Public employment.

The Public Employees' Retirement System provides preretirement death benefits for the surviving spouse or children, or both, as specified, of state members and specified school members not covered by the federal Social Security Act and provides that a surviving spouse becomes eligible for certain of these benefits when he or she attains 60 years of age and meets other specified criteria. Existing law provides that on January 1, 2010, the surviving spouse's eligibility age will increase to 62 years of age, and the financial monthly benefits to the survivors would decrease. This bill would delete the provisions that would change the law on January 1, 2010, and would instead maintain indefinitely the benefits that are currently in effect. Existing law requires the state to pay sworn members of the California Highway Patrol who are rank-and-file members of State Bargaining Unit 5 the estimated average total compensation for each corresponding rank for the Los Angeles Police Department, Los Angeles County Sheriff's Office, San Diego Police Department, Oakland Police Department, and San Francisco Police Department, as specified. Existing law requires the state and the exclusive representative for State Bargaining Unit 5 to jointly survey annually and calculate the estimated average total compensation based on projected average total compensation for the above-named departments as of July 1 of the year in which the survey is conducted. Existing law requires any increase in total compensation resulting from those provisions to be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act. This bill would instead use 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 defined. The bill would prohibit any amount used to prefund postemployment health care for patrol members pursuant to that provision from being included in any calculation for benefits using final compensation. The bill would require patrol members to contribute an additional 0.5% of base pay toward prefunding retiree health benefit obligations effective on the first day of the pay period following the effective date of this act and the ratification of the addendum by the members of State Bargaining Unit 5. The bill would also require the state to contribute toward prefunding retiree health benefits, on a prospective basis, as specified, effective July 1, 2012. The bill would provide that if those provision are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions would not become effective unless approved by the Legislature in the annual Budget Act. Existing law requires the Department of Personnel Administration to provide any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act to the Joint Legislative Budget Committee. Existing law requires the Joint Legislative Budget Committee, within 30 days after receiving the side letter, appendix, or other addendum, to determine if the addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the addendum. This bill would approve an addendum to a memorandum of understanding entered into by the state employer and State Bargaining Unit 5 that require the expenditure of funds. The bill would approve provisions of the addendum that require the expenditure of funds. The bill would provide that those provisions shall not take effect unless the funds are specifically appropriated by the Legislature or already exist within available appropriations, and would allow the reopening of negotiations if the Legislature does not approve or fully fund any addendum included in the bill.