, grandparent, grandchild, sibling, spouse, or domestic partner,
as specified.This bill would expand the population that an employee can take
leave to care for to include a designated person. The bill would define
“designated person” to mean a person identified by the employee at the time
the employee requests family care and medical leave. The bill would authorize
an employer to limit designation of a person, as prescribed.This bill contains
other related provisions and other existing laws.
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AB 1048
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(Cooper D)
Alameda Health System Hospital Authority: labor negotiations.
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Current Text: Amended: 4/20/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 4/20/2021
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Status: 4/29/2021-VOTE: Do pass. (PASS)
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law establishes an
independent public agency to manage, administer, and control the Alameda
Health System, which is known as the Alameda Health System Hospital
Authority. The hospital authority is governed by a board that is appointed by
the Board of Supervisors of the County of Alameda. Existing law prescribes
the characteristics of employees of the hospital authority who are and are
not authorized to participate in the Alameda County Employees’ Retirement
Association at the time the provisions authorizing the creation of the
hospital authority become effective. Existing law generally prohibits a
person employed by the hospital authority on or before the date these
provisions became effective who was not qualified for membership in the
Alameda County Employees’ Retirement Association at that time from becoming
qualified for membership as a result of subsequent employment with the
hospital authority. This bill would repeal the above-described prohibition on
certain employees of the Alameda Health System Hospital Authority qualifying
for membership in the Alameda County Employees’ Retirement Association. The
bill, during a specified time period, would require that a request to meet
and confer by a recognized union or bargaining agent result in the reopening
of an effective memorandum of understanding for the purpose of negotiating an
agreement regarding the inclusion of certain people within the applicable
bargaining unit in the Alameda County Employees’ Retirement Association. The
bill would authorize a side letter or similar agreement to be negotiated in
lieu of reopening the memorandum of understanding. The bill would prescribe
membership tier requirements for people who are members of the Alameda County
Employees’ Retirement Association and who transfer, reassign, or are hired,
as specified, which would apply if the facility or hospital authority and a
recognized union or bargaining agent agree to include people within an
applicable bargaining unit participating in the Alameda County Employees’
Retirement Association. The bill would delete a provision relating to people
who are not members of the Alameda County Employees’ Retirement Association
in connection with the characteristics of people who may become a member of
the association, subject to a memorandum of understanding, as specified.
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AB 1063
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(Voepel R)
State employment: memoranda of understanding: ancillary agreements.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on P.E. & R.
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Location: 3/4/2021-A. P.E. & R.
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Summary: Existing law prohibits
provisions of the memorandum of understanding between the state employer and
a recognized employee organization that require the expenditure of funds from
becoming effective unless approved by the Legislature in the annual Budget
Act. Existing law requires that any side letter, appendix, or other addendum
to a ratified memorandum of understanding that requires the expenditure of
$250,000 or more related to salary and benefits and that is not already
contained in the original memorandum of understanding or the Budget Act be
provided by the Department of Human Resources to the Joint Legislative Budget
Committee. Existing law requires the Joint Legislative Budget Committee to
determine if that side letter, appendix, or other addendum presents
substantial additions that are not reasonably within the parameters of the
original memorandum of understanding and requires ratification by legislative
action. This bill would remove the requirement that the side letter,
appendix, or other addendum requires the expenditure of $250,000 or more
related to salary and benefits in connection with the provisions described
above.
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AB 1092
|
(Mayes I)
Public employees’ retirement: health benefits.
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Current Text: Amended: 4/26/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 4/26/2021
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|
Status: 4/27/2021-Re-referred to Com. on P.E. &
R.
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law, the Public
Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement
System (PERS), which provides defined benefits to its members based on age at
retirement, service credit, and final compensation. PERL vests the Board of Administration
of PERS with management and control of the system.This bill would preclude a
person who has retired under PERS and who obtains work with a subsequent
employer from receiving any health benefits offered under PEMHCA if the
person’s subsequent employer offers health care coverage that provides
reasonably comparable benefits. The bill would grant the person reinstatement
rights upon termination of employment with the subsequent employer. The bill
would authorize the board to request information regarding employment and
health care coverage offered by a person’s subsequent employer.This bill
contains other related provisions and other existing laws.
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AB 1130
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(Wood D)
California Health Care Quality and Affordability Act.
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Current Text: Amended: 4/13/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 4/13/2021
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Status: 4/28/2021-In committee: Set, first hearing.
Referred to suspense file.
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Location: 4/28/2021-A. APPR.
SUSPENSE FILE
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Summary: Existing law generally requires
the State Department of Public Health to license, inspect, and regulate
health facilities, including hospitals. Existing law requires health
facilities to meet specified cost and disclosure requirements, including
maintaining an understandable written policy regarding discount payments and
charity.This bill would establish, within OSHPD, the Office of Health Care
Affordability to analyze the health care market for cost trends and drivers
of spending, develop data-informed policies for lowering health care costs
for consumers, set and enforce cost targets, and create a state strategy for
controlling the cost of health care and ensuring affordability for consumers
and purchasers. The bill would also establish the Health Care Affordability
Advisory Board, composed of 11 members and 2 ex officio, nonvoting members,
appointed as prescribed, to recommend health care cost targets and to make
recommendations to the Director of Statewide Health Planning and Development
and the office.This bill contains other related provisions and other existing
laws.
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AB 1131
|
(Wood D)
Health information network.
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Current Text: Amended: 3/29/2021 html pdf
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Introduced: 2/18/2021
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|
Last Amend: 3/29/2021
|
|
|
Status: 4/28/2021-In committee: Set, first hearing.
Referred to suspense file.
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Location: 4/28/2021-A. APPR.
SUSPENSE FILE
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Summary: Existing law makes legislative
findings and declarations on health information technology, including that
there is a need to promote secure electronic health data exchange among
specified individuals, such as health care providers and consumers of health
care, and that specified federal law provides unprecedented opportunity for
California to develop a statewide health information technology
infrastructure to improve the state’s health care system. Existing law, the
Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure
and regulation of health care service plans by the Department of Managed
Health Care. Existing law provides for the regulation of health insurers by
the Department of Insurance. Existing law provides for the Medi-Cal program,
which is administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services. The
Medi-Cal program is, in part, governed and funded by federal Medicaid program
provisions. This bill would establish the statewide health information
network (statewide HIN) governing board, an independent public entity not
affiliated with an agency or department with specified membership, to provide
the data infrastructure needed to meet California’s health care access,
equity, affordability, public health, and quality goals, as specified. The
bill would require the governing board to issue a request for proposals to
select an operating entity with specified minimum capabilities to support the
electronic exchange of health information between, and aggregate and
integrate data from multiple sources within, the State of California, among
other responsibilities. The bill would require the statewide HIN to take
specified actions with respect to reporting on, and auditing the security and
finances of, the health information network. The bill would require the
statewide HIN to convene a health technology advisory committee with
specified membership to advise the statewide HIN and set agendas, hold public
meetings with stakeholders, and solicit external input on behalf of the
statewide HINThis bill contains other existing laws.
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AB 1293
|
(Cooley D)
Judges’ Retirement System II: federal law limits: adjustments.
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Current Text: Amended: 4/13/2021 html pdf
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Introduced: 2/19/2021
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Last Amend: 4/13/2021
|
|
|
Status: 4/19/2021-From committee: Do pass and
re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 15). Re-referred to Com.
on APPR.
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Location: 4/19/2021-A. APPR.
|
|
|
Calendar: 5/5/2021 9 a.m. - State
Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ,
LORENA, Chair
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Summary: Existing law establishes the
Judges’ Retirement System II, which the Board of Administration of the Public
Employees’ Retirement System administers. Existing law authorizes a judge who
is a member of the system and retires after meeting specified conditions to
receive pension benefits. This bill would prohibit the amount payable to a
member under the Judges’ Retirement System II, including specified
adjustments, from exceeding the limits established by federal law, and would
incorporate specified provisions of federal law by reference. The bill would
also require the retirement allowance of a member or monetary credits
available to a member to be increased to reflect adjustments contained in
federal law, in accordance with specified limits.This bill contains other
existing laws.
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AB 1301
|
(Gray D)
Labor Code: protections, obligations, and prohibitions: Legislature.
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|
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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|
|
Status: 2/22/2021-Read first time.
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|
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Location: 2/19/2021-A. PRINT
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Summary: Existing law provides specified
protections for employees and specified obligations and prohibitions for
employers in regard to payment of wages, gratuities, working conditions,
bonds and photographs required by employers, contracts and applications for employment,
purchases by employees, employee working hours, agreements regarding joining
or becoming a member of a labor organization or employer organization,
solicitation of employees by misrepresentation, enrollment in drug and
alcohol rehabilitation programs, employee political affiliations, public
works, employee indemnification and contributory negligence, provision of
health benefits, termination, and occupational safety and health. A violation
of several of these provisions by an employer or an agent, manager,
superintendent, or officer of an employer is a misdemeanor or infraction, as
specified.This bill would expressly provide that these provisions apply to
the Legislature and legislative employees, as specified. By expanding the
scope of existing crimes, the bill would impose a state-mandated local
program. The bill would declare the intent of the Legislature that these
changes operate retroactively, except to the extent that retroactive
operation would impose criminal liability for violations of law occurring
before January 1, 2022.This bill contains other related provisions and other
existing laws.
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AB 1354
|
(Grayson D)
Public employees’ retirement.
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|
|
Current Text: Introduced: 2/19/2021 html pdf
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|
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Introduced: 2/19/2021
|
|
|
Status: 2/22/2021-Read first time.
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|
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Location: 2/19/2021-A. PRINT
|
|
|
Summary: Existing law, the California
Public Employees’ Pension Reform Act of 2013, prescribes various limits on
public employee retirement systems and public employers, as specified. The
act generally prohibits a retired person from being employed by a public employer
in the same public retirement system from which the retiree receives pension
benefits without reinstatement from retirement into that system, subject to
certain exceptions. This bill would make nonsubstantive changes to that
provision.
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AB 1460
|
(Bigelow R)
State employment: COVID-19 telework: costs.
|
|
|
Current Text: Introduced: 2/19/2021 html pdf
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|
|
Introduced: 2/19/2021
|
|
|
Status: 4/27/2021-In committee: Set, first hearing.
Hearing canceled at the request of author.
|
|
|
Location: 3/11/2021-A. P.E. & R.
|
|
|
Summary: Existing law authorizes the
Department of Human Resources (CalHR) to expend, in accordance with law,
moneys made available for its use or for the administration of any statute
administered by it. Existing law vests in CalHR the administration of
salaries generally and provides for the payment of miscellaneous compensation
under specified circumstances. Existing law requires CalHR to provide the
extent to which, and establish the method by which, ordered overtime or
overtime in times of critical emergency is compensated, as specified.This
bill would authorize CalHR to provide a one-time payment of an unspecified
amount to employees who have been required to telework as a result of the
COVID-19 pandemic in order to offset costs associated with working remotely.
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AB 1496
|
(Cooper D)
Educational employment relations: Public Employment Relations Board:
investigations: unfair practices.
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|
|
Current Text: Introduced: 2/19/2021 html pdf
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|
|
Introduced: 2/19/2021
|
|
|
Status: 2/22/2021-Read first time.
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Location: 2/19/2021-A. PRINT
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Summary: Existing law gives public school
employees the right to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations. Existing law
establishes the Public Employment Relations Board and gives the board
specified powers relating to employer-employee relations, including
investigating unfair practice charges filed by an employee, employee
organization, or employer. Existing law gives the board exclusive
jurisdiction to make an initial determination whether the charges of unfair
practices are justified, and, if so, what remedy is necessary, as
specified.This bill would make nonsubstantive changes to the latter
provision.
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AB 1528
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(Santiago D)
Wages: final payments.
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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Status: 2/22/2021-Read first time.
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Location: 2/19/2021-A. PRINT
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Summary: Existing law regulates the
terms and conditions of employment and, specifically, the payment of wages.
Existing law generally requires that if an employer discharges an employee,
the wages earned and unpaid at the time of discharge are due and payable
immediately. Existing law authorizes a state employee to provide for certain
amounts, including those associated with unpaid vacation, to be contributed
to specified supplemental retirement plans. Existing law also authorizes a
state employee to defer certain payments until the next calendar year in
certain circumstances. This bill would make nonsubstantive changes to these
provisions.
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SB 93
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(Committee on Budget and Fiscal Review) Employment:
rehiring and retention: displaced workers: COVID-19 pandemic.
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Current Text: Chaptered: 4/16/2021 html pdf
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Introduced: 12/16/2020
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Last Amend: 4/12/2021
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Status: 4/16/2021-Approved by the Governor.
Chaptered by Secretary of State. Chapter 16, Statutes of 2021.
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Location: 4/15/2021-S. CHAPTERED
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Summary: Existing law governs employment
relations, defines the contract of employment, and establishes the
obligations of employers to their employees.This bill would, until December
31, 2024, require an employer, as defined, to offer its laid-off employees
specified information about job positions that become available for which the
laid-off employees are qualified, and to offer positions to those laid-off
employees based on a preference system, in accordance with specified
timelines and procedures. The bill would define the term “laid-off employee”
to mean any employee who was employed by the employer for 6 months or more in
the 12 months preceding January 1, 2020, and whose most recent separation
from active service was due to a reason related to the COVID-19 pandemic,
including a public health directive, government shutdown order, lack of
business, a reduction in force, or other economic, nondisciplinary reason
related to the COVID-19 pandemic. The bill would require an employer to keep
records for 3 years, including records of communications regarding the
offers. The bill would require an employer that declines to recall a laid-off
employee on the grounds of lack of qualifications and instead hires someone
other than a laid-off employee to provide the laid-off employee a written
notice within 30 days including specified reasons for the decision, and other
information on those hired.This bill contains other related provisions.
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SB 112
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(Skinner D)
Budget Act of 2021.
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Current Text: Introduced: 1/8/2021 html pdf
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Introduced: 1/8/2021
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Status: 1/11/2021-From printer. Read first time.
Referred to Com. on B. & F.R.
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Location: 1/11/2021-S. BUDGET &
F.R.
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Summary: This bill would make
appropriations for the support of state government for the 2021–22 fiscal
year.This bill contains other related provisions.
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SB 294
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(Leyva D)
Public retirement: leave of absence: service credit.
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Current Text: Introduced: 2/2/2021 html pdf
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Introduced: 2/2/2021
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Status: 3/23/2021-Read second time. Ordered to
third reading.
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Location: 3/23/2021-S. THIRD READING
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Calendar: 5/3/2021 #34
SENATE SENATE BILLS -THIRD READING FILE
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Summary: The Public Employees’
Retirement Law (PERL) establishes the Public Employees’ Retirement System
(PERS) for the purpose of providing pension benefits to state employees and
employees of contracting agencies. Existing law requires administration of
PERS by the Board of Administration of PERS. Existing law creates the Public Employees’
Retirement Fund, a continuously appropriated fund, as a trust fund to be
expended for purposes related to the system and its administration, and into
which employee contributions are deposited.The Teachers’ Retirement Law
establishes the State Teachers’ Retirement System (STRS) for the purpose of
providing a defined benefit to members of the program. STRS is governed by
the Teachers’ Retirement Board. Existing law creates the Teachers’ Retirement
Fund, which is continuously appropriated for specified purposes, and into
which employee contributions are deposited. PERS and STRS require employees
to make contributions to the system based on their creditable compensation,
as defined. Existing law defines “leave of absence” for purposes of both laws
as a period of leave to which a member is entitled that is expressly
authorized or required pursuant to specified provisions, including
employer-approved compensated leave, subject to specified requirements. Under
existing law, during a leave of absence for an employer-approved compensated
leave, an employee earns full service credit and is required to pay employee
contributions, as specified. Existing law limits the maximum amount of the
service credit earned during an employer-approved compensated leave of absence
to 12 years. This bill would remove the 12-year limitation for service credit
earned on an employer-approved compensated leave. By increasing contributions
into the continuously appropriated Public Employees’ Retirement Fund and
Teachers’ Retirement Fund, the bill would make an appropriation. This bill
contains other existing laws.
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SB 411
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(Cortese D)
Public Employees’ Retirement System: employment without reinstatement.
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Current Text: Amended: 4/13/2021 html pdf
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Introduced: 2/12/2021
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Last Amend: 4/13/2021
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Status: 4/21/2021-Set for hearing May 3.
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Location: 4/19/2021-S. APPR.
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Summary: Existing law, the Public
Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement
System (PERS), which provides pension and disability benefits to its members
and prescribes their rights and duties. Existing law, the Public Employees’
Pension Reform Act of 2013 (PEPRA), prescribed various limitations on public
employees, employers, and retirement systems concerning, among other things,
work after retirement. PERL generally prohibits retired PERS members from
working for an agency participating in the system without reinstatement in
the system, unless that employment is otherwise specifically authorized.
PEPRA also prohibits retirees from serving or being employed directly, or
through a contract, with a public employer, as defined, in the same
retirement system from which they receive their benefits, except as expressly
permitted. Both PERL and PEPRA generally prescribe limits on the manner and
duration that retired members may be employed without reinstatement. PERL
requires a person who is employed in violation of its reinstatement
requirements to be reinstated in the member category previously held and on
the date on which the unlawful employment occurred. In these circumstances,
PERL requires that a retired member reimburse the system for the person’s
allowance received during the periods of the unlawful employment, to pay to
the system employee contributions that otherwise should have been paid, and
to contribute for associated administrative expenses, as specified. PERL
requires employers in these circumstances to pay to the system the employer
contributions that otherwise should have been paid and to contribute for
associated administrative expenses, as specified.This bill would eliminate
the above-described requirement that a person employed without reinstatement
in a manner other than authorized by PERL be reinstated, instead providing
that reinstatement is permissive. The bill would limit the circumstances
pursuant to which retired members and employers are obligated to pay employee
and employer contributions, which would have otherwise been paid, plus
interest, to apply only to specified reinstatements. The bill would make conforming
changes and make specific reference to the duties of employees and employers
regarding reinstatement after retirement in violation of PEPRA.
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SB 422
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(Pan D)
Personal services contracts: state employees: physician and
professional registry.
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Current Text: Introduced: 2/12/2021 html pdf
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Introduced: 2/12/2021
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Status: 4/21/2021-Set for hearing May 3.
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Location: 4/19/2021-S. APPR.
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Calendar: 5/3/2021 10 a.m. - John
L. Burton Hearing Room (4203)
SENATE APPROPRIATIONS, PORTANTINO, Chair
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Summary: Existing law, the State Civil
Service Act, regulates employment with the state and vests in the Department
of Human Resources all powers, duties, and authority necessary to operate the
state civil service system. Existing law permits the use of personal services
contracts for purposes of cost savings when specified conditions are met,
including when the potential economic advantage of contracting is not
outweighed by the public’s interest in having a particular function performed
directly by the state government.This bill would require the Department of
Human Resources to establish, by March 1, 2022, a physician and professional
registry composed of prescribed members of state bargaining units who are
employed by the state. The bill would require the Department of Corrections
and Rehabilitation and the State Department of State Hospitals to participate
in the registry and to designate a coordinator for the registry. The bill would
require an employee in the applicable bargaining units who elects to join the
registry to notify the coordinator of their interest and provide the
coordinator with their availability for work on a monthly basis. The bill
would establish eligibility and compensation for registry work. The bill
would require each state department employing physicians or professionals
from the registry, by January 1, 2026, to conduct a study of the
effectiveness of the registry to determine if the registry compensation rates
were successful in addressing the operational needs for flexible services at
a lower cost than contract registries. The bill would also require each such
department to conduct and post on its internet website a semiannual survey of
managers and employees to determine the efficacy of the registry. The bill
would repeal these provisions on January 1, 2027.
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SB 457
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(Portantino D)
Public employee retirement systems: investment portfolios: divestment
from Turkey.
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Current Text: Introduced: 2/16/2021 html pdf
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Introduced: 2/16/2021
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Status: 4/21/2021-Set for hearing May 3.
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Location: 4/19/2021-S. APPR.
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Calendar: 5/3/2021 10 a.m. - John
L. Burton Hearing Room (4203)
SENATE APPROPRIATIONS, PORTANTINO, Chair
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Summary: The California Constitution
grants the retirement board of a public employee retirement system plenary
authority and fiduciary responsibility for investment of moneys and administration
of the retirement fund and system. The California Constitution qualifies this
grant of powers by reserving to the Legislature the authority to prohibit
investments if it is in the public interest and the prohibition satisfies
standards of fiduciary care and loyalty required of a retirement board.
Existing law prescribes specified duties for the boards of administration of
the Public Employees’ Retirement System and the State Teachers’ Retirement
System in connection with investment in specified countries and, under
certain conditions, limits the authority of the boards to invest in those
countries.This bill would require the boards of administration of the Public
Employees’ Retirement System and the State Teachers’ Retirement System to
provide employers that are school districts and cities that participate in
the systems an option to elect an investment portfolio that does not contain
investment vehicles that are issued or owned by the government of the
Republic of Turkey.
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