Bill Text: CA AB2365 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public Employees’ Retirement System: employment without reinstatement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-08-08 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2365 Detail]

Download: California-2019-AB2365-Amended.html

---

Amended  IN  Assembly  March 10, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2365

---

Introduced by Assembly Member Rodriguez

February 18, 2020

---

An act to amend Section 3541.5 of add Section 21220.1 to the Government Code, relating to public educational employment. public employees’ retirement.

LEGISLATIVE COUNSEL'S DIGEST

AB 2365, as amended, Rodriguez. Educational employment relations: Public Employment Relations Board: investigations: unfair practices. Employment without reinstatement: hours worked: written notice.

The Public Employees’ Retirement Law creates the Public Employees’ Retirement System (PERL), which provides a defined benefit to members of the system based on age at retirement, service credit, and final compensation, subject to certain variations, and is administered by the Board of Administration of the Public Employees’ Retirement System. PERL permits a retired person to serve without reinstatement from retirement or loss or interruption of benefits provided by the system if certain conditions are met, and prohibits specified retired members from working more than 960 hours each fiscal year, regardless of whether the work is performed for multiple employers. PERL authorizes the board to assess a specified fee on an employer that fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed in any capacity, without reinstatement, within 30 days after the effective date of hire, or that fails to report the pay rate and number of hours worked by the retired member within 30 days of the last day of the pay period in which the retired member worked, as specified. PERL requires a person employed in violation of these provisions, to be reinstated, among other things, to membership in the category in which, and on the date on which, the unlawful employment occurred.

This bill would require the board to provide a written notice to a retired member employed in any capacity, without reinstatement, informing the retired member of the number of hours worked by the retired member for an employer, as reported to the board by the employer, and the obligations of, and consequences to, the retired member for violation of the reinstatement provisions described above. The bill would require the same notice to be provided to an employer for each retired member employed by the employer, and would require the written notice to inform the employer of the obligations of, and consequences to, the employer for violation of the reinstatement provisions described above. The bill would require the board to provide the written notices before the retired member is within 120 hours of the applicable work hour limitation, and would authorize the board to provide subsequent written notices at its discretion.

Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law establishes the Public Employment Relations Board and gives the board specified powers relating to employer-employee relations, including investigating unfair practice charges filed by an employee, employee organization, or employer. Existing law gives the board exclusive jurisdiction to make an initial determination whether the charges of unfair practices are justified, and, if so, what remedy is necessary, as specified.

This bill would make nonsubstantive changes to the latter provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 21220.1 is added to the Government Code, to read:

21220.1.

 (a) (1) The board shall provide a written notice to a retired member employed in any capacity, without reinstatement, by an employer. The written notice shall inform the retired member of the number of hours worked, in any capacity, without reinstatement, by the retired member for the employer as reported to the board by the employer pursuant to this article, and the obligations of, and consequences to, the retired member for violation of the requirements of this article.

(2) The board shall provide the first written notice to the retired member before the retired member is within 120 hours of the applicable work hour limitation established in Section 7522.56, 7522.57, or 21221. The frequency of providing subsequent written notices to a retired member shall be at the discretion of the board.

(b) (1) The board shall provide a written notice to an employer for a retired member, or retired members, employed in any capacity, without reinstatement, by the employer. The written notice shall inform the employer of the number of hours worked, in any capacity, without reinstatement, by each retired member, or members, for the employer as reported to the board by the employer pursuant to this article, and the obligations of, and consequences to, the employer for violation of the requirements of this article.

(2) The board shall provide the first written notice to an employer before the retired member is within 120 hours of the applicable work hour limitation established in Section 7522.56, 7522.57, or 21221. The frequency of providing subsequent written notices to an employer shall be at the discretion of the board.

SECTION 1.Section 3541.5 of the Government Code is amended to read:

3541.5.

The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following:

(a)Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except the board shall not do either of the following:

(1)Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months before the filing of the charge.

(2)Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review the settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits. Otherwise, it shall dismiss the charge. The board shall, in determining if the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery.

(b)The board shall not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of any agreement that would not also constitute an unfair practice under this chapter.

(c)The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.