California Assembly Bill 2493
Session 20212022
County employees' retirement: disallowed compensation: benefit adjustments and calculations.
Active
Passed Senate on Aug 31, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
2493
State
California
Session
20212022
Phillip Chen
grade
Author
Motion Text
AB 2493 Chen Assembly Third Reading
Assembly Roll Call Votes
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Fong
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Other
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Summary
(1) Existing law, the California Public Employees' Pension Reform Act of 2013 (PEPRA) , generally requires a public retirement system, as defined, to modify its plan or plans to comply with the act. PEPRA, among other things, establishes new defined benefit formulas and caps on pensionable compensation.
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 generally vests management of each retirement system in a board of retirement. CERL authorizes a board of retirement to correct errors in the calculation of a retired member's monthly allowances or other benefits under CERL in certain circumstances, including if the member caused their final compensation to be improperly increased or otherwise overstated at the time of retirement, and the system applied that overstated amount as the basis for calculating the member's monthly retirement allowance or benefits under CERL, subject to certain limitations.
The Public Employees' Retirement Law (PERL) also authorizes its board of administration to adjust retirement payments due to errors or omissions, including for cases in which the retirement systems that the benefits of a member or annuitant are, or would be, based on disallowed compensation that conflicts with PEPRA and other specified laws and is thus impermissible.
This bill would require a retirement system established under CERL, upon determining that the compensation reported for a sworn peace officer or firefighter is disallowed compensation, to require the employer, as defined, to discontinue reporting the disallowed compensation. The bill would require, for an active sworn peace officer or firefighter, the retirement system to credit all contributions made on the disallowed compensation against future contributions to the benefit of the employer that reported the disallowed compensation, and return any contribution paid by, or on behalf of, that member, to the member by the employer that reported the disallowed compensation, except in certain circumstances in which a system has already initiated a process, as defined, to recalculate compensation. The bill would require the system, for a retired sworn peace officer or firefighter, survivor, or beneficiary whose final compensation was predicated upon the disallowed compensation, to credit the contributions made on the disallowed compensation against future contributions, to the benefit of the employer that reported the disallowed compensation, and to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation. The bill would establish other conditions required to be satisfied with respect to a retired sworn peace officer or firefighter, survivor, or beneficiary when final compensation was predicated upon disallowed compensation, including, among others, requiring a specified payment to be made by the employer that reported contributions on the disallowed compensation to the retired member, survivor, or beneficiary, as appropriate. The bill would authorize a retirement system that has initiated a process prior to July 1, 2022, to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation to use that system in lieu of specified provisions that the bill would enact. The bill would also require certain information regarding the relevant retired member, survivor, or beneficiary needed for purposes of these provisions to be kept confidential by the recipient.
The bill would authorize an employer to submit to a retirement system for review a compensation item proposed to be included in an agreement, as specified, on and after January 1, 2022, that is intended to form the basis of a pension benefit calculation and would require the system to provide guidance on the matter. The bill would prescribe a process in this regard. The bill would specify that it does not affect or otherwise alter a party's right to appeal any determination regarding disallowed compensation made by the system after July 30, 2022.
(2) CERL defines "compensation earnable" by a member, for the purpose of calculating benefits, to mean the average compensation, as determined by the board, for the period under consideration upon the basis of the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and the same rate of pay, subject to certain exceptions.
This bill would authorize a retirement system, to the extent it has not defined "grade," in the above-described circumstances, to mean a number of employees considered together because they share similarities in job duties, schedules, unit recruitment requirements, work location, collective bargaining unit, or other logical work-related grouping.
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(4) This bill would specify that its provisions are not to be interpreted to alter certain existing laws, including PEPRA and the holding in Alameda County Deputy Sheriff's Association v. Alameda County Employees' Retirement Association (2020) 9 Cal.5th 1032, and would make additional related findings and declarations.
02/17/22 - Introduced
February 17, 2022
03/24/22 - Amended Assembly
March 24, 2022
04/05/22 - Amended Assembly
April 5, 2022
06/30/22 - Amended Senate
June 30, 2022
08/17/22 - Amended Senate
August 17, 2022
04/18/22- Assembly Committee on Public Employment and Retirement
April 18, 2022
04/25/22- ASSEMBLY FLOOR ANALYSIS
April 25, 2022
06/21/22- Senate Committee on Labor, Public Employment and Retirement
June 21, 2022
06/25/22- Senate Judiciary
June 25, 2022
07/28/22- Sen. Floor Analyses
July 28, 2022
08/19/22- Sen. Floor Analyses
August 19, 2022
Sort by most recent
08/31/2022
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/31/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5361.).
08/18/2022
Senate
Read second time. Ordered to third reading.
08/17/2022
Senate
Read third time and amended. Ordered to second reading.
06/30/2022
Senate
Read second time and amended. Ordered to third reading.
06/29/2022
Senate
From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (June 28).
06/23/2022
Senate
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 22). Re-referred to Com. on JUD.
06/02/2022
Senate
In committee: Set, first hearing. Hearing canceled at the request of author.
05/11/2022
Senate
Referred to Coms. on L., P.E. & R. and JUD.
05/03/2022
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/02/2022
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4508.)
04/21/2022
Assembly
Read second time. Ordered to third reading.
04/20/2022
Assembly
From committee: Do pass. (Ayes 6. Noes 0.) (April 20).
04/06/2022
Assembly
Re-referred to Com. on P.E. & R.
04/05/2022
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
03/28/2022
Assembly
Re-referred to Com. on P.E. & R.
03/24/2022
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
03/24/2022
Assembly
Referred to Com. on P.E. & R.
02/18/2022
Assembly
From printer. May be heard in committee March 20.
02/17/2022
Assembly
Read first time. To print.
Sources
Record Created
Feb 18, 2022 12:16:14 PM
Record Updated
Nov 24, 2022 12:24:33 PM