Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, except as specified, authorizes adverse action to be taken against any employee, or person whose name appears on any employment list, for specified causes of discipline. This bill, except as specified, would prohibit an employee from being disciplined for cause unless the conduct constituting cause is reasonably related to the employee's fitness, qualifications, or ability to perform the duties of the position. The bill would prohibit its provisions from being construed to limit any procedural or substantive protections otherwise provided by statute, regulation, or memorandum of understanding. This bill would require the Department of Corrections and Rehabilitation to develop and implement, no later than January 1, 2030, an employee training or diversion program as an available alternative to monetary disciplinary penalties for any correctional peace officer employed by a department, division, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. The bill would require the appointing authority to consider whether an employee is eligible for participation in the program before imposing a monetary disciplinary penalty on the employee for any act or omission giving rise to a cause for discipline. The bill would authorize the appointing authority to impose more serious penalties if the nature and frequency of the conduct of the correctional peace officer constitutes serious and grave misconduct and the appointing authority states in writing the specific facts supporting that determination and documents why participation in the training or diversion program would be inappropriate. The bill would require the Department of Corrections and Rehabilitation, beginning on January 1, 2031, and annually thereafter, to submit a report to appropriate policy and fiscal committees of the Legislature that includes specified information about the program.
Existing law requires every state agency to develop and implement a telecommuting plan as part of its telecommuting program in work areas where telecommuting is identified as being both practical and beneficial to the organization. Existing law requires the Department of General Services to establish a unit for purposes of overseeing telecommuting programs that is required to, among other things, develop and update policy, procedures, and guidelines to assist agencies in the planning and implementation of telecommuting programs. Existing law requires the department to establish criteria for evaluating the state's telecommuting program. Existing law defines "telecommuting" for purposes of those provisions. This bill would revise and recast those provisions. The bill would replace the term "telecommuting" with "telework," as defined. The bill would also require the Department of General Services to establish a telework dashboard that displays the cost-effectiveness and efficiency benefits of state telework programs, including documenting annual savings to the state of reduced office space and operating costs. The bill would additionally require each state agency, every 10 years, to evaluate its telework program to ensure that it aligns with the state agency's unique operational needs to carry out its programmatic missions and to help recruit and retain a qualified workforce. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law grants to higher education employees the right to form, join, and participate in the activities of employee organizations for purposes of representation on all matters of employer-employee relations and for the purpose of meeting and conferring. Existing law, for the California State University, prohibits written memoranda reached that require budgetary or curative action by the Legislature or other agencies from being effective unless that action has been taken, and requires an appropriate request for financing or budgetary funding for all state-funded employees or for necessary legislation to be forwarded to the Legislature and the Governor or other funding agencies. Existing law requires the entire memorandum to be referred back to the parties for further meeting and conferring when the memorandum requires legislative action and the Legislature or the Governor fails to fully fund the memorandum or take the requisite curative action, except as specified. This bill would require the above-described determination of whether a memorandum requires legislative action and the Legislature or the Governor fails to fully fund the memorandum or take the requisite curative action to be made by the Public Employment Relations Board by written notification to the parties.
Existing law provides for the establishment of apprenticeship programs in various trades, to be approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment. This bill would require, on or before January 1, 2029, the Department of Industrial Relations (DIR) and the Department of Human Resources to partner with the bargaining units representing employees of DIR to design and develop an apprenticeship pilot program that addresses DIR's staffing challenges. The bill would require the design, development, and administration of the program to meet specified requirements, including being consistent with the constitutional merit principle applicable to civil service employment. The bill would require the program to meet specified requirements, including that the apprenticeship program classification pay scales be determined by the collective bargaining process. The bill would include related legislative findings and declarations.
Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. This bill would require the state to bargain in good faith with firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, to reach a competitive range within 15% of the average salary for corresponding ranks in 20 California fire departments agreed to by the exclusive bargaining representative for Bargaining Unit 8 and the Department of Human Resources. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey the estimated average salaries for those 20 fire departments and report the findings, as provided. The bill would provide that nothing in the bill creates an entitlement to an automatic salary increase. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include legislative findings and declarations related to its provisions.
(1) Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. Existing law requires employers and employees to make contributions to the system based on the member's creditable compensation. Existing law defines terms for the purposes of STRS. Existing law defines "employer" or "employing agency" to mean the state or any agency or political subdivision thereof, including a joint powers authority, as specified. Existing law also defines "membership" under the Teachers' Retirement Law to mean membership in the Defined Benefit Program, except as specified. This bill would provide that the board has final authority for determining an "employer" or "employing agency" for purposes of the Teachers' Retirement Law and related provisions governing teachers' health care benefits. The bill would also provide that the board has final authority for determining membership in STRS, as specified. Existing law authorizes the governing board of a school district or community college district to establish regulations, subject to specified requirements, to permit an employee who is a member of the Defined Benefit Plan to reduce their workload from full time to part time and have retirement benefits calculated as if the employee was employed full time. Existing law requires the agreement to reduce a member's workload to be terminated if one of specified actions is taken, including if the member performs less than 12 of the days or hours the employer requires for full time in that position. This bill would revise that provision to instead require the agreement to be terminated if the member earns less than 12 of the annualized pay rate, as defined. Existing law makes a continuous annual appropriation from the General Fund to the Controller for transfer to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund, as specified. Existing law requires that transfers made to that account occur on October 15 and April 15 of each fiscal year with each payment to be 50% of the annual appropriation. This bill would provide that if either date falls on a weekend or holiday, the funds will be transferred the next business day. Existing law also makes certain continuous annual appropriations from the General Fund to the Controller for transfer to the Teachers' Retirement Fund, as specified. Existing law requires the total amounts to be divided into 4 equal payments made on July 1, October 1, December 15, and April 15 of each fiscal year, or the following business day after. This bill would delete the above-described reference to "on the following business day after" and would instead specify that if any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. Existing law establishes procedures governing the recovery of amounts that have been overpaid due to an error by STRS and requires recovery with interest, as specified. Existing law requires a specified amount to be made as a continuous appropriation from the General Fund to the Controller each July 1, for transfer to the Teachers' Retirement Fund. This bill would provide that if July 1 falls on a weekend or holiday, those funds shall be transferred the next business day. (2) Existing law, the State Teachers' Retirement System Cash Balance Plan, prescribes retirement, disability, and death benefits for part-time educational employees and provides for the administration and operation of the plan. Existing law defines "employer" for purposes of those provisions to mean a school district, community college district, or county office of education that has elected to provide the benefits of that law to persons employed to perform creditable service. This bill would provide that the Teachers' Retirement Board has final authority for determining an "employer" for purposes of that law. (3) 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. Existing law vests management and control of PERS in its board of administration. PERS provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law, the California Public Employees' Pension Reform Act of 2013 (PEPRA) , on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with PEPRA, as specified. Among other things, PEPRA prohibits a public employer from offering a defined benefit pension plan exceeding specified retirement formulas and requires new members of public retirement systems to contribute at least a specified amount of the normal cost, as defined. PEPRA defines "pensionable compensation" for a new member of any public retirement system to mean the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis, as specified. Under PERL, the highest annual average compensation during any consecutive 12- or 36-month period of employment as a member of a retirement system maintained by the University of California is considered compensation earnable by a member of PERS for purposes of computing final compensation for the member providing that member retires concurrently under both systems. This bill would instead specify that the highest annual average compensation in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. PERL defines "state service" solely for purposes of qualification for benefits and retirement allowances under PERS to also include service rendered as an officer or employee of a county if the salary for the service constitutes compensation earnable by a member of PERS, as prescribed. This bill would instead provide that "state service" in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. PERL also provides that the highest annual compensation during any 12- or 36-month period of employment as a member of a county retirement system is considered compensation earnable by a member of PERS for purposes of computing final compensation, as prescribed. This bill would instead specify that the highest annual average compensation in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. Under PERL, the compensation earnable during any period of service as a member of the Judges' Retirement System, the Judges' Retirement System II, the Legislators' Retirement System, or the Defined Benefit Program of the State Teachers' Retirement Plan is considered compensation earnable as a member of PERS for purposes of computing final compensation for the member, if that member retires concurrently under both systems. This bill would instead specify that the compensation during any period of service, as described above, is considered compensation earnable or pensionable compensation under PEPRA, whichever is applicable, for purposes of computing final compensation. (4) Existing law, 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. Under existing law, 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. Existing law provides that, for a member who is subject to PEPRA, a specified definition of "final compensation" contained in that law applies for all or any portion of their membership in the county retirement system. Existing law provides that when determining final compensation for a member who does not have 3 consecutive years of earned pensionable compensation due to an absence, the compensation for any absence is based on the pensionable compensation of the position held by the member immediately prior to the absence. This bill would delete that latter provision. The bill would revise the above provision concerning PEPRA to specify that the compensation for any absence is based on the pensionable compensation of the position held by the member at the beginning of the absence. Existing law provides that local prosecutors, local public defenders, and local public defender investigators are eligible to participate in CERL, as specified. Under existing law, past service as a general member is required to be converted to safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to that provision. This bill would revise that provision to specify that it applies to service before January 1, 2013. The bill would specify that on and after January 1, 2013, any enhancement to safety service is subject to a provision of PEPRA governing the retirement formulas and benefits of all public employees. Existing law prohibits a person who has been retired under CERL from being employed in any capacity thereafter by a county or district of the retirement system unless the person has first been reinstated from retirement or is authorized under CERL or PEPRA. Existing law provides that if an employer fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed in any capacity, without reinstatement, within 30 days of the effective date of hire, the board may assess the employer a fee of $200 per retired member per month until the retired member is enrolled in those administrative aspects of the system. This bill would instead provide that if an employer fails to report the above-described information, in a format determined by the system, and within the above-described timeframe, the board may assess that $200 fee until the information is reported. Existing law also authorizes the board to assess the employer a fee of $200 per retired member per month if an employer fails to report the pay rate and number of hours worked by a retired member, without reinstatement, within 30 days following the last day of the pay period in which the retired member worked. This bill would delete the 30-day period described above and instead would replace it with "at periods determined by the system." This bill would incorporate additional changes to Section 7522.02 of the Government Code proposed by SB 443 to be operative only if this bill and SB 443 are enacted and this bill is enacted last.
Existing law, the County Employees Retirement Law of 1937 (CERL) , prescribes the rights, benefits, and duties of members of the retirement systems established pursuant to its provisions. Existing law prohibits a resolution, ordinance, contract, or contract amendment under CERL from providing retirement benefits for some, but not all, general members of a county or district. This bill would prohibit a county or district whose officers and employees are enrolled as members of a retirement system under CERL from excluding from membership in the system any employee, group, or classification, other than those excludable officers and employees, as defined. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and charter counties. The bill would also include findings that its provisions are declaratory of existing law.
Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. This bill would require the state to pay firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, within 15% of the average salary for corresponding ranks in 20 listed California fire departments. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey annually and calculate the estimated average salaries for those fire departments. The bill would also require the Department of Human Resources, on or before January 1, 2027, to conduct and report to the Department of Forestry and Fire Protection a cursory survey on the salaries and benefits for the prior year of each of the fire chiefs for 5 listed California fire departments. The bill would provide that when determining compensation for uniformed classifications of the Department of Forestry and Fire Protection, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed, as well as other factors, including internal comparisons. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include legislative findings and declarations related to its provisions.
Existing law that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization's representation. The bill would also prohibit a public employer from compelling a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose those confidential communications to a third party. The bill would not apply to a criminal investigation or when a public safety officer is under investigation and certain circumstances exist.
The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System (PERS) to provide a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law creates the Public Employees' Retirement Fund, which is continuously appropriated for purposes of PERS, including depositing employer and employee contributions. Under the California Constitution, assets of a public pension or retirement system are trust funds. The California Public Employees' Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits. Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. This bill, for service performed on and after January 1, 2027, would prohibit the pensionable compensation for calendar year 2027 used to calculate the defined benefit paid to a new member of a retirement system subject to PEPRA who retires from the system from exceeding specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance benefits. The bill would make related, conforming changes to these provisions on pensionable compensation. The bill also would require a new member of STRS to be subject to specified limits of the Teachers' Retirement Law. PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57. This bill would establish new retirement formulas, for employees first hired on or after January 1, 2027, as 2.5% at age 55, 2.7% at age 55, or 3% at age 55, subject to certain exceptions. For new members hired on or after January 1, 2013, who are safety members, the bill would require employers to adjust the formulas for service performed on or after January 1, 2027, to offer the formula that has the same fraction at age 55 as the fraction at age 57 in the formula the employer offered pursuant to existing law. The bill would authorize a public employer and a recognized employee organization to negotiate a prospective increase to the retirement benefit formulas for safety members and new safety members, consistent with the formulas permitted under PEPRA, including the new formulas described above. This bill would authorize an employer and its employees to agree in a memorandum of understanding to be subject to a higher safety plan or a lower safety plan, subject to certain requirements, including that the memorandum of understanding is collectively bargained in accordance with applicable laws. By increasing the contribution to continuously appropriated funds, and by increasing expenditures from those funds, this bill would make an appropriation.
