California 2009-2010 Regular Session Status: Passed Senate

SB 871 — State employees: benefits: retirement.

Last action — From Assembly without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation. Existing law defines final compensation variously for different member classifications and bargaining units and, in this regard, defines final compensation for a state member for the purpose of calculating retirement benefits as the highest annual average compensation earnable by the member during a designated 12-month or 36-month period, depending upon the bargaining unit and classification of that employee. Currently the final compensati on for members hired on or after July 1, 2006, who are represented by State Bargaining Units 12, 16, 18, and 19, and for members hired on and after October 31, 2010, who are represented by State Bargaining Units 5 and 8 means the final compensation earnable by the member during a designated 36-month period. This bill would provide that final compensation for a person who becomes a state member, as specified, on or after November 10, 2010, and who is represented by State Bargaining Unit 6, 7, or 9, or who is an excluded employee, legislative employee, judicial branch employee, or an employee of California State University, means the highest annual average compensation earnable by the member during a designated 36-month period. (2) PERL establishes various retirement formulas that apply to specified membership categories. Under PERL, state miscellaneous members are generally subject to a retirement formula commonly known as 2% at 55, which, if the member retires at 55 years of age, yields a benefit equal to 2% of the member's final compensation multiplied by the member's years of service credit, as specified. Under PERL, state miscellaneous members represented by specified bargaining units who are first employed on after September 1, 2010, are subject to a 2% at 60 retirement formula. Under PERL, patrol members and specified state peace officer/firefighter members are subject to a 3% at 50 retirement formula, with the exception of patrol members and firefighters who are members of State Bargaining Units 5 and 8, first employed on and after October 31, 2010, who are subject to a 3% at 55 retirement formula. Under PERL, safety members employed by the state and the California State University are generally subject to a 2.5% at age 55 retirement formula. This bill would provide that all state miscellaneous members, who are first employed on and after November 10, 2010, are subject to a 2% at 60 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. The bill would provide that peace officer/firefighter members of State Bargaining Units 6 and 7 and state, legislative, judicial branch, and California State University peace officers who are first employed on and after November 10, 2010, are subject to a 2.5% at 55 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. This bill would provide that safety members who are first employed by the state and the California State University on and after November 10, 2010, are subject to a 2% at age 55 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Assembly without further action.

  2. (Ayes 14. Noes 14. Page 7176.)

  3. Urgency clause refused adoption.

  4. Read third time.

  5. Read third time. Amended. (Page 7118.) To third reading.

  6. Read second time. To third reading.

  7. Placed on second reading file.

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

  9. Read third time. Passed. (Ayes 24. Noes 5. Page 3272.) To Assembly.

  10. Read second time. To third reading.

  11. Placed on second reading file.

  12. Withdrawn from committee.

  13. To Com. on RLS.

  14. From print. May be acted upon on or after February 11.

  15. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Garrick · Cosponsor
  • Hollingsworth · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Hollingsworth

Co-sponsors (1)

  • Garrick

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

SB 871 Hollingsworth Third Reading Urgency By GARRICK

Failed 15 Yea · 14 Nay · 61 Other
Party YeaNayPresentNot Voting
Unaffiliated 1213059
Democratic 1101
Republican 2001
Total 1514061
% of votes cast 17%16%0%68%
How each member voted (90)
Member Party Vote
Hagman — Not Voting
Fuentes — Yea
Furutani — Nay
Gilmore — Yea
Hall — Nay
Harkey — Yea
Hayashi — Nay
Fletcher — Yea
Audra — Yea
Huber — Yea
Brownley — Nay
Lieu — Nay
Mendoza — Nay
Nestande — Yea
Ruskin — Nay
Carter — Not Voting
Chesbro — Not Voting
Conway — Not Voting
Bill — Not Voting
Tom — Not Voting
Feuer — Not Voting
Galgiani — Not Voting
Gatto — Not Voting
Charles — Not Voting
Hernandez — Not Voting
Hill — Not Voting
Jeffries — Not Voting
Knight — Not Voting
Logue — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Fong — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Portantino — Not Voting
Salas — Not Voting
Saldana — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Cook — Not Voting
Davis — Not Voting
Miller — Not Voting
Monning — Not Voting
Bass — Not Voting
Block — Not Voting
Nielsen — Not Voting
Silva — Not Voting
Smyth — Not Voting
Solorio — Not Voting
Torlakson — Nay
Torres — Not Voting
Tran — Not Voting
Villines — Not Voting
Adams — Not Voting
Ammiano — Not Voting
Anderson — Yea
Beall — Nay
Blumenfield — Not Voting
Bradford — Not Voting
Buchanan — Not Voting
Huffman — Not Voting
Ma — Not Voting
Nava — Not Voting
Norby — Yea
Skinner — Nay
Swanson — Nay
Torrico — Not Voting
Coto — Nay
Eng — Nay
Evans — Not Voting
DeVore — Yea
Yamada — Not Voting
Fuller — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB871 Committee on B. & F.R. (Ducheny)

Passed 25 Yea · 5 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 234010
Democratic 2000
Republican 0100
Total 255010
% of votes cast 63%13%0%25%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Florez — Yea
Hancock — Yea
Runner — Not Voting
Harman — Not Voting
Cogdill — Not Voting
Huff — Not Voting
Kehoe — Yea
Liu — Yea
Ashburn — Nay
Cox — Not Voting
Ducheny — Yea
Dutton — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Hollingsworth — Not Voting
Leno — Yea
Maldonado — Not Voting
Price — Yea
Steinberg — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 871 do?
(1) The Public Employees' Retirement Law (PERL) provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation. Existing law defines final compensation variously for different member classifications and bargaining units and, in this regard, defines final compensation for a state member for the purpose of calculating retirement benefits as the highest annual average compensation earnable by the member during a designated 12-month or 36-month period, depending upon the bargaining unit and classification of that employee. Currently the final compensati on for members hired on or after July 1, 2006, who are represented by State Bargaining Units 12, 16, 18, and 19, and for members hired on and after October 31, 2010, who are represented by State Bargaining Units 5 and 8 means the final compensation earnable by the member during a designated 36-month period. This bill would provide that final compensation for a person who becomes a state member, as specified, on or after November 10, 2010, and who is represented by State Bargaining Unit 6, 7, or 9, or who is an excluded employee, legislative employee, judicial branch employee, or an employee of California State University, means the highest annual average compensation earnable by the member during a designated 36-month period. (2) PERL establishes various retirement formulas that apply to specified membership categories. Under PERL, state miscellaneous members are generally subject to a retirement formula commonly known as 2% at 55, which, if the member retires at 55 years of age, yields a benefit equal to 2% of the member's final compensation multiplied by the member's years of service credit, as specified. Under PERL, state miscellaneous members represented by specified bargaining units who are first employed on after September 1, 2010, are subject to a 2% at 60 retirement formula. Under PERL, patrol members and specified state peace officer/firefighter members are subject to a 3% at 50 retirement formula, with the exception of patrol members and firefighters who are members of State Bargaining Units 5 and 8, first employed on and after October 31, 2010, who are subject to a 3% at 55 retirement formula. Under PERL, safety members employed by the state and the California State University are generally subject to a 2.5% at age 55 retirement formula. This bill would provide that all state miscellaneous members, who are first employed on and after November 10, 2010, are subject to a 2% at 60 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. The bill would provide that peace officer/firefighter members of State Bargaining Units 6 and 7 and state, legislative, judicial branch, and California State University peace officers who are first employed on and after November 10, 2010, are subject to a 2.5% at 55 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. This bill would provide that safety members who are first employed by the state and the California State University on and after November 10, 2010, are subject to a 2% at age 55 retirement formula, but would provide that the change would not apply if there is a current memorandum of understanding that provides a different formula only for the period that the memorandum of understanding is in effect. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 871?
SB 871 is sponsored by Garrick and Hollingsworth.
What is the current status of SB 871?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 871?
Track SB 871 free on One Click Politics — get push/email alerts when it moves.

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