AB 1971 California Assembly · 2021-2022 Regular Session

County Employees Retirement Law of 1937.

Summary
The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension and other benefits to county and district employees. CERL generally vests responsibility for management of a retirement system created pursuant to its provisions in a board of retirement (board) . CERL authorizes a member who returns to active service following an uncompensated leave of absence on account of illness or parental leave to receive service credit for the period of the absence upon the payment of the contributions, as specified. CERL prescribes limits on these benefits and processes for making contributions. CERL authorizes the provision of service credit to members in other specified instances while generally providing that a person is not entitled to service credit for time the person was not in service. This bill would allow a member who returns to active service following an uncompensated leave of absence because of the serious illness of a family member when the absence is eligible for coverage, as specified, to receive service credit for the period of the absence, upon the payment of the member and employer contributions that would have been paid during that period, together with the interest that would have been earned. The bill would prescribe requirements for, and limits on, this benefit and would condition its operation on approval by resolution, as specified, by the county board of supervisors. This bill would authorize the board to grant members who are subject to a temporary mandatory furlough the same service credit and compensation earnable or pensionable compensation to which the members would have been entitled in the absence of the temporary mandatory furlough. The bill would authorize the board to condition this grant on specified factors. CERL generally prohibits a member retired from service from being paid for service rendered to a county or district after retirement, subject to certain exceptions, and prescribes requirements for reinstatement into a retirement system upon reemployment. CERL and the California Public Employees' Pension Reform Act of 2013 authorize reemployment of, and service by, retired members in certain capacities after retirement without reinstatement into the applicable retirement system, and prescribe limits on this service. This bill would authorize a person who is retired and receiving a retirement benefit from a county system to serve as a nonsalaried member without reinstatement for service on a part-time board or commission, as specified. The bill would prohibit a retired person acting in this capacity from acquiring benefits, service credit, or retirement rights with respect to the service, but would authorize the receipt of any per diem that is authorized to all members of the board or commission. CERL regulates disability retirements and authorizes a retirement board to grant a service retirement allowance pending the determination of the entitlement to disability retirement. If a member is found eligible for disability retirement, CERL requires that appropriate adjustments be made in the member's retirement allowance retroactive to the effective date of their disability retirement. CERL prohibits this authorization from being construed to authorize a member to receive more than one type of retirement allowance for the same period of time or to entitle a beneficiary to receive benefits which the beneficiary would not otherwise have been entitled to receive. This bill would apply specified provisions in this regard to a member retired for service who subsequently files an application for disability retirement and, if the member is found to be eligible for disability retirement, would require appropriate adjustments to be made in the retirement allowance retroactive to the effective date of the disability retirement. CERL authorizes a member or a retired member, until the first payment of a retirement allowance is made, to elect to have the actuarial equivalent of a retirement allowance, as of the date of retirement, applied to a lesser retirement allowance payable throughout life in accordance with specified optional settlements. This bill would authorize a member retired for service who is subsequently granted a disability retirement to change the type of optional or unmodified allowance that they elected at the time the service retirement was granted, as specified.
Bill status signed all 5 stages cleared
Introduction
Feb 2022
Committee Review
Jun 2022
Assembly Passage
May 2022
Senate Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Feb 10, 2022 Signed Sep 25, 2022
Floor votes · Senate Aug 8, 2022 · Assembly May 26, 2022

How they voted

350
Passed · 2 other
Total votes 37
Aug 8, 2022
D Democratic29
28 Yea 1
96% Yea
R Republican8
7 Yea 1
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
8
Committee
5
Amendments
6
Sep 25, 2022
Signed into law
Approved by the Governor.
legislature
Aug 22, 2022
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 5974.).
lower
Aug 8, 2022
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77.
lower
Aug 8, 2022
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4679.).
upper
Jun 30, 2022
Upper · Passed
Read second time and amended. Ordered to consent calendar.
upper
Jun 29, 2022
Introduced
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 5. Noes 0.) (June 29).
upper
Jun 9, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
upper
Jun 8, 2022
Committee
Referred to Com. on L., P.E. & R.
upper
May 26, 2022
Assembly · Passed
Assembly Vote: pass (59-0-16)
assembly
May 25, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 0. Page 5020.)
lower
Apr 20, 2022
Lower · Passed
From committee: Do pass. (Ayes 4. Noes 0.) (April 20).
lower
Apr 19, 2022
Committee
Re-referred to Com. on P.E. & R.
lower
Apr 18, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
lower
Feb 18, 2022
Committee
Referred to Com. on P.E. & R.
lower
Feb 11, 2022
Lower · Passed
From printer. May be heard in committee March 13.
lower
1 primary · 0 co-sponsors

Sponsors

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