California 2021-2022 Regular Session

California Senate Bill SB411

Introduced
2/12/21  
Refer
2/25/21  
Refer
3/8/21  
Refer
3/18/21  
Refer
4/13/21  
Report Pass
4/20/21  
Refer
4/20/21  
Engrossed
5/10/21  
Refer
5/20/21  
Report Pass
6/24/21  
Report Pass
6/24/21  
Refer
6/24/21  
Report Pass
7/7/21  
Report Pass
7/7/21  
Enrolled
7/15/21  
Enrolled
7/15/21  
Chaptered
7/23/21  
Chaptered
7/23/21  

Caption

Public Employees’ Retirement System: employment without reinstatement.

Impact

The amendments specified in SB 411 focus on limiting the obligations of retired members and employers regarding contributions for employee and employer benefits. By reducing the stringent requirements for reinstatement and employer contributions after unauthorized employment, the bill reflects a shift towards accommodating the employment of retired public employees. Supporters argue that this change could streamline employment opportunities for retirees, enabling them to rejoin the workforce more easily without the burden of financial penalties or required reinstatement processes.

Summary

Senate Bill No. 411, introduced by Senator Cortese, amends regulations under the Public Employees Retirement Law (PERL) concerning the employment of retired members without reinstatement in the California Public Employees Retirement System (PERS). Previously, retirees were generally barred from employment in positions participating in PERS unless they were reinstated. The bill seeks to make reinstatement permissive rather than mandatory, allowing more flexibility in how retired employees can re-enter the workforce while providing exceptions for certain situations that don't require reinstatement.

Sentiment

The sentiment surrounding SB 411 appears to be generally positive, particularly among groups advocating for retirees' rights and flexibility in employment. Proponents believe that empowering retirees to take on work without the cumbersome reinstatement process benefits both the individuals and public agencies that may need their expertise. However, there may be concerns from some quarters regarding the potential for abuse of this flexibility, with critics arguing that it could undermine the integrity of the retirement system by allowing excessive employment without sufficient safeguards.

Contention

Notable points of contention include worries that allowing permissive reinstatements without strict penalties could lead to misuse of retirement benefits or any perceived exploitation of the rules by employers aiming to hire cheaper retired labor without adequately addressing pension contributions. Furthermore, some stakeholders might feel that this legislation alters the foundation of the pension system that was designed to protect employee rights upon retirement, creating a potential imbalance between the interests of retirees, public agencies, and taxpayers.

Companion Bills

No companion bills found.

Similar Bills

CA AB2365

Public Employees’ Retirement System: employment without reinstatement.

CA AB1309

Employment without reinstatement: failure to enroll or report: fee.

CA AB2474

Retirement: County Employees Retirement Law of 1937: benefit payments and overpayments.

MT SB74

Revise administrative provisions of MPERA

CA SB853

Public employees’ retirement.

CA AB644

State teachers’ retirement: compensation.

CA SB1099

Bankruptcy: debtors.

CA AB3245

Public employees’ retirement.