BILL NUMBER: ACA 12	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Papan

                        JUNE 6, 2001

   Assembly Constitutional Amendment No. 12--A resolution to propose
to the people of the State of California an amendment to the
Constitution of the State, by amending Section 4.5 of Article IV,
relating to the Legislature.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 12, as introduced, Papan.  Legislature:  retirement.
   The California Constitution prohibits the accrual of pension or
retirement benefits as a result of service in the Legislature, other
than federal social security benefits, by Members of the Legislature
elected or serving after November 1, 1990.
   This measure would make that prohibition inapplicable with respect
to any Member of the Legislature who was a member of a public
retirement system prior to his or her election to the Legislature.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.




   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2001-02 Regular Session
commencing on the fourth day of December 2000, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended by amending Section 4.5 of Article IV thereof, to read:
      SEC. 4.5.  Notwithstanding any other provision of this
Constitution or existing law, a person elected to or serving in the
Legislature on or after November 1, 1990, shall participate in the
Federal Social Security (Retirement, Disability, Health Insurance)
Program and the State shall pay only the employer's share of the
 contribution   contributions  necessary
 to such   for that  participation.  No
other pension or retirement benefit shall accrue as a result of
service in the Legislature,  such   that 
service not being intended as a career occupation.  This 
Section   section  shall not be construed to
abrogate or diminish any vested pension or retirement benefit
 which   that  may have accrued under an
existing law to a person holding or having held office in the
Legislature, but upon adoption of this  Act  
section  no further entitlement to nor vesting in any existing
program shall accrue to any such person, other than Social Security
to the extent herein provided.  Notwithstanding the foregoing,
this section shall not prohibit a person holding or having held
office in the Legislature from accruing pension or retirement
benefits as a result of his or her service in the Legislature if the
person was a member of a public retirement system prior to his or her
election to the Legislature.