California Assembly Bill AB1212 Introduced / Bill

 BILL NUMBER: AB 1212INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mansoor FEBRUARY 18, 2011 An act to amend Section 31485.9 of the Government Code, relating to county employees' retirement. LEGISLATIVE COUNSEL'S DIGEST AB 1212, as introduced, Mansoor. County employees' retirement. Under existing law, counties and districts, as defined, may provide retirement benefits to their employees pursuant to the County Employees Retirement Law of 1937. Existing law prohibits any resolution, ordinance, contract, or contract amendment under that law adopted on or after January 1, 2004, from providing different retirement benefits for any subgroup of general members within a membership classification, including, but not limited to, bargaining units or unrepresented groups, unless benefits provided by statute for members hired on or after the date specified in the resolution are adopted by the county or district governing board, by resolution adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act. Existing law prohibits any retirement contract amendment from being imposed by the employer in absence of a memorandum of understanding made under the Meyers-Milias-Brown Act. This bill would additionally allow those benefits to be specified in an ordinance, contract, or contract amendment adopted by the county or district governing board. The bill would also prohibit the employer from imposing a retirement resolution, ordinance, or contract in the absence of a memorandum of understanding prepared pursuant to the Meyers-Milias-Brown Act. The bill would also make related technical, nonsubstantive 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 31485.9 of the Government Code is amended to read: 31485.9. (a) Notwithstanding any other provision of law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide any retirement benefits for some, but not all, general members of a county or district. (b)  (1)    No resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide different retirement benefits for any subgroup of general members within a membership classification, including, but not limited to, bargaining units or unrepresented groups, unless benefits provided by statute for members hired on or after the date specified in the resolution are adopted by the county or district governing board, by resolution  , ordinance, contract, or contract amendment  adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 2).  All   (2)     All  nonrepresented employees within similar job classifications as employees in a bargaining unit subject to a memorandum of understanding, or supervisors and managers thereof, shall be subject to the same formula for the calculation of retirement benefits applicable to the employees in the bargaining unit.  No   (3)     A  retirement  ordinance, contract, or  contract amendment  may   shall not  be imposed by the employer in absence of a memorandum of understanding  under   prepared pursuant to  the Meyers-Milias-Brown Act. (c) This section does not preclude changing  membership classification  from one membership classification to another membership classification. (d) This section shall not apply to retirement benefits for a member described in paragraph (2) of subdivision (d) of Section 31676.15.