BILL NUMBER: SB 777 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Soto
FEBRUARY 22, 2005
An act to add Chapter 33 (commencing with Section 22949)
to Division 8 of the Business and Professions Code, relating to
grocery stores. An act to amend Sections 31452.5,
31486.3, 31490.5, 31494.3, and 31781.2 of the Government Code,
relating to retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 777, as amended, Soto. Grocery stores
County employees' retirement .
(1) The County Employees Retirement Law of 1937 authorizes
deductions from retirement allowances or benefits from the system to
be made for payments to charitable organizations approved by the
board of retirement and the board of supervisors.
This bill would also authorize deductions for payments to any
nonprofit organizations approved by the board of retirement and the
board of supervisors.
(2) The County Employees Retirement Law of 1937 establishes
noncontributory retirement plans for employees in specified counties.
Existing law, upon approval by the county board of supervisors,
authorizes members of noncontributory retirement plans in the
Counties of Santa Barbara and Los Angeles to receive service credit
for time that would not otherwise be recognized, upon payment by the
member of specified contributions to the retirement fund.
This bill would clarify that the amount of those contributions
payable by the member is the same as the amount payable by a member
of the contributory plan, as specified. The bill would further make
related and conforming changes with regard to previously purchased
service.
(3) The County Employees Retirement Law of 1937 permits a
surviving spouse of a member, if the member dies prior to reaching
the minimum retirement age and meets other criteria, to leave the
amount of the death benefit on deposit in the retirement system, as
specified.
This bill would delete an erroneous cross-reference in these
provisions and make other technical changes.
Existing law provides for the regulation of various businesses.
This bill would require a grocery store to have a cash register
checkout area available for use by customers who are senior citizens
where an employee is available to bag groceries.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 33 (commencing with Section 22949) is added to
Division 8 of the Business and Professions Code , to read:
CHAPTER 33. GROCERY STORES
22949. (a) For purposes of this chapter, the following
definitions apply:
(1) "Senior citizen" means a person who is 65 years of age or
older.
(2) "Grocery store" means a store engaged primarily in the retail
sale of packaged food, rather than food prepared for consumption on
the premises.
22949.01. A grocery store shall have a cash register checkout
area available for use by customers who are senior citizens where a
grocery store employee is available to bag grocery items.
SECTION 1. Section 31452.5 of the Government Code
is amended to read:
31452.5. The board may comply with and give effect to a revocable
written authorization signed by a retired member or beneficiary of a
retired member entitled to a retirement allowance or benefit under
this chapter, authorizing the treasurer or other entity authorized by
the board to deduct a specified amount from the retirement allowance
or benefit payable to any retired member or beneficiary of a retired
member for the purpose of paying premiums on any policy or
certificate of group life insurance or group disability insurance
issued by an admitted insurer, for any prepaid group medical or
hospital service plan, or both, for any dental plan, approved by the
board, for the benefit of the retired member or his or her
dependents, for the payment of premiums on national service life
insurance or United States government converted insurance, for the
purchase of shares in or the payment of money to any regularly
chartered credit union, for charitable or nonprofit
organizations or federally chartered veterans' organizations as
approved by both the board of retirement and the board of
supervisors, or for the purchase of United States Savings Bonds, or
for the payment of personal income taxes to the government of the
United States or of the State of California, and each month shall
draw his or her order in favor of the insurer, institution
plan, organization , credit union, or government
named in the written authorization for an amount equal to the
deductions so authorized and made during the month. The board may
charge a reasonable fee for the making of the deductions and payments
and the fees shall be deposited in the county fund from which
salaries are paid.
SEC. 2. Section 31486.3 of the Government Code
is amended to read:
31486.3. (a) An active member governed by the provisions of this
article may elect, by written notice filed with the board, to make
contributions and receive credit under this plan for service for
which he or she would not otherwise be entitled to receive credit
pursuant to this article.
(b) A member who elects to receive service credit pursuant to this
section shall have the same purchase rights and shall contribute
an amount to the retirement fund
calculated in the same manner as prescribed for similar payments
under the contributory plan the amount that a member
in the contributory plan wishing to purchase the same service would
have to contribute, based on the rates applicable to a member of the
contributory plan with the same date of entry into membership .
Payment shall be made by lump-sum payment or by installment payments
over a period not to exceed 10 years, prior to the effective date of
his or her retirement or, if applicable, prior to the date provided
in Section 31485.7.
(c) No member may receive any service credit under this section
for which he or she has not completed payment pursuant to subdivision
(b) before the effective date of his or her retirement or, if
applicable, before the date provided in Section 31485.7. Subject to
the limitations of federal law, a member who has elected to make
payments in installments may complete payment by lump sum at any time
prior to the effective date of his or her retirement.
(d) Any sums paid by a member pursuant to this section shall be
considered to be and administered as contributions by the member.
(e) As used in this section, the "contributory plan" means that
contributory plan otherwise available to new members of the system on
the election date.
(f) This section is not operative until the board of supervisors
elects, by resolution adopted by a majority vote, to make this
section operative in the county.
SEC. 3. Section 31490.5 of the Government Code
is amended to read:
31490.5. (a) An active member governed by the provisions of this
article may elect, by written notice filed with the board, to make
contributions and receive credit under this plan for service for
which he or she would not otherwise be entitled to receive credit
pursuant to this article.
(b) Any member who elects to receive service credit pursuant to
this section shall have the same purchase rights and shall contribute
an amount to the retirement fund
calculated in the same manner as prescribed under the contributory
plan the amount that a member in the contributory plan
wishing to purchase the same service would have to
contribute, based on the rates applicable to a member of the
contributory plan with the same date of entry into membership .
Payment shall be made by lump-sum payment or by installment payments
over a period not to exceed 10 years, prior to the effective date of
his or her retirement or, if applicable, prior to the date provided
in Section 31485.8.
(c) No member may receive any service credit under this section
for which he or she has not completed payment pursuant to subdivision
(b) before the effective date of his or her retirement or, if
applicable, before the date provided in Section 31485.8. Subject to
the limitations of federal law, a member who has elected to make
payments in installments may complete payment by lump sum at any time
prior to the effective date of his or her retirement.
(d) Any sums paid by a member pursuant to this section shall be
considered to be and administered as contributions by the member.
(e) As used in this section, the "contributory plan" means that
contributory plan otherwise available to new members of the system on
the election date.
(f) This section is not operative until the board of supervisors
elects, by resolution adopted by a majority vote, to make this
section operative in the county.
SEC. 4. Section 31494.3 of the Government Code
is amended to read:
31494.3. (a) Members who have elected to transfer under Section
31494.1 shall be provided within 90 days of the election date the
cost of contributions required for that period of all creditable
service with the employer prior to the month for which monthly
contributions are to commence, as prescribed in subdivision (f) of
Section 31494.1, and shall deposit in the retirement fund, the amount
hereinafter provided in this subdivision, by lump sum, or regular
monthly installments, or both, over the period of time determined by
a resolution adopted by a majority vote of the board of retirement,
but in any event prior to the date of application for retirement or,
if applicable, the date provided in Section 31485.8, the date of
termination, or the date of death. The amount shall equal the sum of
the contributions a member would have made to the retirement fund for
that length of time as that for which the member shall receive
credit as service, computed in accordance with the rate of
contribution applicable to the member under the contributory plan,
based upon entry age, and in the same manner as prescribed under the
plan as if the plan had been in effect during the entire period of
all creditable service, together with regular interest thereon.
(b) All service previously purchased by the member pursuant
to Section 31490.5, if any, shall be recalculated in accordance with
the rate of contribution applicable to the member under the
contributory plan, based upon the entry age, and in the same manner
as prescribed under the plan as if the contributory plan had been in
effect during the entire period of all creditable service, together
with regular interest thereon. All contributions paid by the
member pursuant to Section 31490.5, if any, shall be credited toward
the amount owed under subdivision (a) and all periods of service
credited under the plan created by this article shall be transferred
to the contributory plan upon completion of payment of that amount.
(c) Any member who applies for service credit under subdivision
(e) of Section 31494.1 relating to federal and military service,
shall be provided within 90 days of the election date the cost of
contribution required for that service, and shall deposit in the
retirement fund the amount hereinafter provided in this subdivision
by lump sum, or regular monthly installments, or both, over the
period of time determined by a resolution adopted by a majority vote
of the board of retirement, but in any event prior to the date of
application for retirement, date of termination, or death. The amount
shall equal the sum of twice the contributions the member would have
made to the retirement fund for the length of time as that for which
the member has elected to receive credit as service, computed by
applying the rate of contribution applicable to the member under the
contributory plan, based upon entry age, to the monthly compensation
first earnable by the member as of the most recent date of entry into
the retirement system, multiplied by the number of months for which
the member has elected to receive credit, together with regular
interest thereon.
(d) Any member who applies for service credit under subdivision
(e) of Section 31494.1, relating to prior service as defined in the
bylaws of the board, other than qualifying service under Section
31490.5, and public service other than military and federal service,
shall be provided within 90 days of the election date the cost of
contribution required for that service, and shall deposit in the
retirement fund the amount hereinafter provided in this subdivision,
by lump sum or regular monthly installments, or both, over the period
of time determined by a resolution adopted by a majority vote of the
board of retirement, but in any event prior to the date of
application for retirement or, if applicable, prior to the date
provided in Section 31485.8, the date of termination, or the date of
death. The amount shall equal that sum of contributions the member
would have made to the retirement fund for the length of time as that
for which the member has elected to receive credit as service,
calculated in the same manner as prescribed in the bylaws of the
board relating to credit for prior service, except that such
contribution shall be computed by applying the rate of contribution
applicable to the member under the contributory plan, based upon
entry age.
(e) This section shall be operative in a county at such time or
times as may be mutually agreed to in memoranda of understanding
executed by the employer and employee representatives if the board of
supervisors adopts, by majority vote, a resolution declaring that
the section shall be operative in the county.
SECTION 5. Section 31781.2 of the Government Code
is amended to read:
31781.2. (a) In lieu of accepting in cash
the death benefit payable under Section 31781 or 31781.02
31781.01 , the surviving spouse of a member who
dies prior to reaching the minimum retirement age and who at the date
of his death has 10 or more years of service to his credit, shall
have the option to leave the amount of the death benefit on deposit
in the retirement system until the earliest date when such
the deceased member could have retired had he
lived, and at that time receive the retirement allowance provided for
in Section 31765 or 31765.1 or 31765.11, whichever is applicable.
(b) If, at the death of such
the spouse, she or he is survived by one or more
unmarried children of such the member,
under the age of 18, such the
retirement allowance shall continue to such
the child or children, collectively, until every child dies,
marries, or attains age 18. If such the
spouse dies, either before or after the death of such
the member, without either making such
the election or receiving any portion of the
death benefit, and no part of the death benefit had been paid to any
person, prior to the payment of any benefits, the legally appointed
guardian of such the children shall
make the election herein provided for in
subdivision (a) on behalf of such the
surviving children as, in his or her judgment, may
appear to be in their interest and advantage, and the election so
made shall be binding and conclusive upon all parties in interest.
(c) Notwithstanding any other provisions of
this section, the benefits otherwise payable to the children of the
member shall be paid to such the
children through the age of 21 if such the
children remain unmarried and are regularly enrolled as
full-time students in an accredited school as determined by the
board.