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Assembly Bill 1222

Assembly Bill 1222

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Published by Jon Ortiz
The measure that temporarily exempts CA mass transit employees from pension reform while the Sacramento Regional Transit litigates whether implementing pension reform violates the federal Mass Transit Act.
The measure that temporarily exempts CA mass transit employees from pension reform while the Sacramento Regional Transit litigates whether implementing pension reform violates the federal Mass Transit Act.

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Published by: Jon Ortiz on Sep 05, 2013
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california legislature
14 regular session
Introduced by Assembly Member
and Dickinson(Coauthor: Assembly Member Cooley)
February 22, 2013An act relating to hazardous substances.
 An act to amend Section7522.02 of the Government Code, relating to public employees’retirement, making an appropriation therefor, and declaring the urgencythereof, to take effect immediately.
legislative counsel
s digest
AB 1222, as amended, Bloom. Hazardous substances: oil recycling:legislativ
e intent.
Public employees’ retirement: collective bargaining:transit workers: transportation.The California Public Employees’ Pension Reform Act of 2013(PEPRA), among other things, establishes new retirement formulas for employees rst employed on or after January 1, 2013, which a publicemployer offering a dened benet pension plan is prohibited fromexceeding, requires those employees to contribute a specied percentageof the normal cost of the dened benet plan, and prohibits publicemployers from paying an employee’s share of retirement contributions.PEPRA excepts certain retirement systems from its provisions.This bill would except from PEPRA public employees whose collectivebargaining rights are subject to specied provisions of federal law untila specied federal district court decision on a certication by the United States Secretary of Labor, or his or her designee, or until January 1,
2015, whichever is sooner. The bill would also provide that if a federaldistrict court upholds the determination of the United States Secretaryof Labor, or his or her designee, that application of PEPRA to those public employees precludes certication, those employees are excepted  from PEPRA. The bill would authorize the Director of Finance toauthorize a loan of up to $26,000,000 from the Public Transportation Account in the State Transportation Fund to be made to local masstransit providers in amounts equal to federal transportation grants not received due to noncertication from the federal Department of Labor,as specied. By providing for loans in the manner specied, this billwould make an appropriation. The bill would prescribe requirementsregarding the disbursement of these funds. The bill would require alocal transit provider to repay the loan based on the occurrence of certain contingencies or by January 1, 2019.This bill would declare that it is to take effect immediately as anurgency statute.
Existing law requires the Department of Toxic Substances toimplement and administer various programs regulating the treatmentand disposal of hazardous substances. The California Oil RecyclingEnhancement Act, which is administered by the California Departmentof Resources Recycling and Recovery, establishes a used oil recyclingprogram designed to discourage the illegal disposal of used oil.This bill would declare the intent of the Legislature to enactsubsequent statutory changes to the Department of Toxic Substance’shazardous waste fee system that would streamline the system, harmonizethe department’s hazardous waste program objectiv
es and fees with theDepartment of Resources Recycling and Recov
ery’s responsibilitiesand program objectiv
es under the California Oil Recycling and Recov
eryEnhancement Act, and align hazardous waste fees with the actualregulatory costs associated with managing hazardous waste and usedoil.
Vote: majority
. Appropriation: no
. Fiscal committee: no
. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7522.02 of the Government Code is
amended to read:
line3 7522.02. (a)
Notwithstanding any other law, except asline4 provided in this article, on and after January 1, 2013, this article
AB 1222
line1 shall apply to all state and local public retirement systems and toline2 their participating employers, including the Public Employees’line3 Retirement System, the State Teachers’ Retirement System, theline4 Legislators’ Retirement System, the Judges’ Retirement Systemline5 I,
the Judges’ Retirement System II, county and districtline6 retirement systems created pursuant to the County Employeesline7 Retirement Law of 1937, independent public retirement systems,line8 and to individual retirement plans offered by public employers.line9 However, this article shall be subject to the Internal Revenue Codeline10 and Section 17 of Article XVI of the California Constitution. Theline11 administration of the requirements of this article shall comply withline12 applicable provisions of the Internal Revenue Code and theline13 Revenue and Taxation Code.line14 (2)
Notwithstanding paragraph (1), this article shall not applyline15 to the entities described in Section 9 of Article IX of, and Sectionsline16 4 and 5 of Article XI of, the California Constitution, except to theline17 extent that these entities continue to be participating employers inline18 any retirement system governed by state statute. Accordingly, anyline19 retirement plan approved before January 1, 2013, by the voters of line20 any entity excluded from coverage by this section shall not beline21 affected by this article.line22
 Notwithstanding paragraph (1), this article shall not 
apply to a public employee whose interests are protected under 
subsection (b) of Section 5333 of Title 49 of the United States Code
until a federal district court rules that the United States Secretary
of Labor, or his or her designee, erred in determining that the
application of this article precludes certication under that section,
or until January 1, 2015, whichever is sooner.
 If a federal district court upholds the determination of the
United States Secretary of Labor, or his or her designee, that 
application of this article precludes him or her from providing a
certication under subsection (b) of Section 5333 of Title 49 of 
the United States Code, this article shall not apply to a public
employee specied in subparagraph (A).
line35 (b)
The benet plan required by this article shall apply to publicline36 employees who are new members as dened in Section 7522.04.line37 (c)
Individuals who were employed by any public employerline38 before January 1, 2013, and who became employed by a subsequentline39 public employer for the rst time on or after January 1, 2013, shallline40 be subject to the retirement plan that would have been available
AB 1222

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