Section 120521 Of Article 2. Rights Of Employees Of Existing Facilities From California Public Utilities Code >> Division 11. >> Chapter 5. >> Article 2.
120521
. (a) Whenever the board acquires ownership of existing
facilities from a privately or publicly owned corporation or public
utility, either in proceedings in eminent domain or otherwise, and
terminates the corporation or operates the facilities itself, that
has a pension plan in operation, the members and beneficiaries of the
pension plan shall continue to have the rights, privileges,
benefits, obligations, and status with respect to the plan.
The board shall consider, and take into account, the outstanding
obligations and liabilities of the corporation or of the publicly or
privately owned public utility, as the case may be, by reason of the
pension plan, and may negotiate an allowance in the purchase price of
the corporation or the utility for the assumption of those
obligations and liabilities when acquiring the corporation or the
utility.
(b) Instead of maintaining an existing pension plan applicable to
bargaining unit employees of an acquired facility, the board, with
the consent of any exclusive collective bargaining representative of
employees of an acquired facility whose rights are protected by
Section 120520, may enroll the employees in, or transfer them to, the
Public Employees' Retirement System or another retirement system.
(c) A contract to enroll employees in the Public Employees'
Retirement System shall be subject to the provisions of Part 3
(commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
(d) Employees participating in an existing pension plan shall
receive benefits immediately after enrollment in, or transfer to, the
system that are at least equal to, or greater than, the benefits the
employees would have been entitled to immediately before enrollment
in, or transfer to, the system.