California Assembly Bill AB1874 Latest Draft

 BILL NUMBER: AB 1874AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 30, 2012 INTRODUCED BY Assembly Member Mansoor FEBRUARY 22, 2012 An act to amend Sections 9355.4, 9355.41, 9355.45,  20320,  and 20322 of, and to add Sections  20027.2 and 20286   20027.2, 20286, and 20302  to, the Government Code, relating to  the Legislators' Retirement System   public employees' retirement  . LEGISLATIVE COUNSEL'S DIGEST AB 1874, as amended, Mansoor.  Legislators' Retirement System.   Public employees' retirement: constitutional officers.  The Legislators' Retirement Law (LRL) provides pension benefits based in part upon credited service. The LRL also authorizes the Insurance Commissioner and every legislative statutory officer and every elective officer of the state whose office is provided for by the California Constitution, except judges, to become a member of the Legislators' Retirement System (LRS). This bill would prohibit anyone who first becomes, on or after January 1, 2013, the Insurance Commissioner, a legislative statutory officer, or an elective officer of the state whose office is provided for by the California Constitution from becoming a member of the LRS.   Existing law  creates the Public Employees' Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. Existing law  provides optional membership in the Public Employees' Retirement System  (PERS)  to elective officers, as defined, as well as to specified appointed persons exempt from civil service by the California Constitution. This bill would  instead make membership in PERS compulsory for   prohibit a person who first becomes, on or after January 1, 2013, the Governor, Lieutenant Governor, Insurance Commissioner, Secretary of State, Controller, Treasurer, Superintendent of Public Instruction, Attorney General, or any   member of the Board of Equalization from becoming a member of PERS. The bill would also permit  any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature on or after January 1, 2013  , to opt to become a member of PERS  .  The bill would also prohibit those specified appointed persons who are first appointed on or after January 1, 2013, from becoming members of PERS.  The bill would also make related technical changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9355.4 of the Government Code is amended to read: 9355.4. (a) Every elective officer of the state whose office is provided for by the California Constitution, except judges, may become a member of this system. Except for judges, every elective officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Except for judges, every elective officer elected after the effective date of this section may file an election within 90 days after the commencement of the first term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to any person who first becomes an elective officer of the state on or after January 1, 2013. SEC. 2. Section 9355.41 of the Government Code is amended to read: 9355.41. (a) The Insurance Commissioner may become a member of this system as provided in this section. An Insurance Commissioner who is elected after January 1, 1994, may file an election within 90 days after the commencement of the term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to any person who first becomes the Insurance Commissioner on or after January 1, 2013. SEC. 3. Section 9355.45 of the Government Code is amended to read: 9355.45. (a) Every legislative statutory officer may become a member of this system. Every such officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Every such officer, elected after the effective date of this section, may file an election within 90 days after the commencement of the first term of office for which he or she is elected after attaining status as a legislative statutory officer. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to any person who first becomes a legislative statutory officer on or after January 1, 2013. SEC. 4. Section 20027.2 is added to the Government Code, to read: 20027.2. "Elective officer" includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. SEC. 5. Section 20286 is added to the Government Code, to read: 20286. (a) An elective officer  who is  first elected on or after January 1, 2013,  shall be   may opt to become  a member of the system. (b) For the purposes of this section, "elective officer"  includes   means  any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature.  SEC. 6.   Section 20302 is added to the   Government Code   , to read:   20302. Notwithstanding any other law, on or after January 1, 2013, a person who first becomes the Governor, Lieutenant Governor, Insurance Commissioner, Secretary of State, Controller, Treasurer, Superintendent of Public Instruction, Attorney General, or any member of the Board of Equalization shall not become a member of the system by virtue of that service and shall not acquire any retirement right or benefit for serving in that office.   SEC. 6.   Section 20320 of the Government Code is amended to read: 20320. (a) (1) A person directly appointed by the Governor, without the nomination of any officer or board, or directly appointed by the Attorney General, Lieutenant Governor, Controller, Secretary of State, Treasurer, or Superintendent of Public Instruction exempt from civil service under Article VII of the California Constitution, except those appointed pursuant to subdivision (i) of Section 4 thereof, is excluded from membership in this system unless he or she files with the board an election in writing to become a member. (2) Upon electing to become a member, the person may further elect at any time prior to retirement to receive service credit for his or her prior, excluded state service by making the contributions as specified in Sections 21050 and 21051. (b) A person who is, on or after January 1, 2013, directly appointed by the Governor, without the nomination of any officer or board, or directly appointed by the Attorney General, Lieutenant Governor, Controller, Secretary of State, Treasurer, or Superintendent of Public Instruction and who is exempt from civil service under Article VII of the California Constitution, except those appointed pursuant to subdivision (i) of Section 4 thereof, is excluded from membership in this system.  SEC. 7. Section 20322 of the Government Code is amended to read: 20322. (a) An elective officer is excluded from membership in this system unless the officer files with the board an election in writing to become a member. Upon electing to become a member, the officer may further elect at any time prior to retirement to receive service credit for his or her prior, excluded service by making the contributions as specified in Sections 21050 and 21051. (b) As used in this section, "elective officer" includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature before January 1, 2013, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. (c) Notwithstanding any other provision of subdivision (a) or (b), elected or appointed officers of a county superintendent of schools, school district, or community college district, or of a contracting agency, who serve on public commissions, boards, councils, or similar legislative or administrative bodies are excluded from membership in this system. This exclusion shall only apply to those elected or appointed officers, other than city or county officers, who are first elected or appointed to an office on or after July 1, 1994, or who are elected or appointed to a term of office not consecutive with the term of office held on June 30, 1994. For city or county elected or appointed officers, this exclusion shall only apply to those officers who are first elected or appointed to an office on or after January 1, 1997, or who are elected or appointed to a term of office not consecutive with the term of office held on December 31, 1996. This exclusion shall not apply to persons elected to a city council or county board of supervisors. (d) Any person holding the office of city attorney or the office of assistant city attorney, whether employed, appointed, or elected, is excluded from the definition of "elective officer" as defined in subdivision (b). This subdivision shall apply only to persons first employed, elected, or appointed on or after July 1, 1994, or following any break in state service while serving in the office if the office was held on June 30, 1994. (e) In accordance with Section 20125, the board shall be the sole judge of which elected or appointed positions qualify the incumbent as an "elective officer" in this system under this section. (f) Notwithstanding any other provision of law, with respect to elective officers of contracting agencies, payment by a contracting agency of employer contributions and any other amounts for employer paid benefits under this system shall not be construed as receipt of salary or compensation by the elective officer for purposes of any statutory salary or compensation limitation. (g) An elective officer first elected on or after January 1, 2013, shall be a member of the system as provided in Section 20286.