California 2021-2022 Regular Session Status: To Executive 1 D cosponsors

AB 826 — County Employees Retirement Law of 1937: compensation and compensation earnable.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and other benefits to county and district employees. CERL defines compensation earnable for purposes of its provisions, with particular application to the calculation of final compensation and the determination of pension amounts and other benefits. Existing law, the Public Employees' Pension Reform Act of 2013, prescribes various limitations on public employees, employers, and retirement systems concerning, among other things, the types of remuneration that may be included in compensation that is applied to pensions. This bill, which would apply only in Ventura County, would provide that compensation and compensation earnable include flexible benefits plan allowances paid by a county or a district on behalf of its employees as part of a cafeteria plan, as specified, if certain conditions are met. Among these conditions, the bill would require that the retirement system included the flexible benefit plan allowance as part of compensation earnable as of July 30, 2020, that the employer and employee paid contributions to the retirement system based on the flexible benefit plan allowance, and that the employer and employee continue to pay those contributions as the employee earns this allowance. The bill would apply these provisions to eligible members who retire on or before December 31, 2025. For members who retire after December 31, 2025, to the extent the retirement system excludes any remuneration, as described above, from the definition of compensation or compensation earnable, the bill would require the retirement system to refund contributions to the member, and to credit contributions to the employer, that were made based on the excluded remuneration in accordance with requirements under the Internal Revenue Code. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Ventura.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 10.).

  4. From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 0.) (August 31).

  5. Joint Rule 62(a), file notice suspended.

  6. Re-referred to Com. on P.E. & R. pursuant to Assembly Rule 77.2.

  7. Assembly Rule 77(a) suspended. (Ayes 60. Noes 16. Page 6056.)

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 4954.).

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. Ordered to second reading.

  13. From inactive file.

  14. Ordered to inactive file at the request of Senator Limón.

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time and amended. Ordered to third reading.

  18. From committee: Amend, and do pass as amended. (Ayes 4. Noes 1.) (July 12).

  19. Re-referred to Com. on L., P.E. & R.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  22. Referred to Com. on RLS.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 9. Page 1649.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 13. Noes 3.) (May 20).

  27. In committee: Set, first hearing. Referred to APPR. suspense file.

  28. In committee: Hearing postponed by committee.

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 14).

  32. Referred to Com. on NAT. RES.

  33. From printer. May be heard in committee March 19.

  34. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 826 Irwin Concurrence in Senate Amendments

Passed 64 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 31100
Unaffiliated 32403
Republican 1503
Total 641006
% of votes cast 80%13%0%8%
How each member voted (80)
Member Party Vote
Bloom — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Nay
Kiley — Nay
Bigelow — Nay
Voepel — Not Voting
Friedman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB826 Irwin By Gonzalez

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 16502
Republican 0400
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Skinner — Yea
Min — Yea
Newman — Yea
Rubio — Yea
Wieckowski — Yea
Bradford — Yea
Hertzberg — Yea
Eggman — Yea
Dodd — Yea
Atkins — Yea
Hueso — Yea
Kamlager — Yea
Portantino — Yea
Leyva — Yea
Pan — Yea
Gonzalez — Yea
Nielsen — Nay
Borgeas — Nay
Melendez — Nay
Bates — Nay
Wilk — Nay
Roth — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

AB 826 Bennett Assembly Third Reading

Passed 64 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 35402
Republican 2503
Total 64905
% of votes cast 82%12%0%6%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Kiley — Nay
Bigelow — Nay
Maienschein — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 6000
Republican 0200
Total 13300
% of votes cast 81%19%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 1000
Republican 1100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Wood — Yea
McCarty — Yea
Chau — Yea
Friedman — Yea
Mathis — Nay
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does AB 826 do?
The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions for the purpose of providing pension, disability, and other benefits to county and district employees. CERL defines compensation earnable for purposes of its provisions, with particular application to the calculation of final compensation and the determination of pension amounts and other benefits. Existing law, the Public Employees' Pension Reform Act of 2013, prescribes various limitations on public employees, employers, and retirement systems concerning, among other things, the types of remuneration that may be included in compensation that is applied to pensions. This bill, which would apply only in Ventura County, would provide that compensation and compensation earnable include flexible benefits plan allowances paid by a county or a district on behalf of its employees as part of a cafeteria plan, as specified, if certain conditions are met. Among these conditions, the bill would require that the retirement system included the flexible benefit plan allowance as part of compensation earnable as of July 30, 2020, that the employer and employee paid contributions to the retirement system based on the flexible benefit plan allowance, and that the employer and employee continue to pay those contributions as the employee earns this allowance. The bill would apply these provisions to eligible members who retire on or before December 31, 2025. For members who retire after December 31, 2025, to the extent the retirement system excludes any remuneration, as described above, from the definition of compensation or compensation earnable, the bill would require the retirement system to refund contributions to the member, and to credit contributions to the employer, that were made based on the excluded remuneration in accordance with requirements under the Internal Revenue Code. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Ventura.
Who sponsors AB 826?
AB 826 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 826?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 826?
Track AB 826 free on One Click Politics — get push/email alerts when it moves.

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