California 2009-2010 Regular Session Status: To Executive

SB 752 — County employees' retirement: Orange County.

Last action — Chaptered by Secretary of State. Chapter 362, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 County Employees Retirement Law of 1937 permits counties and districts, as defined, to provide retirement benefits to their employees pursuant to its provisions. The law permits the board of supervisors or the governing body of a district in Orange County, by resolution adopted by majority vote and pursuant to a memorandum of understanding, as specified, to make certain formulas for the calculation of benefits for general or safety members applicable to the employees of a bargaining unit comprised of general members, safety members, or employees of the Probation Services Unit and Probation Supervisory Management Unit, as specified, and requires the affected members, subject to certain conditions, to pay some or all of those additional contributions, as specified. This bill would permit, in Orange County, the board of supervisors, or the governing body of a district within the county, by resolution adopted by majority vote, to require an employee hired after approval of the resolution, to make a written election between 2 specified pension calculations within 45 days of beginning employment. The bill would require that an employee who fails to elect one of the pension calculations within 45 days of beginning employment be deemed to have elected the other. The bill would also permit the resolution, as described above, to require a current employee to make a similar written election regarding his or her own pension benefits for future service within 180 calendar days of approval of the resolution. The bill would require that a current employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would further permit the resolution to require a current employee of the county or district, hired before approval of the resolution, who subsequently becomes eligible for a specified pension calculation to make a one-time written election between the 2 pension calculations for future service within 45 days of becoming eligible. The bill would require that the employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would provide that failure to make an election within 45 calendar days shall be considered cause for termination of employment until the required election has been made. The bill would make these elections irrevocable, except as specified. The bill would require that a retirement allowance for service rendered prior to the effective date of the election be calculated under the employee's prior pension calculation and would provide that an employee who has made this election is not eligible for retirement unless the employee meets the minimum requirements of the provisions applicable at the date of retirement. The bill would require that specified pension elections include the signature of the employee's designated beneficiary or a specified written declaration. The bill would provide a civil penalty for a person who knowingly provides false information in the declaration, in an action to be brought at the option of a public prosecutor. The bill would require that an employee who elects the lesser of the 2 specified pension calculations be eligible to receive a contribution to a defined contribution program from the county or district based on the employee's contribution to a defined contribution program. The bill would permit the resolution to require a member who elects or is deemed to have elected the lesser of the 2 pension calculations to pay additional member contributions that would not result in an additional benefit to the member, as specified. The bill would permit the resolution to apply these provisions to unrepresented employees, as specified, and would provide that its provisions not be applicable to safety members of the retirement system. The bill would provide that an employee who fails to certify his or her election under specified circumstances would continue to be covered by his or her immediately preceding retirement plan, as specified. The bill would provide that the adoption of the resolution by the county would not extend to the employees of any district within the county, and would permit the governing body of a district to elect to make its provisions applicable to the employees of the district irrespective of whether the board of supervisors has made that election applicable to employees in the county. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 362, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 40. Noes 0. Page 2273.) To enrollment.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 2301.)

  7. From committee: Pursuant to Senate Rule 29.10 be re-referred to Com. on P.E. & R. (Ayes 5. Noes 0. Page 2227.) Re-referred to Com. on P.E. & R.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 78. Noes 0. Page 2855.) To Senate.

  11. Read third time. Amended. (Page 2711.) To third reading.

  12. Read second time. To third reading.

  13. Placed on second reading file.

  14. Withdrawn from committee.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  17. Read second time. Amended. Re-referred to Com. on APPR.

  18. (Heard in committee on July 8.)

  19. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 0.)

  20. Set, first hearing. Hearing canceled at the request of author.

  21. To Com. on P.E.,R. & S.S.

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 39. Noes 0. Page 1189.) To Assembly.

  24. To Special Consent Calendar.

  25. Read second time. Amended. To third reading.

  26. From committee: Do pass as amended. (Ayes 12. Noes 0. Page 1074.)

  27. (Suspense - for vote only.)

  28. Set for hearing May 28.

  29. Placed on APPR suspense file.

  30. Set for hearing May 18.

  31. Hearing postponed by committee.

  32. Set for hearing May 11.

  33. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 685.) Re-referred to Com. on APPR.

  34. Set for hearing April 27.

  35. To Com. on P.E. & R.

  36. Read first time.

  37. From print. May be acted upon on or after March 30.

  38. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Correa · Primary
  • Silva · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Correa

Co-sponsors (2)

  • Silva
  • Solorio

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

Unfinished Business SB752 Correa Urgency Clause

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Cedillo — Yea
Wyland — Yea
Yee — Yea
Corbett — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 752 Correa Third Reading Urgency By SILVA

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Gilmore — 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 →

Special Consent #8 SB752 Wiggins

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Walters — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Wolk — Not Voting
Oropeza — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Runner — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

finance veterans labor
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Frequently asked questions

What does SB 752 do?
(1) The County Employees Retirement Law of 1937 permits counties and districts, as defined, to provide retirement benefits to their employees pursuant to its provisions. The law permits the board of supervisors or the governing body of a district in Orange County, by resolution adopted by majority vote and pursuant to a memorandum of understanding, as specified, to make certain formulas for the calculation of benefits for general or safety members applicable to the employees of a bargaining unit comprised of general members, safety members, or employees of the Probation Services Unit and Probation Supervisory Management Unit, as specified, and requires the affected members, subject to certain conditions, to pay some or all of those additional contributions, as specified. This bill would permit, in Orange County, the board of supervisors, or the governing body of a district within the county, by resolution adopted by majority vote, to require an employee hired after approval of the resolution, to make a written election between 2 specified pension calculations within 45 days of beginning employment. The bill would require that an employee who fails to elect one of the pension calculations within 45 days of beginning employment be deemed to have elected the other. The bill would also permit the resolution, as described above, to require a current employee to make a similar written election regarding his or her own pension benefits for future service within 180 calendar days of approval of the resolution. The bill would require that a current employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would further permit the resolution to require a current employee of the county or district, hired before approval of the resolution, who subsequently becomes eligible for a specified pension calculation to make a one-time written election between the 2 pension calculations for future service within 45 days of becoming eligible. The bill would require that the employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would provide that failure to make an election within 45 calendar days shall be considered cause for termination of employment until the required election has been made. The bill would make these elections irrevocable, except as specified. The bill would require that a retirement allowance for service rendered prior to the effective date of the election be calculated under the employee's prior pension calculation and would provide that an employee who has made this election is not eligible for retirement unless the employee meets the minimum requirements of the provisions applicable at the date of retirement. The bill would require that specified pension elections include the signature of the employee's designated beneficiary or a specified written declaration. The bill would provide a civil penalty for a person who knowingly provides false information in the declaration, in an action to be brought at the option of a public prosecutor. The bill would require that an employee who elects the lesser of the 2 specified pension calculations be eligible to receive a contribution to a defined contribution program from the county or district based on the employee's contribution to a defined contribution program. The bill would permit the resolution to require a member who elects or is deemed to have elected the lesser of the 2 pension calculations to pay additional member contributions that would not result in an additional benefit to the member, as specified. The bill would permit the resolution to apply these provisions to unrepresented employees, as specified, and would provide that its provisions not be applicable to safety members of the retirement system. The bill would provide that an employee who fails to certify his or her election under specified circumstances would continue to be covered by his or her immediately preceding retirement plan, as specified. The bill would provide that the adoption of the resolution by the county would not extend to the employees of any district within the county, and would permit the governing body of a district to elect to make its provisions applicable to the employees of the district irrespective of whether the board of supervisors has made that election applicable to employees in the county. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 752?
SB 752 is sponsored by Correa, Silva, and Solorio.
What is the current status of SB 752?
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 SB 752?
Track SB 752 free on One Click Politics — get push/email alerts when it moves.

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