AB 2028 — Public employees' retirement: involuntary termination: reinstatement.

Summary

Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. PERS provides defined benefits to members based on final compensation, credited service, and age at retirement, subject to certain variations. PERL requires a person who has retired under PERS following an involuntary termination of his or her employment to be reinstated to membership in that system, effective as of the date from which salary is awarded, if the person is reinstated to employment pursuant to an administrative or judicial proceeding and certain other conditions are met, as specified. PERL also requires the assets of the system, including, but not limited to, employee contributions, employer contributions, and investment income, to be deposited into the Public Employees' Retirement Fund, a continuously appropriated fund. This bill would additionally require the reinstatement in PERS of a member, without regard to retirement status, who is involuntarily terminated on or after January 1, 2017, and subsequently reinstated to that employment pursuant to an administrative, arbitral, or judicial proceeding. The bill would require contributions to be made to the system for any period for which salary is awarded in the proceeding and would provide the member with service credit for that period and reinstatement of benefits effective as of the date from which salary is awarded, as specified. The bill would require an employer of the involuntarily terminated employee to notify the board of the final decision ordering the member's reinstatement, as specified. By increasing contributions to be deposited into the Public Employees' Retirement Fund, a continuously appropriated fund, the bill would make an appropriation. By requiring local government employers to provide this notification and information, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

• Chaptered 09/29/16 - Chaptered Current pdf September 29, 2016
• Enrolled 08/25/16 - Enrolled pdf August 25, 2016
• Amended 06/13/16 - Amended Senate pdf June 13, 2016
• Introduced 02/16/16 - Introduced pdf February 16, 2016
• AB2028 View text html

Action History

1. September 29, 2016

   Chaptered by Secretary of State - Chapter 794, Statutes of 2016.

2. September 29, 2016

   Approved by the Governor.

3. August 30, 2016

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

4. August 23, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6104.).

5. August 11, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77.

6. August 11, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4873.).

7. August 02, 2016

   Read second time. Ordered to Consent Calendar.

8. August 01, 2016

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

9. June 27, 2016

   From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR.

10. June 13, 2016

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

11. June 08, 2016

    In committee: Set, first hearing. Hearing canceled at the request of author.

12. May 05, 2016

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

13. April 28, 2016

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

14. April 28, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4594.)

15. April 21, 2016

    Read second time. Ordered to Consent Calendar.

16. April 20, 2016

    From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20).

17. April 06, 2016

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 6). Re-referred to Com. on APPR.

18. February 29, 2016

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

19. February 17, 2016

    From printer. May be heard in committee March 18.

20. February 16, 2016

    Read first time. To print.

Sponsors

• Cooper · Primary

Votes

Subjects