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1 | + | Amended IN Senate May 24, 2018 Amended IN Senate March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1166Introduced by Senator PanFebruary 14, 2018 An act to add Section 20831.3 to the Government Code, relating to public employees retirement. LEGISLATIVE COUNSEL'S DIGESTSB 1166, as amended, Pan. Public Employees Retirement System: contracting agency: contributions.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, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid.This bill would require a contracting agency that fails to make its required employer contributions on time to notify members and retired members who are current or past employees of that agency, or their beneficiaries, of the agencys delinquency by mail within 30 days of the payment having become delinquent. The bill would require the board to provide contact information in a specified format to contracting agencies for the purpose of providing notice to members and retired members who are current or past employees of that agency, or to their beneficiaries, and would prescribe a process in this regard. The bill would immunize contracting agencies for failure to provide notice if the contact information is incomplete or incorrect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 20831.3 is added to the Government Code, to read:20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
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3 | + | Amended IN Senate May 24, 2018 Amended IN Senate March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1166Introduced by Senator PanFebruary 14, 2018 An act to add Section 20831.3 to the Government Code, relating to public employees retirement. LEGISLATIVE COUNSEL'S DIGESTSB 1166, as amended, Pan. Public Employees Retirement System: contracting agency: contributions.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, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid.This bill would require a contracting agency that fails to make its required employer contributions on time to notify members and retired members who are current or past employees of that agency, or their beneficiaries, of the agencys delinquency by mail within 30 days of the payment having become delinquent. The bill would require the board to provide contact information in a specified format to contracting agencies for the purpose of providing notice to members and retired members who are current or past employees of that agency, or to their beneficiaries, and would prescribe a process in this regard. The bill would immunize contracting agencies for failure to provide notice if the contact information is incomplete or incorrect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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5 | + | Amended IN Senate May 24, 2018 Amended IN Senate March 22, 2018 | |
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7 | - | Amended IN Assembly June 18, 2018 | |
8 | 7 | Amended IN Senate May 24, 2018 | |
9 | 8 | Amended IN Senate March 22, 2018 | |
10 | 9 | ||
11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
12 | 11 | ||
13 | 12 | Senate Bill No. 1166 | |
14 | 13 | ||
15 | 14 | Introduced by Senator PanFebruary 14, 2018 | |
16 | 15 | ||
17 | 16 | Introduced by Senator Pan | |
18 | 17 | February 14, 2018 | |
19 | 18 | ||
20 | 19 | An act to add Section 20831.3 to the Government Code, relating to public employees retirement. | |
21 | 20 | ||
22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
23 | 22 | ||
24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
25 | 24 | ||
26 | 25 | SB 1166, as amended, Pan. Public Employees Retirement System: contracting agency: contributions. | |
27 | 26 | ||
28 | - | 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, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid.This bill would require a contracting agency that fails to make its required employer contributions on time | |
27 | + | 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, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid.This bill would require a contracting agency that fails to make its required employer contributions on time to notify members and retired members who are current or past employees of that agency, or their beneficiaries, of the agencys delinquency by mail within 30 days of the payment having become delinquent. The bill would require the board to provide contact information in a specified format to contracting agencies for the purpose of providing notice to members and retired members who are current or past employees of that agency, or to their beneficiaries, and would prescribe a process in this regard. The bill would immunize contracting agencies for failure to provide notice if the contact information is incomplete or incorrect. | |
29 | 28 | ||
30 | 29 | 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, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid. | |
31 | 30 | ||
32 | - | This bill would require a contracting agency that fails to make its required employer contributions on time | |
31 | + | This bill would require a contracting agency that fails to make its required employer contributions on time to notify members and retired members who are current or past employees of that agency, or their beneficiaries, of the agencys delinquency by mail within 30 days of the payment having become delinquent. The bill would require the board to provide contact information in a specified format to contracting agencies for the purpose of providing notice to members and retired members who are current or past employees of that agency, or to their beneficiaries, and would prescribe a process in this regard. The bill would immunize contracting agencies for failure to provide notice if the contact information is incomplete or incorrect. | |
33 | 32 | ||
34 | 33 | ## Digest Key | |
35 | 34 | ||
36 | 35 | ## Bill Text | |
37 | 36 | ||
38 | - | The people of the State of California do enact as follows:SECTION 1. Section 20831.3 is added to the Government Code, to read:20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
37 | + | The people of the State of California do enact as follows:SECTION 1. Section 20831.3 is added to the Government Code, to read:20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
39 | 38 | ||
40 | 39 | The people of the State of California do enact as follows: | |
41 | 40 | ||
42 | 41 | ## The people of the State of California do enact as follows: | |
43 | 42 | ||
44 | - | SECTION 1. Section 20831.3 is added to the Government Code, to read:20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
43 | + | SECTION 1. Section 20831.3 is added to the Government Code, to read:20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
45 | 44 | ||
46 | 45 | SECTION 1. Section 20831.3 is added to the Government Code, to read: | |
47 | 46 | ||
48 | 47 | ### SECTION 1. | |
49 | 48 | ||
50 | - | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
49 | + | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
51 | 50 | ||
52 | - | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
51 | + | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
53 | 52 | ||
54 | - | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
53 | + | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent.(b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.(2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied.(3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. | |
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56 | 55 | ||
57 | 56 | ||
58 | - | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
57 | + | 20831.3. (a) A contracting agency that fails to make the employers contribution required by this chapter within the applicable time limitations shall notify a member or retired member who is a current or past employee of that agency, or a beneficiary thereof, of the agencys delinquency by mail, to the members or retired members, or beneficiarys latest address, within 30 days of the payment having become delinquent. | |
59 | 58 | ||
60 | - | (b) (1) Within seven days of the | |
59 | + | (b) (1) Within seven days of the contracting agency becoming delinquent, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing members, retired members, and beneficiaries the notice required by subdivision (a). The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. | |
61 | 60 | ||
62 | 61 | (2) Within 14 days of receipt of the contact information data described in paragraph (1), the contracting agency shall provide written notice to members and retired members, or to their beneficiaries, of the delinquency, its cause, and how and when the delinquency is proposed to be satisfied. | |
63 | 62 | ||
64 | 63 | (3) The contracting agency shall not be liable for failure to provide the notice required pursuant to this section to a member, retired member, or beneficiary if the contact information received for that member, retired member, or beneficiary is incomplete or incorrect. |