AB 1768: State employees: active duty compensation and benefits.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-09
Existing law grants the right to certain compensation and benefits to state employees who, as members of the California National Guard or a United States military reserve organization, are ordered to active duty by Presidential determination, as specified, or in time of national emergency declared by the President of the United States or otherwise authorized by law. Existing law references specific provisions of federal law for purposes of identifying events that establish how long the affected state employees are required to receive the compensation and benefits, a period which is not to exceed 180 calendar days.
This bill, for purposes of the above-described provisions, would delete the references to federal law. For purposes of establishing how long the affected state employees are required to receive these active duty compensation and benefits, the bill would refer instead to the provisions of California law that generally establish the right of state employees to compensation and benefits while on active duty, as described above. The bill would make other nonsubstantive changes.
Existing law grants the right to certain compensation and benefits to state employees who, as members of the California National Guard or a United States military reserve organization, are ordered to active duty by Presidential determination, as specified, or in time of national emergency declared by the President of the United States or otherwise authorized by law. Existing law references specific provisions of federal law for purposes of identifying events that establish how long the affected state employees are required to receive these compensation and benefits, a period which is not to exceed 180 calendar days.
This bill, for purposes of the above-described provisions, would delete the references to federal law. For purposes of establishing how long the affected state employees are required to receive these active duty compensation and benefits, the bill would refer instead to the provisions of California law that generally establish the right of state employees to compensation and benefits while on active duty, as described above. The bill would make other nonsubstantive changes.
(a)In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President of the United States or otherwise authorized by law, shall have the benefits provided for in subdivision (b).
(b)Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event described in subdivision (a), but not for more than 180 calendar days, as part of the state employees compensation, both of the following:
(1)The difference between the amount of the state employees military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Human Resources.
(2)All benefits that the state employee would have received had the individual not served on active duty unless the benefits are prohibited or limited by vendor contracts.
(c)Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775.
(d)Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Human Resources. For a state employee eligible to participate in a federally sponsored income protection program, and whose monthly salary as a state employee was higher than the sum of the state employees military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days.
(e)For purposes of this section, state employee means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state.
(f)This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or 19775.18 of this code, or Section 395.08 of the Military and Veterans Code.
(a)In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President of the United States or otherwise authorized by law, shall have the benefits provided for in subdivision (b).
(b)Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event as authorized pursuant to Sections 12302 and 12304 of Title 10 of the United States Code, event described in subdivision (a), but not for more than 180 calendar days, as part of his or her compensation the state employees compensation, both of the following:
(1)The difference between the amount of his or her the state employees military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Human Resources.
(2)All benefits that he or she the state employee would have received had he or she the individual not served on active duty unless the benefits are prohibited or limited by vendor contracts.
(c)Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775.
(d)Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Human Resources. For a state employee eligible to participate in a federally sponsored income protection program, and whose monthly salary as a state employee was higher than the sum of his or her the state employees military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days.
(e)For purposes of this section, state employee means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state.
(f)This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or 19775.18 of this code, or Section 395.08 of the Military and Veterans Code.
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Date
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Status
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| Aug 29, 2022 | Vetoed by Governor. |
| Aug 16, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 8, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 8, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4680.). |
| Aug 2, 2022 | Read second time. Ordered to Consent Calendar. |
| Aug 1, 2022 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 29, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 8, 2022 | From committee: Do pass and re-refer to Com. on M. & V.A. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 8). Re-referred to Com. on M. & V.A. |
| May 25, 2022 | Referred to Coms. on L., P.E. & R. and M. & V.A. |
| May 12, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 12, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4658.) |
| May 5, 2022 | Read second time. Ordered to Consent Calendar. |
| May 4, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 4). |
| Apr 6, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 5). Re-referred to Com. on APPR. |
| Mar 16, 2022 | From committee: Do pass and re-refer to Com. on M. & V.A. (Ayes 6. Noes 0.) (March 16). Re-referred to Com. on M. & V.A. |
| Feb 10, 2022 | Referred to Coms. on P.E. & R. and M. & V.A. |
| Feb 3, 2022 | From printer. May be heard in committee March 5. |
| Feb 2, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 8, 2022 | Consent Calendar AB1768 | Senate Floor |
Passed |
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| May 12, 2022 | AB 1768 Cooper Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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