LEGISLATIVE COUNSEL'S DIGEST
AB 964, as amended, Committee on Public Employees, Retirement and
Social Security. State employees: memorandum of understanding.
Under existing law, a
provision of a memorandum of understanding reached between the state
employer and a recognized employee organization representing state
civil service employees that requires the expenditure of funds does
not become effective unless approved by the Legislature in the annual
Budget Act.
This bill would approve provisions that require the expenditure of
funds pursuant to
a memorandum memoranda
of understanding entered into between the state employer and
an unspecified bargaining unit State
Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, the Service
Employees International Union, Local 1000 , and would provide
that these provisions will become effective even if these provisions
are approved by the Legislature in legislation other than the annual
Budget Act.
This
(2) The Public Employees' Retirement Law and the State Teachers'
Retirement Law provide retirement benefits based upon final
compensation and years of credited service. Both laws provide that
state employees in the personal leave program shall receive credit
for service that would have been credited had the employee not been
in the personal leave program.
This bill would provide that the calculations of retirement
allowances under the Public Employees' Retirement Law for state
employees in the Mandatory Personal Furlough Leave Program, as
defined, shall include earnings, contributions, and compensation
earnable that would have been reported had the employee not been in
the Mandatory Personal Furlough Leave Program. The bill also would
provide, for all retirement purposes under the State Teachers'
Retirement Law, including benefit eligibility and calculations of
retirement allowances for state employees in the Mandatory Personal
Furlough Leave Program, credit for service shall be based on the
amount of service that would have been credited had the employee not
been in the Mandatory Personal Furlough Leave Program.
(3) The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation.
This bill would appropriate $9,474,000 from those funds for state
employee compensation in augmentation of the Budget Act of 2008.
(4) This bill would provide that
provisions of the
memorandum memoranda of understanding approved by this bill that require the expenditure
of funds will not take effect unless funds for these provisions are
specifically appropriated by the Legislature, and would
require the state employer and the affected employee organization to
meet and confer to renegotiate the affected provisions if funds for
these provisions are not specifically appropriated by the Legislature
or part of the memoranda of understanding if the Legislature does not
approve or fully fund any provision of the memoranda of
understanding that requires the expenditure of funds .
This bill would declare that it is to take effect immediately as
an urgency statute.
Comments/questions on AB 964 (Committee on Public Employees, Retirement and Social Security): State employees: memorandum of understanding.
