California 2013-2014 Regular Session Status: Enacted

AB 2474 — County employees retirement: benefits.

Last action — Chaptered by Secretary of State - Chapter 741, Statutes of 2014.

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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 February 21, 2014. 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 County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees and their beneficiaries. The CERL provides for a defined retirement benefit based upon credited service, final compensation, and age at retirement subject to specified formulas relating to membership classification. The California Public Employees' Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, including county and district retirement systems created pursuant to CERL, to modify its pension plan or plans to comply with the act and, among other provisions, establishes new limits of pensionable compensation that may not be exceeded whenever pensionable compensation is used in the calculation of a benefit. PEPRA defines pensionable compensation for purposes of its provisions. This bill would clarify that the definition of final compensation for members whose services is on a tenure that is temporary, seasonal, intermittent, or part time in the CERL, as described, also applies to those members meeting the same service criteria who are subject to PEPRA. The CERL provides that for a member who is subject to PEPRA for all or any portion of his or her membership in the county retirement system, final compensation means the highest average pensionable compensation earned by the member during a period of at least 36 consecutive months, immediately preceding his or her retirement or last separation from service if earlier, or during any other period of 36 consecutive months designated by the member. This bill would require, when determining final compensation for a member subject to PEPRA who does not have 3 consecutive years of earned pensionable compensation due to an absence, the compensation for any absence to be based on the pensionable compensation of the position held by the member immediately prior to the absence. PEPRA requires a public employee, including one who is elected or appointed to a public office, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. This bill would make a conforming change to the CERL to specify that a person ceases to be a member for any portion of his or her service as an elected public officer or as a public employee that is forfeited under those circumstances. Under the CERL, except as otherwise specified, a board of supervisors or the governing body of a district may require that members pay all or part of the contributions of a member or employer, or both, for any retirement benefits provided under the CERL, and designates those payments as employee contributions. Existing law requires the contributions to be uniform either (1) with respect to all members of a recognized bargaining unit or (2) within each of the following classifications: local miscellaneous members, local police officers, local firefighters, county peace officers, and all local safety members other than local police officers, local firefighters, and county peace officers and classifications covered pursuant to specified provisions in PEPRA. This bill would revise that latter provision to require the contributions to be uniform either (1) with respect to all members of a recognized bargaining unit or (2) all members within each of the following categories: nonsafety or safety members referenced pursuant to specified provisions in PEPRA. The CERL requires specified death benefits, benefits in lieu of death benefits, and lump-sum benefits paid to surviving spouses of deceased members to be calculated using the annual compensation earned by the deceased, as provided. This bill would instead require those benefits to be calculated using the pensionable compensation earned by the deceased member, for a member subject to PEPRA. The CERL allows certain benefits to members who reenter county service after an absence from serving in the Armed Forces, and requires the contributions for those benefits to be calculated or determined using his or her compensation earnable at the commencement of the absence. This bill would instead require those contributions to be calculated or determined using the pensionable compensation earned at the commencement of the absence for a member subject to PEPRA. The CERL authorizes the governing board of the county or district to elect to contribute for any member who reenters county service after an absence from serving in the Armed Forces amounts equal to the contributions which would have been made by the member and the employer to the system on the basis of compensation earnable at the commencement of the absence, as specified. This bill would provide that the authorization does not apply to a member subject to PEPRA.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 741, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6247.).

  5. Assembly Rule 77 suspended. (Page 6239.)

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

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 4612.).

  8. Read second time. Ordered to third reading.

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

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

  11. In Senate. Held at Desk.

  12. Ordered to the Senate.

  13. Withdrawn from Engrossing and Enrolling.

  14. In Assembly. Ordered to Engrossing and Enrolling.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 3929.).

  16. Read second time. Ordered to consent calendar.

  17. From committee: Do pass. To consent calendar. (Ayes 5. Noes 0.) (June 9).

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

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4968.)

  21. Read second time. Ordered to consent calendar.

  22. From committee: Do pass. To consent calendar. (Ayes 5. Noes 0.) (May 7).

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

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

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

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

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

  28. Read first time.

  29. From printer. May be heard in committee March 25.

  30. Introduced. To print.

Sponsors

  • Retirement and Social Security Committee on Public Employees · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Public Employees, Retirement and Social Security

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

AB 2474 P.E., R. & S.S. Concurrence in Senate Amendments By BONTA

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 2001
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Daly — Yea
Gomez — Yea
Campos — Yea
Allen — Yea
Chau — Yea
Bonilla — Yea
Hall — Yea
Harkey — Yea
Holden — Yea
Jones-Sawyer — Not Voting
Gray — Yea
Logue — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Lowenthal — Yea
Melendez — Yea
Garcia — Yea
Mullin — Yea
Atkins — Yea
Fong — Yea
Ammiano — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Donnelly — Yea
Eggman — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Fox — Yea
Frazier — Yea
Bloom — Yea
Nazarian — Yea
Rodriguez — Yea
Dickinson — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2474 Committee on P.E.,R.& S.S.(Bonta) By Torres

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Democratic 2001
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Steinberg — Yea
Vidak — Yea
Corbett — Yea
Correa — Yea
Evans — Yea
Wright — Not Voting
Wyland — Yea
Cannella — Yea
Mitchell — Yea
Fuller — Yea
Galgiani — Yea
De León — Not Voting
Hancock — Not Voting
Hernandez — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Not Voting
Leno — Yea
Lieu — Yea
Liu — Yea
Morrell — Yea
Roth — Yea
Torres — Yea
Walters — Not Voting
Wolk — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Consent Calendar 2nd AB2474 Committee on P.E.,R.& S.S.(Bonta)

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Liu — Yea
Steinberg — Yea
Vidak — Yea
Wyland — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Not Voting
Cannella — Yea
Fuller — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Corbett — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Correa — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Beall — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Walters — Not Voting
Wolk — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2474 P.E., R. & S.S. Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Republican 3000
Democratic 4000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Yea
Mansoor — Not Voting
Mullin — Yea
Quirk — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Chávez — Yea
Campos — Yea
Holden — Yea
Cooley — Yea
Allen — Yea
Donnelly — Yea
Bonilla — Yea
Olsen — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Brown — Yea
Eggman — Yea
Wieckowski — Yea
Hagman — Yea
Hall — Yea
Gray — Yea
Harkey — Yea
Chau — Yea
Conway — Yea
Medina — Yea
Pan — Yea
Ridley-Thomas — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Gatto — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Levine — Yea
Maienschein — Yea
Chesbro — Yea
Melendez — Yea
Bigelow — Yea
Dababneh — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Frazier — Yea
Gorell — Yea
Daly — Yea
Nazarian — Yea
Rodriguez — Yea
Dickinson — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Wieckowski — Yea
Allen — Yea
Ridley-Thomas — Yea
Harkey — Not Voting
Rendon — Not Voting
Bonta, Mia Democratic Yea

Official roll call →

Subjects

finance veterans labor
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Frequently asked questions

What does AB 2474 do?
The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees and their beneficiaries. The CERL provides for a defined retirement benefit based upon credited service, final compensation, and age at retirement subject to specified formulas relating to membership classification. The California Public Employees' Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, including county and district retirement systems created pursuant to CERL, to modify its pension plan or plans to comply with the act and, among other provisions, establishes new limits of pensionable compensation that may not be exceeded whenever pensionable compensation is used in the calculation of a benefit. PEPRA defines pensionable compensation for purposes of its provisions. This bill would clarify that the definition of final compensation for members whose services is on a tenure that is temporary, seasonal, intermittent, or part time in the CERL, as described, also applies to those members meeting the same service criteria who are subject to PEPRA. The CERL provides that for a member who is subject to PEPRA for all or any portion of his or her membership in the county retirement system, final compensation means the highest average pensionable compensation earned by the member during a period of at least 36 consecutive months, immediately preceding his or her retirement or last separation from service if earlier, or during any other period of 36 consecutive months designated by the member. This bill would require, when determining final compensation for a member subject to PEPRA who does not have 3 consecutive years of earned pensionable compensation due to an absence, the compensation for any absence to be based on the pensionable compensation of the position held by the member immediately prior to the absence. PEPRA requires a public employee, including one who is elected or appointed to a public office, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. This bill would make a conforming change to the CERL to specify that a person ceases to be a member for any portion of his or her service as an elected public officer or as a public employee that is forfeited under those circumstances. Under the CERL, except as otherwise specified, a board of supervisors or the governing body of a district may require that members pay all or part of the contributions of a member or employer, or both, for any retirement benefits provided under the CERL, and designates those payments as employee contributions. Existing law requires the contributions to be uniform either (1) with respect to all members of a recognized bargaining unit or (2) within each of the following classifications: local miscellaneous members, local police officers, local firefighters, county peace officers, and all local safety members other than local police officers, local firefighters, and county peace officers and classifications covered pursuant to specified provisions in PEPRA. This bill would revise that latter provision to require the contributions to be uniform either (1) with respect to all members of a recognized bargaining unit or (2) all members within each of the following categories: nonsafety or safety members referenced pursuant to specified provisions in PEPRA. The CERL requires specified death benefits, benefits in lieu of death benefits, and lump-sum benefits paid to surviving spouses of deceased members to be calculated using the annual compensation earned by the deceased, as provided. This bill would instead require those benefits to be calculated using the pensionable compensation earned by the deceased member, for a member subject to PEPRA. The CERL allows certain benefits to members who reenter county service after an absence from serving in the Armed Forces, and requires the contributions for those benefits to be calculated or determined using his or her compensation earnable at the commencement of the absence. This bill would instead require those contributions to be calculated or determined using the pensionable compensation earned at the commencement of the absence for a member subject to PEPRA. The CERL authorizes the governing board of the county or district to elect to contribute for any member who reenters county service after an absence from serving in the Armed Forces amounts equal to the contributions which would have been made by the member and the employer to the system on the basis of compensation earnable at the commencement of the absence, as specified. This bill would provide that the authorization does not apply to a member subject to PEPRA.
Who sponsors AB 2474?
AB 2474 is sponsored by Committee on Public Employees, Retirement and Social Security.
What is the current status of AB 2474?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2474?
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