AMENDED IN SENATE APRIL 6, 2011

SENATE BILL No. 151

Introduced by Senator Correa

February 1, 2011

An act to amend Sections 19829.97, 19829.98, 20677.5, 20677.71,

20677.91, 20677.95, 20682, 20683.1, and 22944.3 of, to amend and
renumber Section 18929.96 of, and to repeal and amend Sections
20677.6 and 20677.9 of, the Government Code, relating to state
employees, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.

legislative counsel’s digest

SB 151, as amended, Correa. State employees: memorandum
memoranda of understanding.
Existing law provides that a provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees that
requires the expenditure of funds does not become effective unless
approved by the Legislature in the annual Budget Act.
This bill would approve provisions of a memorandum memoranda
of understanding entered into between the state employer and State
Bargaining Unit 6, the California Correctional Peace Officers
Association, Units 2, 6, 7, 9, 10, and 13, and would approve addenda
to memoranda of understanding entered into by the state employer and
State Bargaining Units 12, 16, 18, and 19, that require the expenditure
of funds, and would provide that these provisions will become effective
even if these provisions are approved by the Legislature in legislation
other than the annual Budget Act.

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The bill would provide that provisions of the memorandum

memoranda of understanding and addenda to memoranda of
understanding approved by this bill that require the expenditure of funds
will not take effect unless funds for those provisions are specifically
appropriated by the Legislature, and would require the state employer
and the affected employee organization to meet and confer to renegotiate
the affected provisions if funds for those provisions are not specifically
appropriated by the Legislature.
The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation. In the
event that the annual Budget Act is not enacted prior to July 1 of each
year covered by the memoranda of understanding for State Bargaining
Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, existing law provides for a
continuous appropriation for the amount necessary for the payment of
compensation and benefits to members of those bargaining units.
This bill would expand that provision to also include members of
State Bargaining Units 2, 6, 7, 9, 10, and 13.
The Public Employees’ Retirement Law (PERL) prescribes
contribution rates for state employees who are state miscellaneous,
state industrial, state safety members, patrol members, or state peace
officer/firefighter members, among others, in amounts based on
percentages of monthly compensation, as specified. Member
contributions are deposited into the Public Employees’ Retirement
Fund, which is a continuously appropriated trust fund.
This bill would increase the contribution rates by 5% for state
miscellaneous, state industrial, or state safety members who are
represented by State Bargaining Unit 13, by 3% for state miscellaneous,
state industrial, or state safety members who are represented by State
Bargaining Unit 2, 6, 7, 9, or 10, by 3% for state peace officer/firefighter
members who are represented by State Bargaining Unit 6, and by 2%
for state peace officer/firefighter members who are represented by State
Bargaining Unit 7, beginning on the first day of the pay period following
the operative date of the bill. By increasing member contributions into
a continuously appropriated fund, this bill would make an appropriation.
The bill would reduce the contribution rates by 1% for excluded state
miscellaneous or state industrial members related to State Bargaining
Unit 2.
Existing law requires the state to pay sworn members of the California
Highway Patrol who are rank-and-file members of State Bargaining

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Unit 5 the estimated average total compensation for each corresponding

rank in specified local police departments. Existing law requires any
increase in total compensation resulting from a survey of the average
compensation for those departments to be implemented through a
memorandum of understanding negotiated pursuant to the Ralph C.
Dills Act. Existing law requires that any amount that would otherwise
be used to permanently increase compensation for those members of
State Bargaining Unit 5 pursuant to those provisions, effective on July
1, 2009, and on July 1, 2010, to permanently prefund postemployment
health care benefits for patrol members, as provided.
This bill would authorize the Director of the Department of Personnel
Administration to apply the provision directing the use of those amounts
to prefund postemployment health care benefits for patrol members to
excluded patrol members and an officer or employee of the executive
branch who is not a member of civil service.
The bill would also delete duplicative provisions of law.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no yes. Fiscal committee: yes.
State-mandated local program: no.

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

1 SECTION 1. The Legislature finds and declares that the

2 purpose of this act is to approve an agreement pursuant to Section
3 3517.5 the provisions of agreements and addenda to agreements,
4 pursuant to Sections 3517.5 and 3517.63 of the Government Code,
5 entered into by the state employer and a recognized employee
6 organization organizations that require the expenditure of funds.
7 SEC. 2. The provisions of the memorandum following
8 memoranda of understanding prepared pursuant to Section 3517.5
9 of the Government Code and entered into by the state employer
10 and State Bargaining Unit 6, dated ____, and the following
11 employee organizations, that require the expenditure of funds, are
12 hereby approved for the purposes of subdivision (b) of Section
13 3517.6 of the Government Code. Code:
14 (a)  State Bargaining Unit 2, California Attorneys, Administrative
15 Law Judges, and Hearing Officers in State Employment, agreement
16 dated March 7, 2011.

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1 (b)  State Bargaining Unit 6, California Correctional Peace

2 Officers Association, agreement dated March 17, 2011.
3 (c)  State Bargaining Unit 7, California Statewide Law
4 Enforcement Association, agreement dated March 9, 2011.
5 (d)  State Bargaining Unit 9, Professional Engineers in
6 California Government, agreement dated March 17, 2011.
7 (e)  State Bargaining Unit 10, California Association of
8 Professional Scientists, agreement dated March 17, 2011.
9 (f)  State Bargaining Unit 13, International Union of Operating
10 Engineers, Stationary Engineers, agreement dated March 17,
11 2011.
12 SEC. 3. The provisions of the memorandum memoranda of
13 understanding approved by Section 2 of this act that are to take
14 effect on or after April 1, 2011, and that require the expenditure
15 of funds, shall not take effect unless funds for these provisions are
16 specifically appropriated by the Legislature. If funds for these
17 provisions are not specifically appropriated by the Legislature, the
18 state employer and the affected employee organization shall meet
19 and confer to renegotiate the affected provisions.
20 SEC. 4. Notwithstanding Section 3517.6 of the Government
21 Code, the provisions of the any memorandum of understanding
22 included in Section 2 that require the expenditure of funds shall
23 become effective even if the provisions of the memorandum of
24 understanding are approved by the Legislature in legislation other
25 than the annual Budget Act.
26 SEC. 5. The provisions of the following addenda to memoranda
27 of understanding entered into by the state employer and the
28 following employee organizations, that require the expenditure of
29 funds, are hereby approved for the purposes of Section 3517.63
30 of the Government Code:
31 (a)  State Bargaining Unit 12, International Union of Operating
32 Engineers, Craft and Maintenance Employees, addendum dated
33 November 19, 2010, effective November 2, 2010, to July 1, 2012,
34 inclusive.
35 (b)  State Bargaining Unit 16, Union of American Physicians
36 and Dentists, addendum dated November 19, 2010, effective
37 November 2, 2010, to July 1, 2012, inclusive.
38 (c)  State Bargaining Unit 18, California Association of
39 Psychiatric Technicians, addendum dated November 18, 2010,
40 effective November 2, 2010, to July 1, 2012, inclusive.

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1 (d)  State Bargaining Unit 19, American Federation of State,

2 County and Municipal Employees, addendum dated December 1,
3 2010, effective November 2, 2010, to July 1, 2012, inclusive.
4 SEC. 6. The provisions of the addenda to memoranda of
5 understanding approved by Section 5 of this act that require the
6 expenditure of funds shall not take effect unless funds for these
7 provisions are specifically appropriated by the Legislature or
8 already exist within available appropriations. If funds for these
9 provisions are not specifically appropriated by the Legislature,
10 the state employer and the affected employee organization shall
11 meet and confer to renegotiate the affected provisions.
12 SEC. 7. Section 18929.96 of the Government Code is amended
13 and renumbered to read:
14 18929.96.
15 19829.96. (a)  Notwithstanding Section 13340, for the 2011–12
16 fiscal year, if the 2011–12 Budget Act is not enacted by July 1,
17 2011, for the memoranda of understanding entered into between
18 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
19 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
20 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective
21 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit
22 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby
23 continuously appropriated to the Controller from the General Fund,
24 unallocated special funds, including, but not limited to, federal
25 funds and unallocated nongovernmental cost funds, and any other
26 fund from which state employees are compensated, the amount
27 necessary for the payment of compensation and employee benefits
28 to state employees covered by the above memoranda of
29 understanding until the 2011–12 Budget Act is enacted. The
30 Controller may expend an amount no greater than necessary to
31 enable the Controller to compensate state employees covered by
32 the above memoranda of understanding for work performed
33 between July 1, 2011, of the 2011–12 fiscal year and the enactment
34 of the 2011–12 Budget Act.
35 (b)  If the memoranda of understanding entered into between
36 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
37 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
38 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective
39 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit
40 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect

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1 and approved by the Legislature, the compensation and contribution

2 for employee benefits for state employees represented by these
3 bargaining units shall be at a rate consistent with the applicable
4 memorandum of understanding referenced above.
5 (c)  Expenditures related to any warrant drawn pursuant to
6 subdivision (a) are not augmentations to the expenditure authority
7 of a department. Upon the enactment of the 2011–12 Budget Act,
8 these expenditures shall be subsumed by the expenditure authority
9 approved in the 2011–12 Budget Act for each affected department.
10 (d)  This section shall only apply to an employee covered by the
11 terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or
12 21 memoranda of understanding (each effective July 1, 2010, to
13 July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or
14 13 memoranda of understanding (each effective April 1, 2011, to
15 July 1, 2013, inclusive), or the State Bargaining Unit 6
16 memorandum of understanding (effective April 1, 2011, to July 2,
17 2013, inclusive). Notwithstanding Section 3517.8, this section
18 shall not apply after the term of the memorandum of understanding
19 has expired. For purposes of this section, the memorandum of
20 understanding for each unit, except State Bargaining Unit 6, expires
21 on July 1, 2013. For purposes of this section, the memorandum of
22 understanding for State Bargaining Unit 6 expires on July 2, 2013.
23 SEC. 8. Section 19829.97 of the Government Code is amended
24 to read:
25 19829.97. (a)  Notwithstanding Section 13340, for the 2012–13
26 fiscal year, if the 2012–13 Budget Act is not enacted by July 1,
27 2012, for the memoranda of understanding entered into between
28 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
29 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
30 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective
31 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit
32 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby
33 continuously appropriated to the Controller from the General Fund,
34 unallocated special funds, including, but not limited to, federal
35 funds and unallocated nongovernmental cost funds, and any other
36 fund from which state employees are compensated, the amount
37 necessary for the payment of compensation and employee benefits
38 to state employees covered by the above memoranda of
39 understanding until the 2012–13 Budget Act is enacted. The
40 Controller may expend an amount no greater than necessary to

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1 enable the Controller to compensate state employees covered by

2 the above memoranda of understanding for work performed
3 between July 1, 2012, of the 2012–13 fiscal year and the enactment
4 of the 2012–13 Budget Act.
5 (b)  If the memoranda of understanding entered into between
6 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
7 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
8 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective
9 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit
10 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect
11 and approved by the Legislature, the compensation and contribution
12 for employee benefits for state employees represented by these
13 bargaining units shall be at a rate consistent with the applicable
14 memorandum of understanding referenced above.
15 (c)  Expenditures related to any warrant drawn pursuant to
16 subdivision (a) are not augmentations to the expenditure authority
17 of a department. Upon the enactment of the 2012–13 Budget Act,
18 these expenditures shall be subsumed by the expenditure authority
19 approved in the 2012–13 Budget Act for each affected department.
20 (d)  This section shall only apply to an employee covered by the
21 terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or
22 21 memoranda of understanding (each effective July 1, 2010, to
23 July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or
24 13 memoranda of understanding (each effective April 1, 2011, to
25 July 1, 2013, inclusive), or the State Bargaining Unit 6
26 memorandum of understanding (effective April 1, 2011, to July 2,
27 2013, inclusive). Notwithstanding Section 3517.8, this section
28 shall not apply after the term of the memorandum of understanding
29 has expired. For purposes of this section, the memorandum of
30 understanding for each unit, except State Bargaining Unit 6, expires
31 on July 1, 2013. For purposes of this section, the memorandum of
32 understanding for State Bargaining Unit 6 expires on July 2, 2013.
33 SEC. 9. Section 19829.98 of the Government Code is amended
34 to read:
35 19829.98. (a)  Notwithstanding Section 13340, for the 2013–14
36 fiscal year, if the 2013–14 Budget Act is not enacted by July 1,
37 2013, for the memoranda of understanding entered into between
38 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
39 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
40 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective

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1 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit

2 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby
3 continuously appropriated to the Controller from the General Fund,
4 unallocated special funds, including, but not limited to, federal
5 funds and unallocated nongovernmental cost funds, and any other
6 fund from which state employees are compensated, the amount
7 necessary for the payment of compensation and employee benefits
8 to state employees covered by the above memoranda of
9 understanding until the 2013–14 Budget Act is enacted. The
10 Controller may expend an amount no greater than necessary to
11 enable the Controller to compensate state employees covered by
12 the above memoranda of understanding for work performed
13 between July 1, 2013, of the 2013–14 fiscal year and the enactment
14 of the 2013–14 Budget Act.
15 (b)  If the memoranda of understanding entered into between
16 the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15,
17 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013,
18 inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective
19 April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit
20 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect
21 and approved by the Legislature, the compensation and contribution
22 for employee benefits for state employees represented by these
23 bargaining units shall be at a rate consistent with the applicable
24 memorandum of understanding referenced above.
25 (c)  Expenditures related to any warrant drawn pursuant to
26 subdivision (a) are not augmentations to the expenditure authority
27 of a department. Upon the enactment of the 2013–14 Budget Act,
28 these expenditures shall be subsumed by the expenditure authority
29 approved in the 2013–14 Budget Act for each affected department.
30 (d)  This section shall only apply to an employee covered by the
31 terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or
32 21 memoranda of understanding (each effective July 1, 2010, to
33 July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or
34 13 memoranda of understanding (each effective April 1, 2011, to
35 July 1, 2013, inclusive), or the State Bargaining Unit 6
36 memorandum of understanding (effective April 1, 2011, to July 2,
37 2013, inclusive). Notwithstanding Section 3517.8, this section
38 shall not apply after the term of the memorandum of understanding
39 has expired. For purposes of this section, the memorandum of
40 understanding for each unit, except State Bargaining Unit 6, expires

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1 on July 1, 2013. For purposes of this section, the memorandum of

2 understanding for State Bargaining Unit 6 expires on July 2, 2013.
3 SEC. 10. Section 20677.5 of the Government Code is amended
4 to read:
5 20677.5. (a)  Notwithstanding any provisions of Section
6 20677.4 to the contrary, effective with the beginning of the July
7 2006 pay period following the operative date of the amendments
8 to this section made by Senate Bill 151 of the 2011–12 Regular
9 Session, the normal rate of contribution for state miscellaneous or
10 state industrial members who are subject to Section 21353 or
11 21354.1, and who are represented by State Bargaining Unit 2, shall
12 be:
13 (1)  Seven Ten percent of the compensation in excess of three
14 hundred seventeen dollars ($317) per month paid to a member
15 whose service is not included in the federal system.
16 (2)  Six Nine percent of compensation in excess of five hundred
17 thirteen dollars ($513) per month paid to that member whose
18 service has been included in the federal system.
19 (b)  If the provisions of this section are in conflict with the
20 provisions of a memorandum of understanding reached pursuant
21 to Section 3517.5, the memorandum of understanding shall be
22 controlling without further legislative action, except that if the
23 provisions of a memorandum of understanding require the
24 expenditure of funds, the provisions shall not become effective
25 unless and until approved by the Legislature in the annual Budget
26 Act.
27 (c)  The Director of the Department of Personnel Administration
28 may establish the normal rate of contribution for a state employee
29 who is excepted from the definition of “state employee” in
30 subdivision (c) of Section 3513, and an officer or employee of the
31 executive branch of state government who is not a member of the
32 civil service. The normal rate of contribution shall be the same for
33 all members identified in this subdivision. The contribution rate
34 shall be effective the beginning of the pay period indicated by the
35 Director of the Department of Personnel Administration but shall
36 be no earlier than the beginning of the pay period following the
37 date the board receives notification.
38 SEC. 11. Section 20677.6 of the Government Code, as added
39 by Section 12 of Chapter 162 of the Statutes of 2010, is repealed.

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1 20677.6. (a)  Notwithstanding Section 20677.4, effective with

2 the beginning of the pay period following the effective date of this
3 section, the normal rate of contribution for state miscellaneous or
4 state industrial members who are represented by State Bargaining
5 Units 12, 16, 18, and 19, shall be:
6 (1)  Eleven percent of the compensation in excess of three
7 hundred seventeen dollars ($317) per month paid to a member
8 whose service is not included in the federal system.
9 (2)  Ten percent of compensation in excess of five hundred
10 thirteen dollars ($513) per month paid to that member whose
11 service has been included in the federal system.
12 (b)  If the provisions of this section are in conflict with the
13 provisions of a memorandum of understanding reached pursuant
14 to Section 3517.5, the memorandum of understanding shall be
15 controlling without further legislative action, except that if the
16 provisions of a memorandum of understanding require the
17 expenditure of funds, the provisions shall not become effective
18 unless and until approved by the Legislature in the annual Budget
19 Act.
20 (c)  Consistent with the normal rate of contribution for all
21 members identified in this subdivision, the Director of the
22 Department of Personnel Administration may exercise his or her
23 discretion to establish the normal rate of contribution for a related
24 state employee who is excepted from the definition of “state
25 employee” in subdivision (c) of Section 3513, and an officer or
26 employee of the executive branch of state government who is not
27 a member of the civil service.
28 SEC. 12. Section 20677.6 of the Government Code, as added
29 by Section 12 of Chapter 163 of the Statutes of 2010, is amended
30 to read:
31 20677.6. (a)  Notwithstanding Section 20677.4, effective with
32 the beginning of the pay period following the effective date of this
33 section, the normal rate of contribution for state miscellaneous or
34 state industrial members who are represented by State Bargaining
35 Units 12, 16, 18, and 19, shall be:
36 (1)  Eleven percent of the compensation in excess of three
37 hundred seventeen dollars ($317) per month paid to a member
38 whose service is not included in the federal system.

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1 (2)  Ten percent of compensation in excess of five hundred

2 thirteen dollars ($513) per month paid to that member whose
3 service has been included in the federal system.
4 (b)  If the provisions of this section are in conflict with the
5 provisions of a memorandum of understanding reached pursuant
6 to Section 3517.5, the memorandum of understanding shall be
7 controlling without further legislative action, except that if the
8 provisions of a memorandum of understanding require the
9 expenditure of funds, the provisions shall not become effective
10 unless and until approved by the Legislature in the annual Budget
11 Act.
12 (c)  Consistent with the normal rate of contribution for all
13 members identified in this subdivision, the Director of the
14 Department of Personnel Administration may exercise his or her
15 discretion to establish the normal rate of contribution for a related
16 state employee who is excepted from the definition of “state
17 employee” in subdivision (c) of Section 3513, and an officer or
18 employee of the executive branch of state government who is not
19 a member of the civil service.
20 (d)  Notwithstanding Section 20677.4, effective with the
21 beginning of the pay period following the operative date of the
22 amendments to this section made by Senate Bill 151 of the 2011–12
23 Regular Session, this section shall apply to state miscellaneous or
24 state industrial members who are represented by State Bargaining
25 Unit 13.
26 SEC. 13. Section 20677.71 of the Government Code is amended
27 to read:
28 20677.71. (a)  Notwithstanding Section 20677.4, effective with
29 the beginning of the pay period following ratification by the
30 affected union membership and enactment of this section, the
31 normal rate of contribution for state miscellaneous or state
32 industrial members who are represented by State Bargaining Unit
33 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall be:
34 (1)  Nine percent of the compensation in excess of three hundred
35 seventeen dollars ($317) per month paid to a member whose service
36 is not included in the federal system.
37 (2)  Eight percent of compensation in excess of five hundred
38 thirteen dollars ($513) per month paid to that member whose
39 service has been included in the federal system.

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1 (b)  Notwithstanding Section 20677.4, effective with the

2 beginning of the pay period following the operative date of the
3 amendments to this section made by Senate Bill 151 of the 2011–12
4 Regular Session, this section shall apply to state miscellaneous or
5 state industrial members who are represented by State Bargaining
6 Unit 6, 7, 9, or 10.
7 (b)
8 (c)  If the provisions of this section are in conflict with the
9 provisions of a memorandum of understanding reached pursuant
10 to Section 3517.5, the memorandum of understanding shall be
11 controlling without further legislative action, except that if the
12 provisions of a memorandum of understanding require the
13 expenditure of funds, the provisions shall not become effective
14 unless and until approved by the Legislature in the annual Budget
15 Act.
16 (c)
17 (d)  Consistent with the normal rate of contribution for all
18 members identified in this subdivision, the Director of the
19 Department of Personnel Administration may exercise his or her
20 discretion to establish the normal rate of contribution for a related
21 state employee who is excepted from the definition of “state
22 employee” in subdivision (c) of Section 3513, and an officer or
23 employee of the executive branch of state government who is not
24 a member of the civil service.
25 SEC. 14. Section 20677.9 of the Government Code, as added
26 by Section 15 of Chapter 162 of the Statutes of 2010, is repealed.
27 20677.9. (a)  Notwithstanding Section 20683, effective with
28 the beginning of the pay period following the effective date of this
29 section, the normal rate of contribution for state safety members
30 who are represented by State Bargaining Units 12, 16, 18, and 19
31 shall be 11 percent of compensation in excess of three hundred
32 seventeen dollars ($317) per month paid to a member whose service
33 is not included in the federal system or in excess of five hundred
34 thirteen dollars ($513) for one whose service is included in the
35 federal system.
36 (b)  If the provisions of this section are in conflict with the
37 provisions of a memorandum of understanding reached pursuant
38 to Section 3517.5, the memorandum of understanding shall be
39 controlling without further legislative action, except that if those
40 provisions of the memorandum of understanding require the

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1 expenditure of funds, those provisions shall not become effective

2 unless approved by the Legislature in the annual Budget Act.
3 (c)  Consistent with the normal rate of contribution for all
4 members identified in this subdivision, the Director of the
5 Department of Personnel Administration may exercise his or her
6 discretion to establish the normal rate of contribution for a related
7 state employee who is excepted from the definition of “state
8 employee” in subdivision (c) of Section 3513, and an officer or
9 employee of the executive branch of state government who is not
10 a member of the civil service.
11 SEC. 15. Section 20677.9 of the Government Code, as added
12 by Section 14 of Chapter 163 of the Statutes of 2010, is amended
13 to read:
14 20677.9. (a)  Notwithstanding Section 20683, effective with
15 the beginning of the pay period following the effective date of this
16 section, the normal rate of contribution for state safety members
17 who are represented by State Bargaining Units 12, 16, 18, and 19
18 shall be 11 percent of compensation in excess of three hundred
19 seventeen dollars ($317) per month paid to a member whose service
20 is not included in the federal system or in excess of five hundred
21 thirteen dollars ($513) for one whose service is included in the
22 federal system.
23 (b)  Notwithstanding Section 20683, effective with the beginning
24 of the pay period following the operative date of the amendments
25 to this section made by Senate Bill 151 of the 2011–12 Regular
26 Session, this section shall apply to state safety members who are
27 represented by State Bargaining Unit 13.
28 (b)
29 (c)  If the provisions of this section are in conflict with the
30 provisions of a memorandum of understanding reached pursuant
31 to Section 3517.5, the memorandum of understanding shall be
32 controlling without further legislative action, except that if those
33 provisions of the memorandum of understanding require the
34 expenditure of funds, those provisions shall not become effective
35 unless approved by the Legislature in the annual Budget Act.
36 (c)
37 (d)  Consistent with the normal rate of contribution for all
38 members identified in this subdivision, the Director of the
39 Department of Personnel Administration may exercise his or her
40 discretion to establish the normal rate of contribution for a related

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1 state employee who is excepted from the definition of “state

2 employee” in subdivision (c) of Section 3513, and an officer or
3 employee of the executive branch of state government who is not
4 a member of the civil service.
5 SEC. 16. Section 20677.91 of the Government Code is amended
6 to read:
7 20677.91. (a)  Notwithstanding Section 20683, effective with
8 the beginning of the pay period following ratification by the
9 affected union membership and enactment of this section, the
10 normal rate of contribution for state safety members who are
11 represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or
12 21 shall be 9 percent of compensation in excess of three hundred
13 seventeen dollars ($317) per month paid to a member whose service
14 is not included in the federal system or in excess of five hundred
15 thirteen dollars ($513) for one whose service is included in the
16 federal system.
17 (b)  Notwithstanding Section 20683, effective with the beginning
18 of the pay period following the operative date of the amendments
19 to this section made by Senate Bill 151 of the 2011–12 Regular
20 Session, this section shall apply to state safety members who are
21 represented by State Bargaining Unit 7, 9, or 10.
22 (b)
23 (c)  If the provisions of this section are in conflict with the
24 provisions of a memorandum of understanding reached pursuant
25 to Section 3517.5, the memorandum of understanding shall be
26 controlling without further legislative action, except that if those
27 provisions of the memorandum of understanding require the
28 expenditure of funds, those provisions shall not become effective
29 unless approved by the Legislature in the annual Budget Act.
30 (c)
31 (d)  Consistent with the normal rate of contribution for all
32 members identified in this subdivision, the Director of the
33 Department of Personnel Administration may exercise his or her
34 discretion to establish the normal rate of contribution for a related
35 state employee who is excepted from the definition of “state
36 employee” in subdivision (c) of Section 3513, and an officer or
37 employee of the executive branch of state government who is not
38 a member of the civil service.
39 SEC. 17. Section 20677.95 of the Government Code is amended
40 to read:

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1 20677.95. (a)  Notwithstanding Section 20687, effective with

2 the beginning of the September 2010 pay period, the normal rate
3 of contribution for state peace officer/firefighter members who are
4 represented by State Bargaining Unit 8 shall be 10 percent of the
5 compensation in excess of two hundred thirty-eight dollars ($238)
6 per month paid to those members.
7 (b)  Notwithstanding Section 20687, effective with the beginning
8 of the pay period following the operative date of the amendments
9 to this section made by Senate Bill 151 of the 2011–12 Regular
10 Session, the normal rate of contribution for state peace
11 officer/firefighter members who are represented by State
12 Bargaining Unit 6 shall be 11 percent of the compensation in
13 excess of eight hundred sixty-three dollars ($863) per month paid
14 to those members.
15 (c)  Notwithstanding Section 20687, effective with the beginning
16 of the pay period following the operative date of the amendments
17 to this section made by Senate Bill 151 of the 2011–12 Regular
18 Session, the normal rate of contribution for state peace
19 officer/firefighter members who are represented by State
20 Bargaining Unit 7 shall be 10 percent of the compensation in
21 excess of five hundred thirteen dollars ($513) per month paid to
22 those members.
23 (b)
24 (d)  If the provisions of this section are in conflict with the
25 provisions of a memorandum of understanding reached pursuant
26 to Section 3517.5 or pursuant to Chapter 12 (commencing with
27 Section 3560) of Division 4 of Title 1, the memorandum of
28 understanding shall be controlling without further legislative action,
29 except that if those provisions of a memorandum of understanding
30 require the expenditure of funds, those provisions shall not become
31 effective unless approved by the Legislature in the annual Budget
32 Act.
33 (c)
34 (e)  Consistent with the normal rate of contribution for all
35 members identified in this subdivision, the Director of the
36 Department of Personnel Administration may exercise his or her
37 discretion to establish the normal rate of contribution for a related
38 state employee who is excepted from the definition of “state
39 employee” in subdivision (c) of Section 3513, and an officer or

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1 employee of the executive branch of state government who is not

2 a member of the civil service.
3 SEC. 18. Section 20682 of the Government Code is amended
4 to read:
5 20682. Notwithstanding Sections 20677.4, 20677.5, 20677.6,
6 20677.9, 20683, 20683.1, 20686, and 20687, effective with the
7 beginning of the pay period following enactment of this section,
8 the normal rate of contribution for a state employee who is
9 excepted from the definition of “state employee” in subdivision
10 (c) of Section 3513, and an officer or employee of the executive
11 branch of state government who is not a member of the civil service
12 shall be the following:
13 (a)  For state miscellaneous or state industrial members:
14 (1)  Nine percent of the compensation in excess of three hundred
15 seventeen dollars ($317) per month paid to a member whose service
16 is not included in the federal system.
17 (2)  Eight percent of compensation in excess of five hundred
18 thirteen dollars ($513) per month paid to that member whose
19 service has been included in the federal system.
20 (b)  For state miscellaneous or state industrial members who are
21 excepted from the definition of “state employee” in subdivision
22 (c) of Section 3513 and related to State Bargaining Unit 2:
23 (1)  Ten Nine percent of the compensation in excess of three
24 hundred seventeen dollars ($317) per month paid to a member
25 whose service is not included in the federal system.
26 (2)  Nine Eight percent of compensation in excess of five hundred
27 thirteen dollars ($513) per month paid to that member whose
28 service has been included in the federal system.
29 (c)  State safety members shall be 9 percent of compensation in
30 excess of three hundred seventeen dollars ($317) per month paid
31 to a member whose service is not included in the federal system
32 or in excess of five hundred thirteen dollars ($513) for one whose
33 service is included in the federal system.
34 (d)  Peace officer/firefighter members shall be 11 percent of
35 compensation in excess of eight hundred sixty-three dollars ($863)
36 for state employees who are excepted from the definition of “state
37 employee” in subdivision (c) of Section 3513 and related to State
38 Bargaining Unit 6.
39 (e)  Peace officer/firefighter members shall be 11 percent of
40 compensation in excess of five hundred thirteen dollars ($513) for

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1 state employees who are excepted from the definition of “state

2 employee” in subdivision (c) of Section 3513 and related to State
3 Bargaining Unit 7.
4 SEC. 19. Section 20683.1 of the Government Code is amended
5 to read:
6 20683.1. (a)  For each state safety member subject to Section
7 21369 or 21369.1 who are is represented by State Bargaining Unit
8 2, the normal rate of contribution shall be 7 10 percent of
9 compensation in excess of three hundred seventeen dollars ($317)
10 per month paid to a member whose service is not included in the
11 federal system beginning with the July 2006 pay period following
12 the operative date of the amendments to this section made by
13 Senate Bill 151 of the 2011–12 Regular Session. If the provisions
14 of this section are in conflict with the provisions of a memorandum
15 of understanding reached pursuant to Section 3517.5, the
16 memorandum of understanding shall be controlling without further
17 legislative action, except that if those provisions of the
18 memorandum of understanding require the expenditure of funds,
19 those provisions shall not become effective unless approved by
20 the Legislature in the annual Budget Act.
21 (b)  The Director of the Department of Personnel Administration
22 may establish the normal rate of contribution for a state employee
23 who is excepted from the definition of “state employee” in
24 subdivision (c) of Section 3513, and an officer or employee of the
25 executive branch of state government who is not a member of the
26 civil service. The normal rate of contribution shall be the same for
27 all members identified in this subdivision. The contribution rate
28 shall be effective the beginning of the pay period indicated by the
29 Director of the Department of Personnel Administration but shall
30 be no earlier than the beginning of the pay period following the
31 date the board receives notification.
32 SEC. 20. Section 22944.3 of the Government Code is amended
33 to read:
34 22944.3. (a)  Any amount that would otherwise be used to
35 permanently increase compensation pursuant to Section 19827,
36 effective on July 1, 2009, and on July 1, 2010, shall instead be
37 used to permanently prefund postemployment health care benefits
38 for patrol members. The amount used to prefund benefits relative
39 to any increases under the survey methodology effective July 1,
40 2010, shall not exceed 2 percent. The state shall take credit for

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1 these prefunding contributions in the survey methodology

2 established in Section 19827 in the same manner as it would for
3 an increase to the base salary for patrol members.
4 (b)  Patrol members shall contribute an additional 0.5 percent
5 of base pay toward prefunding retiree health benefit obligations
6 effective on the first day of the pay period following the effective
7 date of the act adding this section and the ratification of the
8 addendum by the members of State Bargaining Unit 5. This
9 contribution shall not reduce the base salary of patrol members
10 under the survey methodology established by Section 19827.
11 (c)  Effective July 1, 2012, the state shall contribute toward
12 prefunding retiree health benefits, on a prospective basis, an
13 amount at least equal to the combined contribution rate established
14 pursuant to subdivisions (a) and (b). These contributions may be
15 used in the survey methodology established by Section 19827 if
16 mutually agreed in a memorandum of understanding.
17 (d)  Contributions paid pursuant to this section shall be used
18 exclusively for the cost of providing postemployment health care
19 to eligible enrolled patrol member annuitants and their eligible
20 enrolled dependents, beneficiaries, and survivors.
21 (e)  Contributions paid pursuant to this section shall not be
22 refundable under any circumstances to a patrol member or his or
23 her beneficiary or survivor.
24 (f)  Any amount used to prefund postemployment health care
25 for patrol members pursuant to subdivision (a) shall not be included
26 in any calculation for benefits using final compensation.
27 (g)  If the provisions of this section are in conflict with the
28 provisions of a memorandum of understanding reached pursuant
29 to Section 3517.5, the memorandum of understanding shall be
30 controlling without further legislative action, except that if those
31 provisions of a memorandum of understanding require the
32 expenditure of funds, the provisions shall not become effective
33 unless approved by the Legislature in the annual Budget Act.
34 (h)  For purposes of this section, “patrol member” has the same
35 meaning as in Section 20390. This section shall not apply to an
36 employee of a county.
37 (i)  The Director of the Department of Personnel Administration
38 may exercise his or her discretion to apply the provisions of this
39 section to patrol members who are excepted from the definition of
40 “state employee” in subdivision (c) of Section 3513, and an officer

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1 or employee of the executive branch of state government who is

2 not a member of the civil service.
3 SEC. 5.
4 SEC. 21. This act is an urgency statute necessary for the
5 immediate preservation of the public peace, health, or safety within
6 the meaning of Article IV of the Constitution and shall go into
7 immediate effect. The facts constituting the necessity are:
8 In order for the provisions of this act to be applicable as soon as
9 possible in the 2010–11 fiscal year and thereby facilitate the orderly
10 administration of state government at the earliest possible time, it
11 is necessary that this act take effect immediately.

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