AB 2028 California Assembly · 2015-2016 Regular Session

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 status signed all 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Assembly Passage
Apr 2016
Senate Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Feb 16, 2016 Signed Sep 29, 2016
Floor votes · Senate Aug 11, 2016 · Assembly Aug 23, 2016

How they voted

32–0
Passed · 2 other
Total votes 34
Aug 11, 2016
D Democratic24
22 Yea 2
91% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
8
Committee
10
Amendments
1
Sep 29, 2016
Signed into law
Approved by the Governor.
legislature
Aug 23, 2016
Assembly · Passed
Assembly Vote: pass (74-0-1)
assembly
Aug 23, 2016
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6104.).
lower
Aug 11, 2016
Senate · Passed
Senate Vote: pass (32-0-2)
senate
Aug 11, 2016
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77.
lower
Aug 1, 2016
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Jun 27, 2016
Committee
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.
upper
Jun 13, 2016
Committee
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.
upper
Jun 8, 2016
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 5, 2016
Committee
Referred to Com. on P.E. & R.
upper
Apr 20, 2016
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20).
lower
Apr 6, 2016
Committee
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.
lower
Feb 29, 2016
Committee
Referred to Com. on P.E., R., & S.S.
lower
Feb 17, 2016
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jim Cooper
Jim Cooper
DDemocratic
CA
9