California 2015-2016 Regular Session Status: To Executive

AB 1853 — County employees' retirement: districts: retirement system governance.

Last action — Vetoed by Governor.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to their employees. CERL defines a district for these purposes, includes specified county retirement systems within that definition, and permits a district to participate in CERL retirement systems. CERL generally provides that the personnel of a county retirement system are county employees, subject to county civil service provisions and salary ordinances, but also authorizes the boards of retirement in specified counties to adopt provisions providing for the appointment of personnel who are to be employees of the retirement system, as well as other administrative provisions that reflect the independence of the retirement system from the county. The California Public Employees' Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and establishes new retirement formulas that a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013, may not exceed. PEPRA authorizes individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, to be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to reciprocity, as specified. This bill would authorize the retirement board of any retirement system operating under CERL to elect, by resolution, to be a district under the law. The bill would authorize a board to adopt, by resolution, specified administrative provisions that would classify various personnel of the retirement system as employees of the retirement system and not employees of the county. The bill would require the retirement system to notify, and to meet and discuss with, participating employers in the retirement system, the employees of the system, and an employee organization of the retirement system's intent to exercise this authority at least 60 days before considering a resolution to make these provisions applicable. The bill would grant an employee organization representing people who work for the retirement system, and an unrepresented person who works for the retirement system, the right to elect to be employees of the retirement system, which would be irrevokable, except as specified, and the status of the affected employee positions would remain changed for successor employees. In regard to county employees who would become retirement system employees, the bill would prescribe requirements in connection with their compensation and employment benefits and status. These provisions would include maintaining their county retirement benefits that would otherwise be reduced under PEPRA, keeping their employment classifications, and affording employees the opportunity to continue participation in group health and dental plans, among other plans and programs. The bill would also prescribe requirements regarding labor negotiations and the continuity of labor agreements. The bill would grant a retirement system electing these provisions the authority to adopt the regulations and enter into the agreements necessary to implement them. The bill would require counties to cooperate and act in a timely manner to establish and implement agreements in this regard. The bill would authorize retirement systems currently operating under alternative administrative structures also to adopt these provisions. The bill would also extend this authorization and the associated provisions to a board of investment, as specified. The bill would make technical and conforming changes. (2) CERL authorizes the retirement boards of 5 specified counties to appoint assistant administrators and chief investment officers who, following appointment, are outside county charter, civil service, and merit system rules, except as specified. CERL provides that these administrators and officers are employees of the county, as specified, while serving at the pleasure of the appointing boards, and they may be dismissed without cause. This bill would remove the limitation on these provisions to certain counties, thereby making them applicable to all CERL retirement systems. (3) Existing law permits a board of retirement operating under CERL to issue subpoenas and to compensate persons who are subpoenaed. Existing law permits a board to delegate its subpoena power to a referee or administrator who is appointed pursuant to specified authority. This bill would authorize specified retirement systems operating as districts to delegate the subpoena power, as described above.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 20. Page 6186.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11. Page 4957.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 4. Noes 1.) (June 27).

  8. 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.

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

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 21. Page 5049.)

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered returned to second reading.

  14. From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (May 4).

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

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

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

  18. From printer. May be heard in committee March 12.

  19. Read first time. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Cooper

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 1853 COOPER Concurrence in Senate Amendments

Passed 57 Yea · 20 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 511603
Democratic 5000
Republican 1400
Total 572003
% of votes cast 71%25%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Linder — Not Voting
Maienschein — Yea
Nazarian — Not Voting
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kim — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Atkins — Yea
Mullin — Yea
Alejo — Yea
Campos — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Dodd — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Wagner — Yea
Waldron — Yea
Weber — Yea
Lopez — Nay
Gatto — Nay
Hadley — Nay
Harper — Nay
Baker — Nay
Cooley — Nay
Mathis — Nay
Obernolte — Nay
Steinorth — Nay
Wilk — Nay
Gordon — Nay
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1853 Cooper By Moorlach

Passed 25 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231003
Democratic 2100
Total 251103
% of votes cast 64%28%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hill — Nay
Huff — Not Voting
Lara — Yea
Liu — Yea
Moorlach — Yea
Roth — Yea
Wolk — Yea
Glazer — Nay
Pan — Yea
De León — Yea
Cannella — Nay
Fuller — Nay
Mitchell — Nay
Allen — Not Voting
Galgiani — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Morrell — Nay
Hall — Yea
Moorlach — Yea
Pan — Yea
Beall — Yea

Official roll call →

AB 1853 COOPER Assembly Third Reading

Passed 45 Yea · 21 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 4017013
Democratic 4001
Republican 1400
Total 4521014
% of votes cast 56%26%0%18%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Kim — Not Voting
Linder — Not Voting
Low — Yea
Maienschein — Nay
Mathis — Not Voting
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Wagner — Yea
Weber — Not Voting
Eggman — Yea
Cooper — Yea
Frazier — Yea
Gatto — Nay
Burke — Yea
Gomez — Yea
Bonilla — Yea
Harper — Nay
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
McCarty — Nay
Melendez — Yea
Mullin — Yea
Atkins — Yea
O'Donnell — Yea
Salas — Nay
Campos — Yea
Olsen — Yea
Lopez — Nay
Rendon — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Nay
Dababneh — Yea
Dodd — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wilk — Nay
Wood — Yea
Gray — Not Voting
Gordon — Nay
Hadley — Nay
Baker — Nay
Daly — Not Voting
Medina — Not Voting
Steinorth — Not Voting
Williams — Not Voting
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 0001
Unaffiliated 3002
Republican 1000
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
O'Donnell — Not Voting
Wagner — Yea
Cooper — Yea
Cooley — Not Voting
Cristina Garcia — Yea
Bonta, Mia Democratic Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1853 do?
(1) 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 their employees. CERL defines a district for these purposes, includes specified county retirement systems within that definition, and permits a district to participate in CERL retirement systems. CERL generally provides that the personnel of a county retirement system are county employees, subject to county civil service provisions and salary ordinances, but also authorizes the boards of retirement in specified counties to adopt provisions providing for the appointment of personnel who are to be employees of the retirement system, as well as other administrative provisions that reflect the independence of the retirement system from the county. The California Public Employees' Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and establishes new retirement formulas that a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013, may not exceed. PEPRA authorizes individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, to be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to reciprocity, as specified. This bill would authorize the retirement board of any retirement system operating under CERL to elect, by resolution, to be a district under the law. The bill would authorize a board to adopt, by resolution, specified administrative provisions that would classify various personnel of the retirement system as employees of the retirement system and not employees of the county. The bill would require the retirement system to notify, and to meet and discuss with, participating employers in the retirement system, the employees of the system, and an employee organization of the retirement system's intent to exercise this authority at least 60 days before considering a resolution to make these provisions applicable. The bill would grant an employee organization representing people who work for the retirement system, and an unrepresented person who works for the retirement system, the right to elect to be employees of the retirement system, which would be irrevokable, except as specified, and the status of the affected employee positions would remain changed for successor employees. In regard to county employees who would become retirement system employees, the bill would prescribe requirements in connection with their compensation and employment benefits and status. These provisions would include maintaining their county retirement benefits that would otherwise be reduced under PEPRA, keeping their employment classifications, and affording employees the opportunity to continue participation in group health and dental plans, among other plans and programs. The bill would also prescribe requirements regarding labor negotiations and the continuity of labor agreements. The bill would grant a retirement system electing these provisions the authority to adopt the regulations and enter into the agreements necessary to implement them. The bill would require counties to cooperate and act in a timely manner to establish and implement agreements in this regard. The bill would authorize retirement systems currently operating under alternative administrative structures also to adopt these provisions. The bill would also extend this authorization and the associated provisions to a board of investment, as specified. The bill would make technical and conforming changes. (2) CERL authorizes the retirement boards of 5 specified counties to appoint assistant administrators and chief investment officers who, following appointment, are outside county charter, civil service, and merit system rules, except as specified. CERL provides that these administrators and officers are employees of the county, as specified, while serving at the pleasure of the appointing boards, and they may be dismissed without cause. This bill would remove the limitation on these provisions to certain counties, thereby making them applicable to all CERL retirement systems. (3) Existing law permits a board of retirement operating under CERL to issue subpoenas and to compensate persons who are subpoenaed. Existing law permits a board to delegate its subpoena power to a referee or administrator who is appointed pursuant to specified authority. This bill would authorize specified retirement systems operating as districts to delegate the subpoena power, as described above.
Who sponsors AB 1853?
AB 1853 is sponsored by Cooper.
What is the current status of AB 1853?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 1853?
Track AB 1853 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1853

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1853

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →