Article 2.7. General Limitations of California Government Code >> Division 4. >> Title 3. >> Part 3. >> Chapter 3. >> Article 2.7.
It is the intent of the Legislature to specifically include
in the County Employees Retirement Law of 1937 provisions of law that
limit public retirement benefits, other than health benefits, for
the members of the legislative bodies of counties and districts and
provisions respecting the impact of salary and benefit increases upon
the funding status of county retirement systems.
This chapter shall be known and may be cited as the Responsibility
in Pensions Act of 1995.
The board of supervisors, in compliance with Section
23026, shall make public, at a regularly scheduled meeting of the
board, all salary and benefit increases that affect either or both
represented employees and nonrepresented employees. Notice of any
salary or benefit increase shall be included on the agenda for the
meeting as an item of business in compliance with the requirements of
Section 54954.2. Notice shall occur prior to the adoption of the
salary or benefit increase, and shall include an explanation of the
financial impact that the proposed benefit change or salary increase
will have on the funding status of the county employees' retirement
system.
The board of retirement, or board of investments in a county in
which a board of investments has been established pursuant to Section
31520.2, is authorized, consistent with its fiduciary duties, to
have an enrolled actuary prepare an estimate of the actuarial impact
of the salary or benefit increase. The actuarial data shall be
reported to the board of supervisors.
Nothing in this section shall be construed to limit or lessen the
requirement imposed by Section 7507 that the costs associated with
increases in benefits be determined by an enrolled actuary and
publicly disclosed two weeks prior to an adoption of the increase in
benefits.
The board of supervisors, in compliance with Section 7507,
shall secure the services of an enrolled actuary to provide a
statement of the actuarial impact upon future annual costs before
authorizing increases in benefits. An "enrolled actuary" means an
actuary enrolled under Sections 1241 and 1242 of Title 29 of the
United States Code and "future annual costs" shall include, but not
be limited to, annual dollar increases or the total dollar increases
involved when available.
The future annual costs as determined by the actuary shall be made
public at a public meeting at least two weeks prior to the adoption
of any increases in benefits.
(a) Notwithstanding any other provision of this chapter, as
provided in Section 53060.1, the benefits of any member of a
legislative body of any county or district shall be no greater than
that received by nonsafety employees of that public agency. In the
case of agencies with different benefit structures, the benefits of
members of the legislative body shall not be greater than the most
generous schedule of benefits being received by any category of
nonsafety employees.
(b) Notwithstanding any other provision of this chapter, members
of the legislative body of a county or district shall not be eligible
to accrue multiple benefits greater than the most generous schedule
of benefits being received by any category of nonsafety employees
from two or more public agencies for concurrent service except in the
case of a member who serves as a regular full-time employee in a
separate public agency.
(c) This section shall be applicable to any member of a
legislative body whose first service commences on and after January
1, 1995.