Employee Relations update 8/15/2014
CalPERS Holds Final Public Hearing August 19th on Pensionable Comp Regulations
The California Public Employees’ Retirement System (CalPERS) Board of Administration will hold a public informational hearing on draft regulations that define pensionable compensation for new members, with the implementation of the Public Employees’ Pension Reform Act (PEPRA).
The proposed new regulation is intended to clarify the types of pensionable compensation items that state, public agencies and school employers report to CalPERS as part of a new member’s retirement benefit. The most common items excluded as pensionable for new PEPRA members are bonuses, uniform allowance, and any ad hoc payments. Members that were hired on or after January 1, 2013 are considered new members under PEPRA.
Compensation that is reportable for classic members is unaffected under the new regulation.
The hearing will take place on August 19, 2014 at 9:30 a.m. in the CalPERS Lincoln Plaza North auditorium at 400 P Street in Sacramento, California. The hearing will also be webcast live at www.calpers.ca.gov
Appropriations Committees Hear Suspense Files
The Senate and Assembly Appropriations Committees yesterday ultimately determined whether legislation carrying heavy cost burdens to the state would move through the legislative process this year. Several bills of importance to counties were released to be heard on their respective Floors.
AB 1522 (Gonzalez) - OPPOSE
As Amended on June 15, 2014
Assembly Bill 1522, by Assembly Member Lorena Gonzalez, would entitle an employee in California to paid sick days if s(he) works seven or more days in a calendar year. The leave would accrue at a rate of no less than one hour for every 30 hours worked and the employee would be permitted to start accruing the leave on the 90th calendar day of employment. AB 1522 also defines an employer to include public authorities.
Counties will recall substantially similar legislation from 2011. AB 400 (Ma, 2011) and AB 1000 (Ma, 2010), both which failed to make it through the legislative process due to strong opposition from private and public employers.
AB 2052 (Gonzalez) - OPPOSE
As Amended on April 8, 2014
Assembly Bill 2052, by Assembly Member Lorena Gonzalez, would expand certain workers’ compensation presumptions to certain peace officers.
AB 2378 (Perea) - OPPOSE
As Introduced on February 21, 2014
Assembly Bill 2378, by Assembly Member Henry Perea, would essentially remove Labor Code Section 4850 benefits from the 104-week limit on aggregate disability payments for work-related injuries that cause temporary disability. In doing so, AB 2378 would allow for two full years of temporary disability payments to peace officers in addition to the one year of 4850 benefits.
AB 2126 (Bonta) - OPPOSE
As Amended on May 24, 2014
Assembly Bill 2126, by Assembly Member Rob Bonta, would eradicate local control of collective bargaining procedures by requiring the following:
MANDATORY MEDIATION. The bill would allow either the public agency or employee organization to request mediation if, after a reasonable period of time, the parties fail to reach agreement. The parties must agree upon the appointment of a mediator within five days of the request and if they are unable to agree, either party can request that PERB appoint a mediator (PERB must then appoint a mediator within five days of that request).
SCOPE OF FACTFINDING. AB 2126 would allow differences arising from ANY dispute over ANY matter within the scope of representation, when the obligation to meet and confer exists, to be submitted to a factfinding panel. Currently, the ability for either party to request factfinding only applies to those disputes arising during collective bargaining for a new or successor memorandum of understanding.