Article 4. Pension Plan of California Public Utilities Code >> Division 11.5. >> Chapter 5. >> Article 4.
(a) The adoption, terms, and conditions of a pension plan
covering employees of the district in a bargaining unit represented
by a labor organization shall be pursuant to a collective bargaining
agreement between that organization and the district and shall be
subject to this section.
(b) The pension plan and the funds of the plan shall be managed
and administered by a retirement board composed of equal
representation of labor and management. Any deadlock among the
members of the board with respect to that management and
administration shall be resolved in the manner specified in Section
302 of the federal Labor Management Relations Act, 1947 (29 U.S.C.
Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall
be executed in accordance with Section 17 of Article XVI of the
California Constitution.
(d) This section does not apply if the district has, pursuant to a
collective bargaining agreement, provided membership for the
district's represented employees in the Public Employees' Retirement
System, a retirement system established pursuant to the County
Employees Retirement Law of 1937, or a pension trust subject to the
Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001
et seq.).
The district may contract with the Board of Administration
of the Public Employees' Retirement System, and in that case the
board of administration shall enter into a contract with the
district, to enter all, or any portion, of the employees of the
district under that system; provided, that no employees of the
district in a bargaining unit that is represented by a labor
organization shall be included in the contract except as authorized
by a collective-bargaining agreement.
All persons receiving pension benefits from an acquired
public utility, and all persons entitled to pension benefits under
any pension plan of the acquired public utility, may become members
or receive pensions under a pension plan established by the district
by mutual agreement of those persons and the district. The agreement
may provide for the waiver of all rights, privileges, benefits, and
status with respect to the pension plan of the acquired public
utility.