BILL NUMBER: SB 1018 INTRODUCED BILL TEXT INTRODUCED BY Senator Perata FEBRUARY 23, 2001 An act to amend Section 20370 of, and to add Sections 20050.5, 20384, 20890.5, 21353.1, 21353.2, 21623.7, 31469.2, and 31676.2 to, the Government Code, relating to public employees' retirement. LEGISLATIVE COUNSEL'S DIGEST SB 1018, as introduced, Perata. Public retirement systems: local prosecutors and public defenders. City and county prosecutors and public defenders are local miscellaneous members of the Public Employees' Retirement System and general members of retirement systems established pursuant to the County Employees Retirement Law of 1937. This bill would establish the "local prosecutor and local public defender member" category in both retirement plans. Local prosecutor and local public defender members of the Public Employees' Retirement System would be eligible for an alternative 2% at age 50 service retirement formula and for continuance of a portion of their retirement allowance to survivors without modification of their service retirement allowance. Local prosecutor and local public defender members employed by contracting agencies that have elected the 2% at age 50 retirement formula or the 3% at age 50 retirement formula for local safety members would also be eligible for that formula. Local prosecutor and local public defender members of county retirement systems would be eligible for the 2% at age 50 retirement formula, the 3% at age 50 retirement formula, or the 3% at age 55 retirement formula if any of those formulae are applicable to safety members in the county. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 20050.5 is added to the Government Code, to read: 20050.5. "Local prosecutor and local public defender member service" means service rendered as a local prosecutor and local public defender member only while receiving compensation for that service and service rendered in positions that have been reclassified as positions within the definition of "local prosecutor and local public defender member." SEC. 2. Section 20370 of the Government Code is amended to read: 20370. (a) "Member" means an employee who has qualified for membership in this system and on whose behalf an employer has become obligated to pay contributions. (b) "State member" includes: (1) State miscellaneous members. (2) University members. (3) Patrol members. (4) State safety members. (5) State industrial members. (6) State peace officer/firefighter members. (c) "Local member" includes: (1) Local miscellaneous members. (2) Local safety members. (3) Local prosecutor and local public defender members. (d) "School member" includes all employees within the jurisdiction of a school employer, other than local policemen and school safety members. SEC. 3. Section 20384 is added to the Government Code, to read: 20384. (a) "Local prosecutor and local public defender member" means city or county employees who are primarily engaged in the active enforcement of, or defense of indigents charged with violations of, criminal laws within any court operating in a county, and whose job classification is district attorney, deputy district attorney, chief deputy district attorney, assistant district attorney, chief assistant district attorney, city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, public defender, deputy public defender, chief deputy public defender, assistant public defender, chief assistant public defender, chief trial attorney, alternate public defender, deputy alternate public defender, assistant alternate public defender, chief alternate public defender, conflict public defender, chief conflict public defender, deputy conflict public defender, assistant conflict public defender, or any similar classification or title. (b) The provisions of this section shall not apply to any member who files an election with the board to be a miscellaneous member before February 1, 2002, or within 30 days after employment in that position. (c) Except as expressly otherwise provided, the provisions of this part applicable to local miscellaneous members shall apply to local prosecutor and local public defender members. SEC. 4. Section 20890.5 is added to the Government Code, to read: 20890.5. Past local miscellaneous service shall be converted to local prosecutor and local public defender service if the past service: (a) Was rendered by a current employee of the same agency for which the miscellaneous service was performed; and (b) Was rendered in a position that has subsequently been reclassified as a local prosecutor and local public defender position; and (c) Is credited to an employee who has other local prosecutor and local public defender service credit for service performed with the agency. SEC. 5. Section 21353.1 is added to the Government Code, to read: 21353.1. (a) Except as otherwise provided in Section 21353.2, the combined prior and current service pension for a local prosecutor and local public defender member with respect to service to a contracting agency subject to this section, upon retirement after attaining the age of 50 years, is a pension derived from contributions of an employer sufficient, when added to that portion of the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his or her retirement, to equal one-fiftieth of his or her final compensation multiplied by that number of years of local prosecutor and local public defender service that is credited to him or her as a local prosecutor and local public defender member subject to this section at retirement. (b) In no event shall the total pension for all service under this section exceed an amount that, when added to the service retirement annuity related to that service, equals 85 percent of final compensation. If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of those pensions equals the maximum. (c) This section shall not apply to a person whose effective date of retirement is prior to January 1, 2002. (d) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier age of service retirement made possible by the benefits under this section. (e) The percentage of final compensation provided in this section shall be reduced by one-third as applied to that part of the member's final compensation that does not exceed four hundred dollars ($400) per month for service after the effective date of coverage of a member under the federal system. This subdivision shall not apply to a member who retires after the date upon which coverage under the federal system of persons in his or her employment terminates. SEC. 6. Section 21353.2 is added to the Government Code, to read: 21353.2. (a) A contracting agency may elect to make Section 21362 applicable to local prosecutor and local public defender members if that section is applicable to the agency's local safety members. (b) A contracting agency may elect to make Section 21362.2 applicable to local prosecutor and local public defender members if that section is applicable to the agency's local safety members. SEC. 7. Section 21623.7 is added to the Government Code, to read: 21623.7. (a) In lieu of benefits provided by Sections 21620, 21622, and 21623.5, upon the death of a local prosecutor and local public defender member whose retirement for service or disability is effective on or after January 1, 2002, a monthly allowance derived from employer contributions equal to a percentage of the amount of his or her retirement allowance as it was at his or her death based on service credited to him or her as a member subject to this section, but excluding any portion of the retirement allowance derived from additional contributions of the member, shall be paid to the surviving spouse throughout life. That percentage shall be 25 percent for an allowance based on service for which the allowance is reduced because the service was also covered under the federal system and 50 percent for an allowance based on any other service. (b) If at the time of the retired member's death there is no surviving spouse, or upon death of the spouse before every child of the deceased member attains the age of 18 years, the allowance under this section shall be paid to his or her child or children under that age, collectively, until every child dies or attains that age. No child shall receive any allowance after marrying or attaining the age of 18 years. (c) If at the time of the retired member's death there is no surviving spouse or children under the age of 18 years, the allowance under this section shall be paid to a parent or collectively to parents of the deceased member dependent upon him or her for support. (d) If on the effective date of his or her retirement, the member has no surviving spouse, eligible children, or dependent parents and elected an optional settlement, no allowance under this section shall be paid. (e) "Surviving spouse," for purposes of this section, means a husband or wife who was married to the member for a continuous period beginning at least one year prior to his or her retirement and ending on the date of the member's death. SEC. 8. Section 31469.2 is added to the Government Code, to read: 31469.2. (a) "Local prosecutor and local public defender member" means all city or county officers and employees who are primarily engaged in the active enforcement of, or defense of indigents charged with violations of, criminal laws within any court operating in a county, and whose job classification is district attorney, deputy district attorney, chief deputy district attorney, assistant district attorney, chief assistant district attorney, city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, public defender, deputy public defender, chief deputy public defender, assistant public defender, chief assistant public defender, chief trial attorney, alternate public defender, deputy alternate public defender, assistant alternate public defender, chief alternate public defender, conflict public defender, chief conflict public defender, deputy conflict public defender, assistant conflict public defender, or any similar classification or title. (b) While holding any other position in county or district service, those officers and employees shall remain members but not local prosecutor and local public defender members. A local prosecutor and local public defender member shall remain a local prosecutor and local public defender member only while the principal duties of his or her position consist of active enforcement of, or defense of indigents charged with violations of, criminal laws. (c) Except as expressly otherwise provided, the provisions of this chapter applicable to members other than safety members apply to local prosecutor and local public defender members. (d) Notwithstanding any of the provisions of this chapter to the contrary, each person employed in any position defined in this section shall become a local prosecutor and local public defender member on the first day of the calendar month following his or her entrance into service unless he or she files a written election not to become a local prosecutor and local public defender member before February 1, 2002, or within 30 days after employment in that position. (e) Notwithstanding any other provision of this chapter to the contrary, any person employed in any position defined in this section who elects to be a local prosecutor and local public defender member shall receive credit as a local prosecutor and local public defender member for all of the time during which he or she was employed in those positions prior to becoming a local prosecutor and local public defender member. SEC. 9. Section 31676.2 is added to the Government Code, to read: 31676.2. (a) Section 31664 shall be a applicable to local prosecutor and local public defender members if that section is applicable to the safety members in the county. (b) In any county that has made Section 31664.1 applicable, that section shall be applicable to local prosecutor and local public defender members. (c) In any county that has made Section 31664.2 applicable, that section shall be applicable to local prosecutor and local public defender members.
ORANGE COUNTY ATTORNEY ASSOCIATION TO: ALL ATTORNEYS AND PD INVESTIGATORS FROM: CHRIS KRALICK AND DON LANDIS SUBJECT: SB 1018 - CALL TO ACTION NOW! DATE: 7/3/01 ·SB 1018 (PERATA) IS SET FOR THE ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY COMMITTEE HEARING ON WEDNESDAY, JULY 11TH AT 9:00AM IN ROOM 444 OF THE STATE CAPITOL. In the next 8 days, we need to contact the Assembly Public Employees, Retirement and Social Security Committee Members listed below. Letters sent from you personally and key constituency groups and organizations to the committee members will be important. These letters should have a local approach to them that stress the inherent danger of your occupation with specific examples if possible. Attached is a template letter to help in the process, as well as an SB1018 Fact Sheet and a general Cost Estimate for a county (Contra Costa) if the bill is passed. These forms are also be posted on OCAA's website (Forms)for easy download. Beside yourself, key local constituency groups to seek letters from include any domestic violence organizations, MADD, elected District Attorney's, any crime victims organizations (Crime Victims United), local Chambers of Commerce, elected Sheriff's, local unions, senior citizen organizations, key business leaders and of course Public Defender and DA organizations. Take time to think of all the people who benefit from a well-trained, highly qualified judicial system and reach out to them for support on this bill. If there is a group, individual or organization that you are sure would help our efforts, please call Chris Kralick at 347-8470 or Don Landis at 834-2349, or email us at ckralick@ocaa.net or dlandis@ocaa.net., to seek guidance and/or coordination with other efforts. Remember to include in the letters as much of a local spin as possible as to the benefits of this bill. Please forward a copy of the letters generated to us, so that we can forward them to our Platinum Advisors lobbyists. Phone calls in support of the bill are also effective. Be patient with the staff when calling and answer their questions as best you can. When calling, state who you are, what bill you are supporting, and why. Ask that the message be given to the member and leave a call back number for any follow up. Thank the message taker and that is all there is to it. We should strive to generate several dozen calls to each committee members local and Sacramento office. Also, phone any member who you know personally to lobby for passage. Listed below is a description of the committee and its members ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY COMMITTEE (7 MEMBERS - 5 DEMOCRATS, 2 REPUBLICANS) COMMITTEE ADDRESS (TO SEND COPIES OF LETTERS TO): 1020 N STREET, ROOM 153 SACRAMENTO, CA 95814 PHONE: 916-319-3957 CONSULTANT: KARON GREEN; SECRETARY: LANDI SIZEMORE MEMBERS OF THE COMMITTEE: SALLY HAVICE (CHAIR) - DEMOCRAT REPRESENTING COUNTIES: LOS ANGELES. MAIN CITIES: ARTESIA, BELLFLOWER, CERRITOS, DOWNEY, HAWAIIAN GARDENS, LAKEWOOD, LONG BEACH. DISTRICT OFFICE: 16600 CIVIC CENTER DRIVE, 2ND FLOOR, BELLFLOWER, CA, 90706. PH: 562-866-3391 FX: 562-867-3085 CAPITOL OFFICE: ROOM 5150, STATE CAPITOL, SACRAMENTO, CA 95814. PH:916-319-2056 FX: 319-2156 JOE CANCIAMILLA (VICE CHAIR) - DEMOCRAT REPRESENTING COUNTIES: CONTRA COSTA. MAIN CITIES: ANTIOCH, CONCORD, MARTINEZ, PITTSBURG, PLEASANT HILL. DISTRICT OFFICE: 815 ESTUDILLO STREET, MARTINEZ, CA 94533. PH: 925-372-7990 FX: 925-372-0934 CAPITOL OFFICE: ROOM 6011, STATE CAPITOL, SACRAMENTO, CA 95814. PH: 916-319-2011 FX: 916-319-2111 MIKE BRIGGS - REPUBLICAN REPRESENTING COUNTIES: FRESNO AND TULARE. MAIN CITIES: CLOVIS, FRESNO, VISALIA DISTRICT OFFICE: 83 EAST SHAW AVENUE, SUITE 202, FRESNO, CA 93710 PH: 559-243-4192 FX: 559-243-4196 CAPITOL OFFICE: ROOM 2130, STATE CAPITOL, SACRAMENTO, CA 95814. PH:916-319-2029 FX: 916-319-2129 WILMA CHAN - DEMOCRAT (ALSO MAJORITY WHIP) REPRESENTING COUNTIES: ALAMEDA. MAIN CITIES: ALAMEDA, OAKLAND, PIEDMONT DISTRICT OFFICE: ELIHU M HARRIS STATE BLDG. 1515 CLAY STREET, SUITE 2204, OAKLAND, CA 94612. PH:510-286-1670 FX:510-286-1888 CAPITOL OFFICE: ROOM 4098, STATE CAPITOL, SACRAMENTO, CA 95814. PH:916-319-2016 FX:916-319-2116 MARCO FIREBAUGH (CHAIR OF THE LATINO CAUCUS) - DEMOCRAT REPRESENTING COUNTIES: LOS ANGELES. MAIN CITIES: BELL, BELL GARDENS, COMMERCE, CUDAHY, EAST LOS ANGELES, FLORENCE, HUNTINGTON PARK, SOUTH GATE, MAYWOOD, MIRAMONTE, VERNON, WALNUT PARK DISTRICT OFFICE: 7501 ATLANTIC BLVD, SUITE D, CUDAHY, CA 90201. PH:323-562-7880. FX: 323-562-2380 CAPITOL OFFICE: R00M 2003, STATE CAPITOL, SACRAMENTO, CA 95814 PH:916-319-2050 FX:916-319-2150 ANTHONY PESCETTI - REPUBLICAN REPRESENTING COUNTIES: SACRAMENTO, SAN JOAQUIN. MAIN CITIES: SACRAMETNO, ELK GROVE, GALT, LODI, RANCHO CORDOVA, RANCHO MURRIETA DISTRICT OFFICE: 9845 HORN ROAD, SUITE 150, SACRAMENTO, CA 95827. PH: 916-362-4161 FX: 916-362-4164 CAPITOL OFFICE: ROOM 4158, STATE CAPITOL, SACRAMENTO, CA 95814 PH:916-319-2010 FX:916-319-2110 VIRGINIA STROM-MARTIN - DEMOCRAT REPRESENTING COUNTIES: DEL NORTE, HUMBOLDT, LAKE, MENDOCINO, SONOMA. MAIN CITIES: ARCATA, CRESCENT CITY, EUREKA, FORT BRAGG, HEALDSBURG, LAKEPORT, SANTA ROSA, SEBASTOPOL, UKIAH, WINDSOR. DISTRICT OFFICE: 50 D STREET, SUITE 450, SANTA ROSA, CA 95404 PH:707-576-2526 FX:707-576-2297. CAPITOL OFFICE: ROOM 3146, STATE CAPITOL, SACRAMENTO, CA 95814 PH:916-319-2001 FX:916-319-2101. SUBJECT: SB 1018 (PERATA) As you know, the Legislature passed SB1018 - Safety Retirement Bill. Now, all we have to do is get Governor Davis to sign it. So, in the latest and last call to action, we need everyone to write a letter to Governor Davis using the Governor's address below. You can recycle your previous letters or write new ones. But make sure you write a letter. This is everyone's concern .We need the letters by Thursday September 27, 2001. You can either give them to Don Landis or send them to Tom Saggau at his address below. He is giving all the letters collected from around the state to the Governor at one time. Please address all correspondence to: Honorable Gray
Davis Governor Please forward all correspondence to: Don Landis Orange 714-834-2349 -or- Tom Saggau
Platinum Advisors Phone:
408.297.4052
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