BILL ANALYSIS
ACA 12
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Date of Hearing: August 28, 2001
ASSEMBLY COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
John Longville, Chair
ACA 12 (Papan) - As Introduced: June 6, 2001
SUBJECT : Legislature: retirement.
SUMMARY : Authorizes a legislator to accrue 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 election to the Legislature. Makes minor,
technical changes to existing law.
EXISTING LAW 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.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author, "[t]he
inability of Legislators to participate in a retirement plan
deprives their family of receiving any benefits, including
death benefits should the member pass away unexpectedly. . . .
Many Legislators come from public service backgrounds. For
instance, many of the current members have . . . served our
communities diligently as teachers, civil servants or elected
officials at the municipal and county levels. By continuing
their public service as state Legislators, members have
demonstrated their commitment to solving [society's] problems
and making government work for their constituents. As such,
Legislators should be able to participate in the same
retirement plan that is available to those employed by the
state government."
2)Proposition 140 (1990) : Approved by voters in the 1990
statewide general election, Proposition 140 imposed
legislative term limits and prohibited legislators from
participating in state retirement systems. This measure seeks
to amend Section 4.5 of Article IV of the California
Constitution, which was added by Proposition 140.
ACA 12
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3)Proposition 33 (2000) : ACA 12 (Papan), Res. Chapter 83,
Statutes of 2000, which was placed on the 2000 statewide
general election ballot as Proposition 33, would have
authorized legislative participation in the Public Employees'
Retirement System. Proposition 33 was rejected by voters by a
margin of 61% to 39%.
4)Related Legislation : A companion measure to this bill, AB
1190 (Papan), pending in the Assembly Banking and Finance
Committee, makes various changes to sections of the Government
Code relating to reciprocity of retirement benefits between
public retirement systems. According to the author's office,
these changes would be necessary upon approval of this measure
because existing law imposes time limits that could prevent
reciprocity between legislators' retirement systems as
authorized by this measure.
5)Approval by Voters : As a constitutional amendment, this
measure will need voter approval in order to take effect.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E., R. & C. A. / (916)
319-2094