California 2011-2012 Regular Session Status: Enacted

AB 197 — Public employees' retirement.

Last action — Chaptered by Secretary of State - Chapter 297, Statutes of 2012.

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

This bill has been enacted into law. Introduced January 27, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Public Employees' Retirement Law establishes the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to specified public employees. PERS is funded by investment returns and employer and employee contributions. Existing law authorizes a contracting agency and its employees to agree in writing to share the costs of any optional benefit that is inapplicable to a contracting agency until the agency elects to be subject to the benefit. This bill would instead authorize a contracting agency and its employees to agree in writing to share the costs of the employer contribution with or without a change in benefits, as specified. The bill would prohibit an employer from using impasse procedures to impose member cost sharing on any contribution amount above that which is authorized by law. The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts, as defined, to provide a system of retirement benefits to their employees. CERL defines compensation earnable for the purpose of calculating benefits as the average compensation for the period under consideration with respect to the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay, as determined by the retirement board. This bill would exclude from the definition of compensation earnable any compensation determined by the board to have been paid to enhance a member's retirement benefit. The bill would also exclude various payments from the definition of compensation earnable, including payments for unused vacation, annual leave, personal leave, sick leave, and compensatory time off, as well as payments made at the termination of employment, except what may be earned and payable in each 12-month period during the final average salary period.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 297, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:55 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 4. Page 6743.).

  5. Assembly Rule 63 suspended. (Page 6743.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5063.).

  8. (Ayes 22. Noes 10. Page 5058.)

  9. Ordered to third reading.

  10. Withdrawn from committee.

  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. (Ayes 21. Noes 12. Page 5057.)

  13. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  14. Read second time. Ordered to third reading.

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

  16. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  17. In Senate. Held at Desk.

  18. Ordered to the Senate.

  19. From inactive file.

  20. Ordered to inactive file at the request of Assembly Member Charles Calderon.

  21. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  22. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 11. Page 2170.).

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 4. Noes 2.) (June 8).

  25. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  26. Referred to Com. on L. & I.R.

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

  28. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 22. Page 1237.)

  29. Read second time. Ordered to third reading.

  30. From committee: Do pass. (Ayes 5. Noes 1.) (April 13).

  31. Referred to Com. on L. & E.

  32. From printer. May be heard in committee February 27.

  33. Read first time. To print.

Sponsors

  • Buchanan · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Buchanan

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

W/O REF. TO FILE AB197 Buchanan By DeSaulnier

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Huff — Yea
Lieu — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Runner — Not Voting
Harman — Yea
Corbett — Yea
Kehoe — Yea
Blakeslee — Yea
Correa — Yea
Dutton — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Leno — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 197 BUCHANAN Concurrence in Senate Amendments

Passed 73 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 72203
Republican 0200
Democratic 1000
Total 73403
% of votes cast 91%5%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Alejo — Yea
Olsen — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Fletcher — Yea
Gordon — Yea
Gorell — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Not Voting
Hall — Yea
Hayashi — Yea
Block — Yea
Conway — Yea
Cook — Not Voting
Davis — Yea
Donnelly — Nay
Huber — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB197 Monning By DeSaulnier

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221005
Democratic 2000
Republican 0100
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Lieu — Yea
Pavley — Yea
Wolk — Yea
Wyland — Nay
Fuller — Nay
Runner — Not Voting
Cannella — Not Voting
Huff — Not Voting
Alquist — Yea
Blakeslee — Nay
Dutton — Nay
Walters — Nay
Anderson — Nay
Harman — Not Voting
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Corbett — Yea
Emmerson — Nay
Correa — Not Voting
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 0001
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Yee — Yea
Runner — Nay
Leno — Yea
Lieu — Yea
Wyland — Nay
DeSaulnier — Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

AB 197 MONNING Assembly Third Reading

Passed 48 Yea · 22 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 452108
Democratic 3000
Republican 0101
Total 482209
% of votes cast 61%28%0%11%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Butler — Yea
Eng — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Beall — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Ma — Yea
Mendoza — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Fletcher — Nay
Furutani — Not Voting
Garrick — Not Voting
Gordon — Not Voting
Hagman — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Harkey — Nay
Jeffries — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Not Voting
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Knight — Nay
Logue — Nay
Mansoor — Nay
Monning — Yea
Norby — Nay
Pan — Yea
Torres — Yea
Wieckowski — Yea
Cedillo — Not Voting
Feuer — Yea
Galgiani — Not Voting
Yamada — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Gorell — Not Voting
Alejo — Yea
Miller — Nay
Swanson — Yea
Furutani — Yea
Yamada — Yea
Allen, Benjamin Democratic Yea

Official roll call →

Subjects

veterans labor
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Frequently asked questions

What does AB 197 do?
The Public Employees' Retirement Law establishes the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to specified public employees. PERS is funded by investment returns and employer and employee contributions. Existing law authorizes a contracting agency and its employees to agree in writing to share the costs of any optional benefit that is inapplicable to a contracting agency until the agency elects to be subject to the benefit. This bill would instead authorize a contracting agency and its employees to agree in writing to share the costs of the employer contribution with or without a change in benefits, as specified. The bill would prohibit an employer from using impasse procedures to impose member cost sharing on any contribution amount above that which is authorized by law. The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts, as defined, to provide a system of retirement benefits to their employees. CERL defines compensation earnable for the purpose of calculating benefits as the average compensation for the period under consideration with respect to the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay, as determined by the retirement board. This bill would exclude from the definition of compensation earnable any compensation determined by the board to have been paid to enhance a member's retirement benefit. The bill would also exclude various payments from the definition of compensation earnable, including payments for unused vacation, annual leave, personal leave, sick leave, and compensatory time off, as well as payments made at the termination of employment, except what may be earned and payable in each 12-month period during the final average salary period.
Who sponsors AB 197?
AB 197 is sponsored by Buchanan.
What is the current status of AB 197?
This bill has been enacted into law. Introduced January 27, 2011. Enacted.
Where can I track AB 197?
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