California Assembly Bill AB2149 Introduced / Bill

 BILL NUMBER: AB 2149INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Furutani FEBRUARY 18, 2010 An act to amend Sections 31470.4, 31470.5, 31470.6, 31720.5, 31801, 31887, 31904, 32204, 32204.5, 32206, 32207, 32208, 32234, 32235, 32300, 32327, 32328, 32337, 32338, 32339, 32350, 32352, and 33003 of the Government Code, relating to county retirement. LEGISLATIVE COUNSEL'S DIGEST AB 2149, as introduced, Furutani. County retirement. The County Employees Retirement Law of 1937, County Peace Officers' Retirement Law, County Fire Service Retirement Law, and County Peace Officer and Fire Service Retirement Plan Law set forth a comprehensive system of retirement benefits for specified firemen. This bill would replace the term "firemen" with "firefighters" and make other related technical changes. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 31470.4 of the Government Code is amended to read: 31470.4. All county foresters, county firewardens, deputies or assistant county foresters, deputies or assistant county firewardens, firefighters, fire apparatus engineers, fire prevention inspectors, forest  firemen   firefighters  , fire patrolmen, aircraft pilots, and foremen assigned to fire suppression crews, all other personnel assigned to active fire suppression in any county forester's or county firewarden's department and all officers, engineers, and  firemen   firefighters  of any county fire protection district, and all other personnel assigned to active fire suppression in any county fire protection district are eligible. SEC. 2. Section 31470.5 of the Government Code is amended to read: 31470.5. Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call  firemen   firefighters  , and firefighters whose principal duties clearly do not fall within the scope of active fire suppression, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active fire suppression, and volunteer employees, honorary deputy county foresters, honorary deputy county firewardens, and voluntary firewardens holding appointments as such who receive no compensation therefor and who do not regularly perform official duties, are ineligible. SEC. 3. Section 31470.6 of the Government Code is amended to read: 31470.6. (a) A permanent employee of a county having a population in excess of 500,000 whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled in water areas at beaches and lakes, streams, dams, reservoirs, or other bodies of open water (not including swimming pools) or in small craft or airplanes at sea near the shoreline and the recovery from water areas of submerged objects and bodies of persons drowned or believed to have drowned in those areas, or the immediate supervision thereof, including persons employed to perform the duties now performed under the titles of director of beaches, assistant director of beaches, deputy director of beaches, chief lifeguard, assistant chief lifeguard, captain lifeguards, lieutenant rescue boat, lieutenant lifeguards, beach lifeguard, but who performs additional duties, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) which in other areas are customarily performed by  firemen   firefighters  , and other and further duties (such as the rescue of persons from disabled aircraft and small boats in inshore or inland waters and the removal of dangerous obstructions from waters) which do not come directly within any of the aforesaid classifications but are essential to the safety and security of the public, excluding those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active lifeguarding or lifesaving service, even though a person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active lifeguarding or lifesaving service, shall be considered and is hereby classified as an employee whose principal duties consist in "active law enforcement." Persons employed to perform the duties of director of beaches, assistant director of beaches, or deputy director of beaches shall not be within the classification of "active law enforcement" employee, unless those persons have previously been included within that classification, or have performed duties which would have qualified such person as an "active law enforcement" employee under this section. (b) In a county with a population in excess of four million, the provisions of subdivision (a) shall also apply to persons employed under the titles and to perform the duties of division chief-public safety, assistant division chief-public safety, or district manager-public safety. SEC. 4. Section 31720.5 of the Government Code is amended to read: 31720.5. If a safety member, a  fireman   firefighter  member, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200) or both or under this retirement system or under the State Employees' Retirement System or under a retirement system established under this chapter in another county, and develops heart trouble, such heart trouble so developing or manifesting itself in such cases shall be presumed to arise out of and in the course of employment. Such heart trouble so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. As used in this section,  "fireman   "   firefighter  member" includes a member engaged in active fire suppression who is not classified as a safety member. As used in this section, "member in active law enforcement" includes a member engaged in active law enforcement who is not classified as a safety member. SEC. 5. Section 31801 of the Government Code is amended to read: 31801. It is the intent of the Legislature that the enactment of this article shall authorize persons in positions covered by a retirement system pursuant to this chapter to participate in the federal old age and survivors insurance provisions of the Social Security Act without jeopardizing the continued maintenance of their local system. To this end and notwithstanding any other provisions of this chapter, the provisions of this article, when made applicable by resolution of the governing board, shall supersede or modify any inconsistent provision in this chapter in its application to every member whose position is included in an agreement between the state and federal government for coverage under the old age and survivors insurance provisions of the Social Security Act. The provisions of this chapter are not repealed by this article, however, and except as superseded or modified by this article in their application to members who are covered by old age and survivors insurance, they shall continue to be fully effective and operative. Nothing in this article shall authorize the extension of the federal system to service in any policeman's or  fireman's   firefighter'   s  position covered by a separate retirement system unless all of the policemen or  firemen   firefighters  are included as a unit without any division of their separate retirement system. When federal benefits are to be extended to any  fireman's   firefighter'   s  or policeman's position pursuant to this part they shall vote separately from other members of such system in all cases without regard to their classification as miscellaneous members or otherwise, and notwithstanding Section 22009.1, such system shall constitute a separate retirement system with respect to the positions of policemen or  firemen   firefighters  , or both, covered by the system. SEC. 6. Section 31887 of the Government Code is amended to read: 31887.  "Fireman,"   "Firefighter,"  as used in this article, means any employee in a position designated as a  fireman's   firefighter'   s  position by the board; provided, such designation is not contrary to any definition, ruling or regulation relating to the term "fireman" issued by the federal agency for the purposes of Section 218(d)(5)(A) of the Social Security Act. SEC. 7. Section 31904 of the Government Code is amended to read: 31904. "County peace officers" includes: (a) All sheriffs, undersheriffs, chief deputy sheriffs, jailers, turnkeys, deputy sheriffs, bailiffs, process servers, constables, deputy constables, motorcycle officers, its heads and assistant heads of all divisions of the sheriff's office, and all their regularly appointed deputies. Clerks, bookkeepers, stenographers, and other employees who may have been appointed as deputy sheriffs but who do not perform the duties of any of the peace officers enumerated and honorary deputy sheriffs or other persons holding appointments as deputy sheriffs who receive no compensation therefor and who do not regularly perform particular official duties are not included. (b) All county foresters, county fire wardens, deputy or assistant county foresters, deputy or assistant county fire wardens, heads and assistant heads of all divisions of any county forester's or county fire warden's department, and all fire apparatus engineers, fire prevention inspectors, forest  firemen   firefighters  , fire patrolmen, fire observers and foremen assigned to fire suppression crews, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county forester's or county fire warden's department, and the officers, engineers, and  firemen   firefighters  of any county fire protection district, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county fire protection district. Clerks, bookkeepers, stenographers, cooks, laborers, county fire protection district volunteer employees or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county fire warden or honorary deputy county forester, or voluntary fire warden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. SEC. 8. Section 32204 of the Government Code is amended to read: 32204. "County foresters, firewardens and  firemen"   firefighters"  include all county foresters, county firewardens, deputy or assistant county foresters, deputy or assistant county firewardens, fire apparatus engineers, fire prevention inspectors, forest  firemen   firefighters  , fire patrolmen, and foremen assigned to fire suppression crews, and all other personnel not specifically excluded who are assigned to active fire suppression in any county forester's or county firewarden's department and all officers, engineers, and  firemen  firefighters  of any county fire protection district, and all other personnel not specifically excluded who are assigned to active fire suppression in any county fire protection district. Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call  firemen   firefighters  , and volunteer employees, or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county firewarden or honorary deputy county forester, or voluntary firewarden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. In cases of doubtful eligibility, the Board of Retirement shall be the deciding authority. SEC. 9. Section 32204.5 of the Government Code is amended to read: 32204.5. Any person who enters service as a "county forester, firewarden, or  fireman"   firefighter"  and has reached  his fortieth birthday   40 years of age  , shall be ineligible to become a member under this chapter, except any person who is a member at the time of the adoption of this amendment will retain his  or her  membership. SEC. 10. Section 32206 of the Government Code is amended to read: 32206. "Board" and "board of retirement" mean the County Foresters, Firewardens, and County Fire Protection District  Firemen's   Firefighter'   s  Retirement Board. SEC. 11. Section 32207 of the Government Code is amended to read: 32207. "Fund" means the County Foresters, Firewardens, and  Firemen's   Firefighter'   s  Retirement Fund. SEC. 12. Section 32208 of the Government Code is amended to read: 32208. "System" means the retirement system provided for in this chapter or its predecessor. The retirement system for county foresters, fire wardens, and county fire protection district  firemen   firefighter   s  created by Chapter 174 of the Statutes of 1939, as amended, is continued in existence under this chapter. SEC. 13. Section 32234 of the Government Code is amended to read: 32234. Except as provided in this article, all county foresters, firewardens, and  firemen   firefighters  shall be included in and be subject to this chapter on the first day of the calendar month following the expiration of 30 days after it becomes operative in any county or on the first day of the calendar month following the expiration of 30 days after their entrance into the service, whichever is later. SEC. 14. Section 32235 of the Government Code is amended to read: 32235. Any county forester, firewarden, or  fireman   firefighter  may elect to be excluded from this chapter at any time within 30 days after it becomes operative in any county. Any employee who elects to be excluded shall not thereafter be included in or participate in this system. SEC. 15. Section 32300 of the Government Code is amended to read: 32300. For the purpose of providing and maintaining a fund to meet the payments of demands drawn for the payment of pensions and the expenses of the board, a trust fund account to be known as "county foresters, firewardens, and  firemen's   firefighter'   s  retirement fund" shall be opened upon the books of the auditor and treasurer of any county adopting a system under this chapter. The contributions of the members and the sums made available by the board of supervisors for the purpose shall be credited to the fund. SEC. 16. Section 32327 of the Government Code is amended to read: 32327. Any person electing to come within this chapter who elects to secure credit for prior service as a forester, firewarden, or  fireman   firefighter  under this chapter, if  he   that person  has  to his  credit in any other pension system a sum exceeding that necessary to  entitle him   be entitled  to credit for  such   that  prior service shall have refunded to him  or her  only the amount by which his  or her  credit in the other pension system exceeds that necessary to  entitle him   be entitled  to credit claimed for prior service. The amount necessary for  such   that  credit shall be determined on a 2 percent basis applied to the aggregate salary or wages paid during the period of prior service claimed. SEC. 17. Section 32328 of the Government Code is amended to read: 32328. Any person electing to secure credit for prior service as a forester, firewarden, or  fireman   firefighter  under this chapter who has  to his  credit in any other pension system a sum less than that necessary to  entitle him   be entitled  to credit for  such   that  prior service, shall deposit in the retirement fund a sum equal to the amount necessary to  entitle him   be entitled  to the credit claimed for prior service, and the amount  he   that person  has to his  or her  credit in the other pension system shall be transferred from  such   that  other system to the retirement fund of this system, to his  or her  credit. The amount necessary for  such   that  credit shall be determined on a 2 percent basis applied to the aggregate salary or wages paid during the period of prior service claimed. SEC. 18. Section 32337 of the Government Code is amended to read: 32337. Any member who enters the  armed forces   Armed Forces  of the United States during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active service as a forester, firewarden, or  fireman   firefighter  within 90 days after the termination of military service during the war or emergency is deemed to have been in continuous service as a forester, firewarden, or  fireman   firefighter  during the time  he   that person  was in the  armed forces   Armed Forces  of the United States if, during the period of  his   an  absence from active duty or within one year after  his   that person' s  return from military service and such further time not exceeding an additional two years as the board determines,  he   that person  pays into the fund an amount equal to the contributions which he  or she  would have made had he remained on active duty. SEC. 19. Section 32338 of the Government Code is amended to read: 32338. If any member is compelled to be absent from  his  employment because temporarily incapacitated for the performance of duty as the result of injury or disease occurring in and arising out of  his  employment, because of which  he   the member  becomes entitled to  workmen's   workers'  compensation, within 90 days after  his   a  return to active employment, or within 90 days after the effective date of this section, whichever first occurs, or within such further time as may be granted by the board,  he   the member  may pay into the fund an amount equal to that which would have been deducted had  he   the member  remained in active employment. Upon the making of  such   the  payment,  such   the  time, whether before or after the effective date of this section, shall be considered as time served as a county forester, firewarden, or  fireman   firefighter  . SEC. 20. Section 32339 of the Government Code is amended to read: 32339. Notwithstanding the provisions of this article, the board of supervisors and the board of supervisors as a governing body of the fire protection districts, may elect to contribute for each member of this system who has entered the  armed forces   Armed Forces  of the United States after June 1, 1940, during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active duty as a county forester, fire warden  ,  or county fire protection district  fireman   firefighter  within  ninety   90  days after the termination of  such  military service, in addition to the contributions required by Sections 32330 and 32331, an amount equal to twice the amount  such   the  member would have contributed had  he   the member  remained in service as a county forester, fire warden, or county fire protection district  fireman   firefighter  and received the full salary of the position or positions which he  or she  held during the time of  such   his or her  military service. SEC. 21. Section 32350 of the Government Code is amended to read: 32350. Whenever this chapter becomes operative in any county, the board shall order that any person who has been duly appointed, selected, or elected and qualified and has served as a forester, firewarden, or  fireman   firefighter  for 20 years or more in the aggregate for which contributions provided for in this chapter have been made, and who has reached age 60, or who thereafter completes such service and attains age 60, shall be retired as of the first day of the succeeding calendar month. SEC. 22. Section 32352 of the Government Code is amended to read: 32352. Any member shall be retired for disability regardless of age or amount of service, if incapacitated for the performance of duty as the result of an injury or disease occurring in and arising out of the course of  his  employment. Any member otherwise incapacitated for the performance of duty shall be retired regardless of age, but only after 10 years of service. Incapacity for performance of duty shall be determined by the board. As used in this section, "service" means only service for which contribution provided for in this chapter has been made as a county forester, firewarden, or  fireman   firefighter  . SEC. 23. Section 33003 of the Government Code is amended to read: 33003. For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated by the context: "County peace officers" shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of undersheriff, chief deputy sheriff, jailers, turnkeys, deputy sheriffs, bailiffs, process servers, constables, deputy constables, motorcycle officers, the head and assistant heads of all divisions of the sheriff's office, and all their regularly appointed deputies, detectives and investigators in the office of the district attorney whose duties are substantially similar to those of peace officers and marshals and deputy marshals. Clerks, bookkeepers, stenographers, and other employees who may have been appointed as deputy sheriffs or deputy marshals but who do not perform the duties of any of the peace officers enumerated and honorary deputy sheriffs or deputy marshals or other persons holding appointments as deputy sheriffs or deputy marshals who receive no compensation therefor and who do not regularly perform particular official duties are not included. The duly elected, qualified and acting sheriff of any county shall also be included in the phrase "county peace officers." "County foresters, fire wardens and  firemen"   firefighters"  shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of county forester, deputy or assistant county fire wardens, heads and assistant heads of all divisions of any county forester's or county fire warden's department, and all fire apparatus engineers, fire prevention inspectors, forest  firemen   firefighters  , fire patrolmen, fire observers and foremen assigned to fire suppression crews, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county forester's or county fire warden's department and the officers, engineers and  firemen   firefighters  of any county fire protection district, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any fire protection district. Clerks, bookkeepers, stenographers, cooks, laborers, county fire protection district volunteer employees or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county fire warden or honorary deputy, county forester, or voluntary fire warden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. "City police officers" shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer in the organized police department of a municipal corporation. "City  firemen"   firefighters"  shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of a regular  fireman   firefighter  in the organized fire department of a municipal corporation.