BILL NUMBER: AB 86 CHAPTERED
BILL TEXT

CHAPTER  79
FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
APPROVED BY GOVERNOR  AUGUST 5, 2009
PASSED THE SENATE  JULY 16, 2009
PASSED THE ASSEMBLY  MAY 4, 2009

INTRODUCED BY   Assembly Member Nava

                        JANUARY 5, 2009

   An act to amend Section 22013.7 of, and to add Section 20423.3 to,
the Government Code, relating to public employees' retirement, and
making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


   AB 86, Nava. Public employees' retirement: airport police
officers.
   Under the Public Employees' Retirement Law, employees of
contracting agencies classified as local safety members are entitled
to generally higher benefits, and subject to higher contribution
rates, than those employees classified as local miscellaneous
members. Existing law authorizes contracting agencies to include
specified harbor and port patrol officers within the local safety
member classification. Member contributions are deposited in the
Public Employees' Retirement Fund, a continuously appropriated fund.
   This bill would authorize contracting agencies to include
specified airport law enforcement officers within the local safety
member classification. The bill would exclude these airport law
enforcement officers who are classified as local safety members from
participation in the federal Social Security Act. The bill would make
an appropriation by increasing the amount of employee contributions
to the continuously appropriated Public Employees' Retirement Fund.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20423.3 is added to the Government Code, to
read:
   20423.3.  (a) "Local safety member" also includes any airport
patrol officer, airport law enforcement officer, or airport police
officer employed by a contracting agency who is a peace officer, as
defined in subdivision (d) of Section 830.33 of the Penal Code,
employed by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the peace
officer is the enforcement of the law in or about properties owned,
operated, or administered by the employing agency or when performing
necessary duties with respect to patrons, employees, or properties of
the employing agency.
   (b) This section shall not apply to any contracting agency or to
the employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
pursuant to Section 20474, or by express provision within its
contract with the board.
  SEC. 2.  Section 22013.7 of the Government Code is amended to read:

   22013.7.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Sections 20414,
20423.3, 20423.5, and 20441 for the purposes of Section 218(d)(5)(A)
of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)).