California 2009-2010 Regular Session Status: To Executive

AB 1987 — Public retirement: final compensation: computation: retirees.

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 2009-2010 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Public Employees' Retirement Law (PERL) 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. PERL defines "final compensation" for purposes of calculating a member's retirement allowance. The State Teachers' Retirement Law, which applies to specified school employees, and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill would generally provide, effective July 1, 2011, that any change in salary, compensation, or remuneration principally for the purpose of enhancing a member's benefits would not be included in the calculation of a member's final compensation for purposes of determining that member's defined benefit. The bill would require the board of each state and local public retirement system to establish, by regulation, accountability provisions that would include an ongoing audit process to ensure that a change in a member's salary, compensation, or remuneration is not made principally for the purpose of enhancing a member's retirement benefits. This bill would limit the calculation of a member's final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the 2 preceding years by employees in the same or a related group as that member. This bill would also provide that a person who retires on or after January 1, 2012, may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days. This bill would provide for the implementation of the changes under the applicable retirement laws that apply to counties and cities. This bill includes legislative findings expressing the public purpose that would be served by the enactment of this bill. (2) This bill would, except as otherwise specified, provide that its provisions would become operative on July 1, 2011. This bill would further provide that its provisions would not become operative unless SB 1425 of the 2009–10 Regular Session is also enacted and takes effect on or before January 1, 2011.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6923.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 28. Noes 1. Page 5015.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

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

  9. (Ayes 21. Noes 11. Page 4960.)

  10. Senate Rule 29.3(b) suspended.

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

  12. Senate Rule 29.3(b) suspended.

  13. Re-referred to Com. on RLS. by unanimous consent.

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

  15. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (August 12).

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

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

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 23).

  19. Referred to Com. on P.E. & R.

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

  21. Read third time, passed, and to Senate. (Ayes 75. Noes 0. Page 5555.)

  22. Read third time, amended, and returned to third reading. (Page 5418.).

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 15. Noes 0.) (May 12).

  25. Re-referred to Com. on APPR.

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

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (April 21).

  28. Re-referred to Com. on P.E.,R. & S.S.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E.,R. & S.S. Read second time and amended.

  30. Referred to Com. on P.E.,R. & S.S.

  31. From printer. May be heard in committee March 20.

  32. Read first time. To print.

Sponsors

  • Furutani · Cosponsor
  • Ma · Primary
  • Torrico · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Ma

Co-sponsors (2)

  • Furutani
  • Torrico

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 1987 Ma Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Hall — Yea
Bill — Yea
Tom — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Harkey — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Perez — Yea
Norby — Not Voting
Adams — Yea
Anderson — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE AB1987 Ma

Passed 28 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 27109
Republican 1000
Democratic 0002
Total 281011
% of votes cast 70%3%0%28%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Florez — Not Voting
Wyland — Yea
Lowenthal — Yea
Runner — Yea
Hancock — Yea
Hollingsworth — Nay
Negrete — Not Voting
Cogdill — Yea
Huff — Yea
Corbett — Yea
Leno — Not Voting
Liu — Yea
McLeod — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Ashburn — Not Voting
Blakeslee — Yea
Ducheny — Not Voting
Dutton — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Oropeza — Not Voting
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Ashburn — Yea
Wolk — Yea
Alquist — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Yea
Walters — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 1987 MA Assembly Third Reading

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 79006
Democratic 3000
Republican 2001
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hagman — Yea
Charles — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Garrick — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Not Voting
Tom — Not Voting
Audra — Not Voting
Chesbro — Yea
Cook — Yea
Coto — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Carter — Yea
Conway — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Democratic 0001
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Fuentes — Yea
Hall — Yea
Charles — Not Voting
Harkey — Yea
Hill — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Not Voting
Bradford — Yea
Miller — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

finance veterans labor
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Frequently asked questions

What does AB 1987 do?
(1) The Public Employees' Retirement Law (PERL) 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. PERL defines "final compensation" for purposes of calculating a member's retirement allowance. The State Teachers' Retirement Law, which applies to specified school employees, and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill would generally provide, effective July 1, 2011, that any change in salary, compensation, or remuneration principally for the purpose of enhancing a member's benefits would not be included in the calculation of a member's final compensation for purposes of determining that member's defined benefit. The bill would require the board of each state and local public retirement system to establish, by regulation, accountability provisions that would include an ongoing audit process to ensure that a change in a member's salary, compensation, or remuneration is not made principally for the purpose of enhancing a member's retirement benefits. This bill would limit the calculation of a member's final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the 2 preceding years by employees in the same or a related group as that member. This bill would also provide that a person who retires on or after January 1, 2012, may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days. This bill would provide for the implementation of the changes under the applicable retirement laws that apply to counties and cities. This bill includes legislative findings expressing the public purpose that would be served by the enactment of this bill. (2) This bill would, except as otherwise specified, provide that its provisions would become operative on July 1, 2011. This bill would further provide that its provisions would not become operative unless SB 1425 of the 2009–10 Regular Session is also enacted and takes effect on or before January 1, 2011.
Who sponsors AB 1987?
AB 1987 is sponsored by Furutani, Ma, and Torrico.
What is the current status of AB 1987?
This bill died with 2009-2010 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 1987?
Track AB 1987 free on One Click Politics — get push/email alerts when it moves.

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