California 2011-2012 Regular Session Status: Passed Assembly

AB 1184 — Public employees' retirement benefits.

Last action — Ordered to inactive file at the request of Assembly Member Charles Calderon.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) , which provides a defined benefit to its employees based on age at retirement, service credit, and final or highest compensation paid to the employee. Existing law authorizes any public agency to participate in, and make its employees members of, PERS by contract. In the case of an employee who has been employed by one or more contracting public agencies, retirement benefits distributed to that employee are based on the highest final compensation under any system, and each system makes a separate retirement payment to the employee based upon the number of years that the employee worked for each of those agencies. This bill would state the intent of the Legislature that a contracting agency not experience a significant increase in actuarial liability due to increased compensation paid by another contracting agency to a nonrepresented employee. The bill would require the Board of Administration of PERS to develop guidelines in this regard and to implement program changes to ensure that a contracting agency that creates a significant increase in actuarial liability due to increased compensation bears the associated liability. The bill would require the system actuary to assess an increase in liability in this regard to the employer that created it at the time the increase is determined and to make adjustments to that employer's rates as needed. The bill would apply these requirements to any significant increase in actuarial liability due to increased compensation paid to a nonrepresented employee regardless of when the increase in compensation occurred. The bill would require the board to report to the Legislature on the implementation of these provisions. Existing law requires the Board of Administration of PERS to establish a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by a specified provision of federal law and that cannot be fully maximized pursuant to PERL. This bill would prohibit a plan of replacement benefits from being administered by the board for a person who first becomes a member on or after January 1, 2013.

Bill Text

Action History

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

  2. Ordered to third reading.

  3. From inactive file.

  4. Notice of intention to remove from inactive file given by Assembly Member Allen.

  5. Ordered to inactive file at the request of Assembly Member Ma.

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

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2127.).

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

  9. From committee: Do pass as amended. (Ayes 8. Noes 0.) (August 15).

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27).

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 23. Page 1712.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 27).

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

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 4). Re-referred to Com. on APPR.

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

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

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

  22. From printer. May be heard in committee March 22.

  23. Read first time. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Gordon · Cosponsor
  • Gatto · Primary
  • Jeffries · Cosponsor
  • Liu · Cosponsor
  • Smyth · Cosponsor
  • Williams · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 4 voted No

Sponsors (1)

  • Gatto

Co-sponsors (6)

  • Blumenfield
  • Gordon
  • Jeffries
  • Liu
  • Smyth
  • Williams

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

3rd Reading AB1184 Gatto By Negrete McLeod

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Evans — Not Voting
Lowenthal — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Harman — Not Voting
Corbett — Yea
Hernandez — Yea
Runner — Not Voting
Dutton — Yea
Huff — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Pavley — Yea
Steinberg — Yea
Emmerson — Yea
Correa — 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 →

Do pass as amended.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Runner — Not Voting
Alquist — Yea
Steinberg — Yea
Walters — Yea
Price — Yea
Emmerson — Yea

Official roll call →

AB 1184 GATTO Assembly Third Reading

Passed 54 Yea · 23 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 532103
Democratic 1000
Total 542303
% of votes cast 68%29%0%4%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Hayashi — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Cedillo — Yea
Lara — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Nay
Gorell — Not Voting
Hagman — Nay
Cook — Nay
Halderman — Nay
Knight — Nay
Logue — Nay
Nestande — Not Voting
Nielsen — Nay
Norby — Nay
Silva — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Yea
Mansoor — Yea
Miller — Nay
Morrell — Nay
Perea — Yea
Smyth — Yea
Torres — Yea
Conway — Nay
Eng — Yea
Donnelly — Nay
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Davis — Yea
Hall — Yea
Mitchell — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Norby — Nay
Wagner — Nay
Donnelly — Nay
Blumenfield — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does AB 1184 do?
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) , which provides a defined benefit to its employees based on age at retirement, service credit, and final or highest compensation paid to the employee. Existing law authorizes any public agency to participate in, and make its employees members of, PERS by contract. In the case of an employee who has been employed by one or more contracting public agencies, retirement benefits distributed to that employee are based on the highest final compensation under any system, and each system makes a separate retirement payment to the employee based upon the number of years that the employee worked for each of those agencies. This bill would state the intent of the Legislature that a contracting agency not experience a significant increase in actuarial liability due to increased compensation paid by another contracting agency to a nonrepresented employee. The bill would require the Board of Administration of PERS to develop guidelines in this regard and to implement program changes to ensure that a contracting agency that creates a significant increase in actuarial liability due to increased compensation bears the associated liability. The bill would require the system actuary to assess an increase in liability in this regard to the employer that created it at the time the increase is determined and to make adjustments to that employer's rates as needed. The bill would apply these requirements to any significant increase in actuarial liability due to increased compensation paid to a nonrepresented employee regardless of when the increase in compensation occurred. The bill would require the board to report to the Legislature on the implementation of these provisions. Existing law requires the Board of Administration of PERS to establish a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by a specified provision of federal law and that cannot be fully maximized pursuant to PERL. This bill would prohibit a plan of replacement benefits from being administered by the board for a person who first becomes a member on or after January 1, 2013.
Who sponsors AB 1184?
AB 1184 is sponsored by Blumenfield, Gordon, Gatto, Jeffries, Liu, Smyth, and Williams.
What is the current status of AB 1184?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 1184?
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Last checked for changes 3 months ago · updated continuously

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