California Assembly Bill AB1212 Amended / Bill

 BILL NUMBER: AB 1212AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2011 INTRODUCED BY Assembly Member Mansoor FEBRUARY 18, 2011 An act to  amend Section 31485.9 of   add Section 31485.95 to  the Government Code, relating to county employees' retirement. LEGISLATIVE COUNSEL'S DIGEST AB 1212, as amended, 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   , in the South Coast Air Quality Management District,  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  , in the South Coast Air Quality Management District,  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 31485.95 is added to the   Government Code  ,  immediately following Section 31485.9  , to read:   31485.95. (a) Notwithstanding any other 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 the 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 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). (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. (3) A retirement ordinance, contract, or contract amendment shall not be imposed by the employer in the absence of a memorandum of understanding prepared pursuant to the Meyers-Milias-Brown Act. (c) This section does not preclude changing membership classification from one 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. (e) This section shall apply only to the South Coast Air Quality Management District.   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). (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. (3) A retirement ordinance, contract, or contract amendment shall not be imposed by the employer in absence of a memorandum of understanding prepared pursuant to the Meyers-Milias-Brown Act. (c) This section does not preclude changing 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.