AB 148: State employment: State Bargaining Units: agreements: compensation and benefits.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-08-28
Current Status:
Failed
(2023-09-13: Re-referred to Com. on B. & F.R.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.
Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst, who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days have elapsed since the memorandum was received by the Legislative Analyst.
This bill, notwithstanding the above-described statutory provisions, would approve provisions of agreements entered into by the state employer and State Bargaining Units 1, 3, 4, 5, 11, 12, 13, 14, 15, 17, 19, 20, and 21. The bill would provide that the provisions of the agreements that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or those specified bargaining units to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreements that require the expenditure of funds to become effective even if the provisions approved by the Legislature in legislation other than the annual Budget Act.
Existing law, for the 202324 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2023 is not enacted by July 1, 2023.
This bill would also include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memoranda of understanding for State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive).
Existing law, for the 202425 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2024 is not enacted by July 1, 2024.
This bill would also include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memoranda of understanding for State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive).
Existing law, for the 202526 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by a specified memorandum of understanding between the state employer and State Bargaining Unit 18, if the Budget Act of 2025 is not enacted by July 1, 2025.
This bill would also include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memoranda of understanding for State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive).
This bill, for the 202627 fiscal year, if the Budget Act of 2026 is not enacted by July 1, 2026, with respect to the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 12, 14, 15, 17, 20, and 21, as described above, would continuously appropriate to the Controller from the General Fund, unallocated special funds in the amount necessary for the payment of compensation and employee benefits to state employees covered by this memorandum of understanding until the Budget Act of 2026 in enacted, subject to certain conditions.
(2)Under existing law, an eligible employee is entitled to receive up to 6 weeks of benefits during a 12-month period for Nonindustrial Disability Insurance Family Care Leave. Existing law defines eligible employee for purposes of those provisions, and includes an employee enrolled in the annual leave program and represented by State Bargaining Unit 2 or 9 and for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization, as specified.
This bill would delete the above-referenced bargaining units and would instead refer to an employee enrolled in the annual leave program and represented by a specific bargaining unit that has Nonindustrial Disability Insurance Family Care Leave language in a ratified memorandum of understanding approved by the Legislature.
(3)The Public Employees Retirement Law (PERL) creates the Public Employees Retirement System (PERS) for the purpose of providing public employees pension and benefits to state employees and their beneficiaries. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees Retirement Fund, a continuously appropriated trust fund administered by the systems board of administration. The PERL and labor agreements prescribe different normal rates of contribution for employees depending on bargaining unit, employer, and inclusion of service in the federal social security system, among other factors.
Existing law that prescribes these normal rates of contribution for certain categories of employees also authorizes the Director of the Department of Human Resources to exercise discretion in establishing the normal rate of contribution for a state employee who is excepted from a specific statutory definition of state employee or is an officer or employee of the executive branch of state government who is not a member of the civil service, subject to certain conditions.
Existing law adjusts the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 12 by 11% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system and by 10% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system.
This bill, effective July 1, 2024, would revise the normal contribution rate for state miscellaneous and industrial members represented by State Bargaining Unit 12 by 9.5% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system and 10.5% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system. The bill, effective July 1, 2025, would revise the normal rate of contribution for state miscellaneous members represented by State Bargaining Unit 12 by 9% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system and by 10% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system. The bill, effective July 1, 2025, would provide that the normal contribution rate for state industrial members represented by State Bargaining Unit 12 shall remain at 9.5% of compensation in excess of $513 per month paid to a member whose service has been in the federal system and 10.5% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system. The bill would provide that the above employee contribution rates would remain in effect beginning July 1, 2026, for those members unless the board makes certain determinations with respect to the normal cost rates, as specified.
Existing law, effective January 1, 2019, establishes the normal rate of contribution for state safety members represented by State Bargaining Unit 12 as 11% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system or in excess of $513 for a member whose service is included in the federal system, in accordance with certain provisions.
This bill, effective July 1, 2026, would require the normal rate of contribution for state safety members who are represented by State Bargaining Unit 12, as described, to remain in effect unless the board makes certain determinations with respect to increases or decreases in the normal cost rates, as specified.
Existing law establishes the normal contribution rate for state miscellaneous or state industrial members who are represented by State Bargaining Unit 19 as 11% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system or in excess of $513 for a member whose service is included in the federal system.
This bill, effective July 1, 2024, would instead require the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 19 to be 9.5% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system and 10.5% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system. The bill, effective July 1, 2025, would provide that the normal rate of contribution for state miscellaneous members who are represented by State Bargaining Unit 19 would be 9% of compensation in excess of $513 per month paid to a member whose service is included in the federal system and 10% of compensation in excess of $317 per month paid to a member whose service is included in the federal system.
The bill, effective July 1, 2025, would provide that the normal contribution rate for state industrial members represented by State Bargaining Unit 19 would remain at 9.5% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system and 10.5% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system. This bill, effective July 1, 2026, would require the normal rate of contribution for state safety members who are represented by State Bargaining Unit 19, as described above, to remain in effect unless the board makes certain determinations with respect to increases or decreases in the normal cost rates, as specified.
Existing law establishes the normal contribution rate for state safety members represented by State Bargaining Unit 19 at 11% percent of compensation in excess of $317 per month paid to a member whose service is not included in the federal system or in excess of $513 for one whose service is included in the federal system.
This bill, effective July 1, 2026, would require the normal rate of contribution for state safety members who are represented by State Bargaining Unit 19, as described, to remain in effect unless the board makes certain determinations with respect to increases or decreases in the normal cost rates, as specified.
The bill would also permit the Director of the Department of Human Resources, consistent with the above-described provisions, to exercise discretion in establishing normal contribution rates for related exempt state employees and executive branch officers or employees who are not civil service members, as specified.
(4)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.
PEMHCA establishes the normal rate of contribution with respect to employees in State Bargaining Units 1, 4, 11, 14, 15, 17, 20, and 21 in an amount equal to 80% of the weighted average of certain health benefit plan premium costs, as prescribed.
This bill would instead provide that the employer contribution for each employee in the above bargaining units would equal 80% of the weighted average of the basic health benefit plan premiums for active civil service employees enrolled in a specified plan and an additional 80% of the weighted average for enrolled family members, subject to certain conditions. The bill would also require the employer contribution to include an additional amount of up to $165 toward the monthly employer benefit contribution for each employee, effective no earlier than December 1, 2023, under specified circumstances.
PEMHCA requires the state and employees in specified bargaining units to prefund retiree health care costs, subject to certain conditions. This includes employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, as prescribed in a specified schedule, which includes an additional 1.2% for a total employee contribution of 3.5% of pensionable compensation effective July 1, 2020.
This bill, effective the first day of the pay period following ratification, would reduce that contribution percentage by .5%, for a total employee contribution of 3.0% of pensionable compensation. Effective July 1, 2024, and each July thereafter, the bill would require contribution percentages for the above-described bargaining units to be adjusted based on actuarially determined total normal costs.
(5)The California Public Employees Pension Reform Act of 2013 (PEPRA), on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan. PEPRA defines pensionable compensation for a new member and excludes certain categories of compensation from this definition. Under PEPRA, the state employer is authorized to determine if excluded compensation shall apply to nonrepresented state employees who are aligned with state employees subject to a specified memorandum of understanding.
This bill would revise that provision on excluded compensation to authorize the state employer to determine if excluded compensation, as identified, would apply to nonrepresented state employees who are either excluded from the definition of state employee, as specified, or nonelected officers or employees of the executive branch of government who are not members of the civil service, under the above-described circumstances. The bill would also authorize the state employer to make certain related determinations regarding whether to designate a form of compensation as pensionable compensation for new members.
(6)The bill would appropriate the sum of $1,158,179,000 for State Bargaining Units 1, 3, 4, 11, 12, 13, 14, 15, 17, 19, 20, and 21, and employees excluded from collective bargaining, in accordance with a specified schedule.
(7)This bill would incorporate additional changes to Sections 19829.9851, 19829.9852, and 19829.9853 of the Government Code proposed by AB 151, SB 151, or both, to be operative only if this bill and either AB 151, SB 151, or both, are enacted and this bill is enacted last.
(8)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.This bill would express the intent of the Legislature to enact statutory changes changes, relating to the Budget Act of 2023.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
The Legislature finds and declares that the purpose of this act is to approve the agreements and make conforming statutory changes for the agreements entered into by the state employer and State Bargaining Units 1, 3, 4, 5, 11, 12, 13, 14, 15, 17, 19, 20, and 21 pursuant to Section 3517.5 of the Government Code.
SEC. 2.Notwithstanding Section 19829.5 of the Government Code, the provisions of the memorandum of understanding or addenda, or both, prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, dated August 24, 2023 (Health Care Facility Retention Payment), State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, dated August 19, 2023 (Memorandum of Understanding), State Bargaining Unit 5, dated August 22, 2023 (Alternate Work Week Schedule Pilot Project), State Bargaining Unit 12, dated July 13, 2023 (Memorandum of Understanding), State Bargaining Unit 13, dated August 11, 2023 (Health Care Facility Retention and Wildfire Emergency Response), State Bargaining Unit 19, dated August 2, 2023 (Memorandum of Understanding), and State Bargaining Unit 19, dated June 9, 2023 (Health Care Facility Retention Payment), that require the expenditure of funds, are hereby approved for the purposes of Section 3517.6 of the Government Code.
SEC. 3.The provisions of the memoranda of understanding or addenda, or both, approved in Section 2 of this act that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, either the state employer or State Bargaining Units 1, 3, 4, 11, 12, 13, 14, 15, 17, 19, 20, and 21 may reopen negotiations on all or part of the memoranda of understanding or addenda, or both.
SEC. 4.Notwithstanding Section 3517.6 of the Government Code, the provisions of the memoranda of understanding or addenda, or both, included in Section 2 of this act that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding or addenda, or both, are approved by the Legislature in legislation other than the annual Budget Act.
SEC. 5.Section 7522.34 of the Government Code is amended to read:7522.34.(a)Pensionable compensation of a new member of any public retirement system means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules, subject to the limitations of subdivision (c).
(b)Compensation that has been deferred shall be deemed pensionable compensation when earned rather than when paid.
(c)Notwithstanding any other law, pensionable compensation of a new member does not include the following:
(1)Any compensation determined by the board to have been paid to increase a members retirement benefit under that system.
(2)Compensation that had previously been provided in kind to the member by the employer or paid directly by the employer to a third party other than the retirement system for the benefit of the member and which was converted to and received by the member in the form of a cash payment.
(3)Any one-time or ad hoc payments made to a member.
(4)Severance or any other payment that is granted or awarded to a member in connection with or in anticipation of a separation from employment, but is received by the member while employed.
(5)Payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated, whether paid in a lump sum or otherwise, regardless of when reported or paid.
(6)Payments for additional services rendered outside of normal working hours, whether paid in a lump sum or otherwise.
(7)Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms.
(8)Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code.
(9)Employer contributions to deferred compensation or defined contribution plans.
(10)Any bonus paid in addition to the compensation described in subdivision (a).
(11)Any other form of compensation a public retirement board determines is inconsistent with the requirements of subdivision (a).
(12)Any other form of compensation a public retirement board determines should not be pensionable compensation.
(13)(A)Any form of compensation identified that has been agreed to be nonpensionable pursuant to a memorandum of understanding for state employees bound by the memorandum of understanding. The state employer subject to the memorandum of understanding shall inform the retirement system of the excluded compensation and provide a copy of the memorandum of understanding.
(B)The state employer may determine if excluded compensation identified in subparagraph (A) shall apply to nonrepresented state employees who are either excluded from the definition of state employee in Section 3513, or are nonelected officers or employees of the executive branch of government who are not members of the civil service and aligned with state employees subject to the memorandum of understanding described in subparagraph (A). The state employer shall inform the retirement system of the exclusion of this compensation and provide a copy of the public pay schedule detailing the exclusion.
(d)Notwithstanding any other law, if a form of compensation is expressly designated as pensionable compensation for a new member pursuant to a memorandum of understanding for state employees, the memorandum of understanding shall be controlling as to that form of compensation without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. This subdivision does not apply to any form of compensation that is excluded from the definition of pensionable compensation pursuant to paragraphs (1) through (9), inclusive, of subdivision (c). The state employer shall inform the retirement system of the inclusion of this form of compensation and provide a copy of the public pay schedule detailing the inclusion.
(e)The state employer may determine if a form of compensation shall be designated as pensionable compensation for new members, who are nonrepresented state employees excluded from the definition of state employee in Section 3513, or are nonelected officers or employees of the executive branch of government who are not members of the civil service. This subdivision does not apply to any form of compensation that is excluded from the definition of pensionable compensation pursuant to paragraphs (1) through (9), inclusive, of subdivision (c). The state employer shall inform the retirement system of the inclusion of this form of compensation and provide a copy of the public pay schedule detailing the inclusion.
SEC. 6.Section 19829.9851 of the Government Code is amended to read:19829.9851.(a)Notwithstanding Section 13340, for the 202324 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2023 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2023, of the 202324 fiscal year and the enactment of the Budget Act of 2023.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2023, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2023 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), memorandum (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, and the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023. June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 6.5.Section 19829.9851 of the Government Code is amended to read:19829.9851.(a)Notwithstanding Section 13340, for the 202324 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 1, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2023 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2023, of the 202324 fiscal year and the enactment of the Budget Act of 2023.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2023, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2023 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), memorandum (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and the State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, 2025, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, and the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023. June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 7.Section 19829.9852 of the Government Code is amended to read:19829.9852.(a)Notwithstanding Section 13340, for the 202425 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023 to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023 to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026 inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2024 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2024, of the 202425 fiscal year and the enactment of the Budget Act of 2024.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, and the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 7.5.Section 19829.9852 of the Government Code is amended to read:19829.9852.(a)Notwithstanding Section 13340, for the 202425 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023 to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023 to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026 inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2024 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2024, of the 202425 fiscal year and the enactment of the Budget Act of 2024.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive),State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive),State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, and the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 8.Section 19829.9853 of the Government Code is amended to read:19829.9853.(a)Notwithstanding Section 13340, for the 202526 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2025 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2025, of the 202526 fiscal year and the enactment of the Budget Act of 2025.
(b)If the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) is inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memorandum memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2025, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2025 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 memorandum of understanding (effective July 1, 2022, to July 1, 2025). 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 8.5.Section 19829.9853 of the Government Code is amended to read:19829.9853.(a)Notwithstanding Section 13340, for the 202526 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memorandum memoranda of understanding entered into between the state employer and and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2025 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2025, of the 202526 fiscal year and the enactment of the Budget Act of 2025.
(b)If the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) is inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memorandum memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2025, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2025 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 memorandum of understanding (effective July 1, 2022, to July 1, 2025). 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 9.Section 19829.9854 is added to the Government Code, to read:19829.9854.(a)Notwithstanding Section 13340, for the 202627 fiscal year, if the Budget Act of 2026 is not enacted by July 1, 2026, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive) and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2026 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2026, of the 202626 fiscal year and the enactment of the Budget Act of 2026.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive) and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026 inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2026, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2026 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive) and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026 inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum for State Bargaining Unit 11 expires on June 30, 2026, the memorandum for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 10.Section 19878.5 of the Government Code is amended to read:19878.5.(a)For purposes of this article relating to Nonindustrial Disability Insurance Family Care Leave, an eligible employee is either of the following:
(1)An employee excluded from the definition of state employee in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service and eligible for managerial benefits, who has enrolled in the annual leave program under Article 2.5 (commencing with Section 19858.3).
(2)An employee enrolled in the annual leave program and represented by State Bargaining Unit 2 or State Bargaining Unit 9 and for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to be subject to this article and has been approved by the Legislature pursuant to law. a specific bargaining unit that has Nonindustrial Disability Insurance Family Care Leave language in a ratified memorandum of understanding approved by the Legislature pursuant to law.
(b)An eligible employee shall be entitled to receive up to six weeks of benefits during a 12-month period for Nonindustrial Disability Insurance Family Care Leave in accordance with this article.
SEC. 11.Section 20677.61 is added to the Government Code, to read:20677.61.(a)Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2024, the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 12 shall be as follows:
(1)Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system.
(b)Effective July 1, 2025, the normal contribution rate for state miscellaneous members who are represented by State Bargaining Unit 12 shall be as follows:
(1)Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system.
(c)Effective July 1, 2025, the normal contribution rate for state industrial members who are represented by State Bargaining Unit 12 shall remain at:
(1)Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system.
(d)Effective July 1, 2026, the employee contribution rates in subdivisions (b) and (c) shall remain in effect for state miscellaneous or industrial members unless the board determines that:
(1)The total normal cost rate increases or decreases by more than 1 percent from the 202526 fiscal year total normal cost.
(2)Fifty percent of the normal cost rate rounded to the nearest one-quarter of 1 percent is greater or lesser than the employee contribution rates in subdivisions (b) and (c).
(e)When the board determines that paragraphs (1) and (2) of subdivision (d) have been met, the employee contribution rate for miscellaneous or industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent on July 1 of the fiscal year after the determination.
(f)(1)Each year thereafter, the employee contribution rate shall not be adjusted again on account of a change to the normal cost rate unless the board determines that the normal cost rate has increased or decreased by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted.
(2)Employee contributions shall continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) per month paid to the member whose service has been included in the federal system or in excess of three hundred and seventeen dollars ($317) per month paid to the member whose service has not been included in the federal system.
(g)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act.
(h)Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of state employee in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service.
SEC. 12.Section 20677.92 is added to the Government Code, to read:20677.92.(a)Notwithstanding Sections 20683 and 20677.9, effective July 1, 2026, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 12 described in Section 20677.9 shall remain in effect unless the board has determined that both of the following conditions have been met:
(1)The total normal cost rate has increased or decreased by more than 1 percent from the 202526 fiscal year total normal cost.
(2)Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rates established in Section 20677.9.
(b)If the board determines that the requirements of paragraph (1) and (2) of subdivision (a) have been met, the normal contribution rate for state safety members who are represented by State Bargaining Unit 12 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent on July 1 of the fiscal year after the determination.
(c)(1)Each year thereafter, the rate shall only be adjusted if the board determines that the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted.
(2)Employee contributions shall continue to be a percentage of pensionable compensation in excess of three hundred and seventeen dollars ($317) per month paid to the member.
(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act.
(e)Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of state employee in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service.
SEC. 13.Section 20677.93 is added to the Government Code, to read:20677.93.(a)Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2024, the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 19 shall be as follows:
(1)Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system.
(b)Effective July 1, 2025, the normal contribution rate for state miscellaneous members who are represented by State Bargaining Unit 19 shall be as follows:
(1)Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system.
(c)Effective July 1, 2025, the normal contribution rate for state industrial members who are represented by State Bargaining Unit 19 shall remain at:
(1)Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system.
(2)Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system.
(d)Effective July 1, 2026, the employee contribution rates in subdivisions (b) and (c) shall remain in effect unless the board has determined that both of the following conditions have been met:
(1)The total normal cost rate increases or decreases by more than 1 percent from the 202526 fiscal year total normal cost.
(2)Fifty percent of the normal cost rate rounded to the nearest one-quarter of 1 percent is greater or lesser than the employee contribution rates in subdivisions (b) and (c).
(e)When the board determines that paragraphs (1) and (2) of subdivision (d) have been met, the employee contribution rate for miscellaneous or industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent on July 1 of the fiscal year after the determination.
(f)Each year thereafter, the employee contribution rate shall not be adjusted again on account of a change to the normal cost rate unless the board determines that the normal cost rate has increased or decreased by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted.
(g)Employee contributions shall continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) per month paid to the member whose service has been included in the federal system or in excess of three hundred and seventeen dollars ($317) per month paid to the member whose service has not been included in the federal system.
(h)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act.
(i)Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of state employee in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service.
SEC. 14.Section 20677.94 is added to the Government Code, to read:20677.94.(a)Notwithstanding Sections 20677.9 and 20683, effective July 1 ,2026, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 19 described in Section 20677.9 shall remain in effect unless the board has determined that both of the following conditions have been met:
(1)The total normal cost rate has increased or decreased by more than 1 percent from the 202526 fiscal year total normal cost.
(2)Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rates established in Section 20677.9.
(b)If the board determines that the requirements of paragraph (1) and (2) of subdivision (a) have been met, the normal contribution rate for state safety members who are represented by State Bargaining Unit 19 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent on July 1 of the fiscal year after the determination.
(c)(1)Each year thereafter, the rate shall only be adjusted if the board determines that the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted.
(2)Employee contributions shall continue to be a percentage of pensionable compensation in excess of three hundred and seventeen dollars ($317) per month paid to the member.
(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act.
(e)Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of state employee in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service.
SEC. 15.Section 20871.10 is added to the Government Code, to read:20871.10.(a)Notwithstanding Section 22871.9, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Units 1, 4, 11, 14, 15, 17, 20, and 21 shall be as described in subdivision (b).
(b)Effective with the beginning of the pay period following ratification by the affected union membership and enactment of this section, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year
(c)Effective the first day of the pay period following ratification but no earlier than December 1, 2023, the employer contribution shall include an additional amount of up to $165 (one hundred and sixty-five dollars) toward the monthly employer health benefit contribution for each employee who is enrolled in a CalPERS sponsored health plan.
(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature.
SEC. 16.Section 22944.5 of the Government Code is amended to read:22944.5.(a)(1)The state and employees in State Bargaining Unit 2, 7, 8, 9, 10, 13, 18, or 19 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2019.
(2)The state and employees in State Bargaining Units 6 and 16 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2018.
(3)The state and employees in the judicial branch shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2017.
(4)The state and employees in State Bargaining Unit 1, 3, 4, 5, 11, 12, 14, 15, 17, 20, or 21 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2020.
(b)(1)The employees in State Bargaining Unit 9 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 0.5 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 0.5 percent for a total employee contribution of 1.0 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 2.0 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(2)The employees in State Bargaining Unit 10 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 0.7 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 0.7 percent for a total employee contribution of 1.4 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 2.8 percent of pensionable compensation.
(D)Effective July 1, 2020, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than one-half of 1 percent from the total normal cost contribution percentages in effect on July 1, 2019. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year.
(E)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (D), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (D).
(3)The employees in State Bargaining Unit 6 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2016, 1.3 percent of pensionable compensation.
(B)Effective July 1, 2017, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation.
(C)Effective July 1, 2018, an additional 1.4 percent for a total employee contribution of 4.0 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning on July 1, 2020, and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(4)The state employees in the judicial branch shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2016, 1.5 percent of pensionable compensation.
(B)Effective July 1, 2017, up to an additional 1.5 percent for a total employee contribution of up to 3.0 percent of pensionable compensation. The additional amount shall be determined by the Director of Finance no later than April 1, 2017, based on the actuarially determined normal costs identified in the state valuation.
(C)This paragraph does not apply to a judge who is subject to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8.
(5)The employees in State Bargaining Unit 12 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.5 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.0 percent for a total employee contribution of 2.5 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 3.5 percent of pensionable compensation.
(D)Effective July 1, 2020, an additional 1.1 percent for a total employee contribution of 4.6 percent of pensionable compensation.
(E)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (D), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (D).
(F)Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the employer and employee contribution percentages shall be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than one-half of 1 percent from the total normal cost contribution percentages in effect at the time. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year.
(6)The employees in State Bargaining Unit 2 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 0.7 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 0.6 percent for a total employee contribution of 1.3 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 0.7 percent for a total employee contribution of 2.0 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(E)Effective the first day of the pay period following ratification by both parties, the employer and State Bargaining Unit 2 employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing the first day of the pay period following ratification, and on July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(7)The employees in State Bargaining Unit 7 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.3 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.4 percent for a total employee contribution of 2.7 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.3 percent for a total employee contribution of 4.0 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(8)The employees in State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2018, 1.2 percent of pensionable compensation.
(B)Effective July 1, 2019, an additional 1.1 percent for a total employee contribution of 2.3 percent of pensionable compensation.
(C)Effective July 1, 2020, an additional 1.2 percent for a total employee contribution of 3.5 percent of pensionable compensation.
(D)Effective the first day of the pay period following ratification, the contribution percentage in subparagraph (C) shall be reduced by 0.5 percent for a total employee contribution of 3.0 percent of pensionable compensation.
(E)Effective July 1, 2024, and each July thereafter, State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. The employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(D)(F)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning on July 1, 2020, and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(9)The employees in State Bargaining Unit 8 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.5 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.5 percent for a total employee contribution of 3.0 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 4.4 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(E)Effective the first day of the pay period following ratification by both parties, but no sooner than November 1, 2022, the employer and employee contribution will be decreased by 1 percent from 4.4 percent to 3.4 percent.
(F)Effective July 1, 2023, the contribution percentages will be adjusted based on the actuarially determined total normal cost. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent or one-half of 1 percent from the normal total cost contribution percentages in effect at the time. If it is determined that an adjustment to the contribution rate is necessary, commencing no sooner than July 1, 2023, and July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(10)The employees in State Bargaining Unit 13 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.3 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.3 percent for a total employee contribution of 3.9 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning with the August 2020 pay period and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(E)Effective the first day of the pay period following ratification by both parties, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2022, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(11)The employees in State Bargaining Unit 18 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.3 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 4.0 percent of pensionable compensation.
(D)After July 1, 2019, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2021, and on July 1 of each fiscal year thereafter, if it is determined that an adjustment to the contribution rate is necessary, the employer and employee contribution percentages will be increased to maintain a 50-percent cost sharing of actuarially determined total normal costs. The increase to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(E)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraphs (C) and (D), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraphs (C) and (D).
(F)Effective the first day of the pay period following ratification by both parties, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing the first day of the pay period following ratification, and on July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(12)The employees in State Bargaining Unit 19 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1.0 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 1.0 percent for a total employee contribution of 2.0 percent of pensionable compensation.
(C)Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 3.0 percent of pensionable compensation.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (C).
(13)The employees in State Bargaining Unit 16 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(A)Effective July 1, 2017, 1 percent of pensionable compensation.
(B)Effective July 1, 2018, an additional 0.4 percent for a total employee contribution of 1.4 percent of pensionable compensation.
(C)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraph (B), is suspended and shall not be withheld from employees salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will continue in the 202021 fiscal year, as described in subparagraph (B).
(14)Notwithstanding Section 22944.3 of the Government Code, the state and employees in State Bargaining Unit 5 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined total normal costs for both employer and employees by July 1, 2020.
(A)The employees in State Bargaining Unit 5 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution:
(B)Effective July 1, 2020, 0.0 percent of pensionable compensation for employees and 3.4 percent of pensionable statutory salary increases redirected to prefund OPEB paid for by the employer.
(C)After July 1, 2020, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2021, and on July 1 of each fiscal year thereafter, if it is determined that an adjustment to the contribution rate is necessary, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. The increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year.
(D)The employees monthly contribution for prefunding other postemployment benefits for the 202021 fiscal year, as described in subparagraphs (B) and (C), is suspended and shall not be withheld from employees salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employers monthly contribution for prefunding other postemployment benefits will also be suspended during the 202021 fiscal year, as described in subparagraphs (B) and (C), beginning with the July 2020 pay period and ending on June 30, 2021.
(E)Effective July 1, 2020, the statutory increase redirected as a result of subdivision (a) of Section 19827 shall count towards the employee contribution percentage when determining the 50-percent cost sharing of actuarially determined total normal costs.
(F)Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the parties shall incorporate the 3.4 percent employee share of pensionable compensation into the salary survey conducted pursuant to Section 19827 of Government Code.
(G)Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the employees in State Bargaining Unit 5 and the state shall make contributions to prefund retiree health care based on the following schedule:
(i)Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, employees shall contribute 0.9 percent of pensionable compensation and the employer shall contribute 5.9 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation.
(ii)Effective July 1, 2022, or July 1, 2024, employees shall contribute 1.7 percent of pensionable compensation and the employer shall contribute 5.1 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation.
(iii)Effective July 1, 2023, or July 1, 2025, employees shall contribute 2.6 percent of pensionable compensation and the employer shall contribute 4.2 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation.
(iv)Effective July 1, 2024, employees shall contribute 3.4 percent of pensionable compensation and the employer shall contribute 3.4 percent of pensionable compensation, for a total of 6.8 percent of pensionable compensation.
(c)This section only applies to employees who are eligible for health benefits, including permanent intermittent employees.
(d)Contributions paid pursuant to this section shall be deposited in the Annuitants Health Care Coverage Fund and shall not be refundable under any circumstances to an employee or the employees beneficiary or survivor.
(e)If the provisions of this section are in conflict with the provisions of a memorandum of understanding or addenda, or both, reached pursuant to Section 3517.5, that memorandum of understanding or addenda, or both, shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding or addenda require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(f)This section shall also apply to a state employee related to a bargaining unit described in subdivision (a) who is excepted from the definition of state employee in subdivision (c) of Section 3513, and the Director of the Department of Human Resources may establish the total employee contribution to prefund retiree health care as a percentage of pensionable compensation.
(g)(1)With the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2020, the Director of the Department of Human Resources may establish the total employee contribution to prefund retiree health care as a percentage of pensionable compensation for the following:
(A)A state employee who is not related to a bargaining unit described in subdivision (a) and who is excepted from the definition of state employee in subdivision (c) of Section 3513.
(B)An officer or employee of the executive branch of state government who is not a member of the civil service.
(2)An employee or officer to whom this subdivision applies shall make contributions to prefund retiree health care based on the percentages established in paragraph (1), and the state shall match the contributions.
SEC. 17.(a)Section 6.5 of this bill incorporates amendments to Section 19829.9851 of the Government Code proposed by this bill, Assembly Bill 151, and Senate Bill 151. That section of this bill shall only become operative if (1) this bill and either AB 151 or SB 151, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 151 or SB 151, or both, amend Section 19829.9851 of the Government Code, and (3) this bill is enacted after Assembly Bill 151, Senate Bill 151, or both, in which case Section 6 of this bill shall not become operative.
(b)Section 7.5 of this bill incorporates amendments to Section 19829.9852 of the Government Code proposed by this bill, Assembly Bill 151, and Senate Bill 151. That section of this bill shall only become operative if (1) both this bill and either AB 151 or SB 151, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 151 or SB 151, or both, amend Section 19829.9852 of the Government Code, and (3) this bill is enacted after Assembly Bill 151, Senate Bill 151, or both, in which case Section 7 of this bill shall not become operative.
(c)Section 8.5 of this bill incorporates amendments to Section 19829.9853 of the Government Code proposed by this bill, Assembly Bill 151, and Senate Bill 151. That section of this bill shall only become operative if (1) both this bill and either AB 151 or SB 151, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 151 or SB 151, or both, amend Section 19829.9853 of the Government Code, and (3) this bill is enacted after Assembly Bill 151, Senate Bill 151, or both, in which case Section 8 of this bill shall not become operative.
SEC. 18.The sum of one billion one hundred fifty-eight million one hundred seventy-nine thousand dollars ($1,158,179,000) is hereby appropriated for State Bargaining Units 1, 3, 4, 11, 12, 13, 14, 15, 17, 19, 20, and 21, and employees excluded from collective bargaining for expenditure in the 202324 fiscal year in augmentation of, and for the purpose of, state employee compensation, as provided in Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of 2023, in accordance with the following schedule:
(a)Five hundred ninety-six million two hundred fourteen thousand dollars ($596,214,000) from the General Fund in augmentation of Item 9800-001-0001 of Section 2.00 of the Budget Act of 2023.
(b)Three hundred eighty-one million seven thousand dollars ($381,007,000) from unallocated special funds in augmentation of Item 9800-001-0494 of Section 2.00 of the Budget Act of 2023.
(c)One hundred eighty million nine hundred fifty-eight thousand dollars ($180,958,000) from other unallocated nongovernmental cost funds in augmentation of Item 9800-001-0988 of Section 2.00 of the Budget Act of 2023.
SEC. 19.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
SECTION 1.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.It is the intent of the Legislature to enact statutory changes changes, relating to the Budget Act of 2023.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
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Date
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Status
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|---|---|
| Sep 13, 2023 | Re-referred to Com. on B. & F.R. |
| Aug 31, 2023 | Read second time. Ordered to third reading. |
| Aug 30, 2023 | From committee: Do pass. (Ayes 13. Noes 3.) (August 30). |
| Aug 28, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R. |
| Apr 12, 2023 | Referred to Com. on B. & F.R. |
| Mar 23, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 23, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 852.) |
| Mar 21, 2023 | Read second time. Ordered to third reading. |
| Mar 20, 2023 | Assembly Rule 96 suspended. (Ayes 61. Noes 17. Page 732.) |
| Mar 20, 2023 | Ordered to second reading. |
| Mar 20, 2023 | Withdrawn from committee. |
| Feb 2, 2023 | Re-referred to Com. on BUDGET. |
| Feb 1, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended. |
| Jan 26, 2023 | Referred to Com. on BUDGET. |
| Jan 10, 2023 | From printer. May be heard in committee February 9. |
| Jan 9, 2023 | 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 30, 2023 | Do pass | Senate Standing Committee on Budget and Fiscal Review |
Passed |
|
| Mar 23, 2023 | AB 148 Budget Assembly Third Reading By TING | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 148 |
THIRD READING
Bill No: AB 148
Author: Committee on Budget
Amended: 8/28/23 in Senate
Vote: 21 - Urgency
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-3, 8/30/23
AYES: Skinner, Becker, Caballero, Durazo, Eggman, Laird, McGuire, Menjivar, Min, Newman, Padilla, Roth, Smallwood-Cuevas
NOES: Niello, Dahle, Seyarto
NO VOTE RECORDED: Grove, Ochoa Bogh
ASSEMBLY FLOOR: Not relevant
SUBJECT: State employment: State Bargaining Units: agreements: compensation and benefits
SOURCE: Author
DIGEST:
This bill, a budget trailer bill, makes necessary statutory changes to ratify and implement memoranda of understanding (MOUs), MOU side letter agreements, and General Salary Increase (GSI) adjustments.
ANALYSIS: This bill makes necessary statutory changes to ratify and implement memoranda of understanding (MOUs) between Bargaining Units (BUs) 1, 3, 4, 11, 12, 14, 15, 17, 19, 20, and 21 and the state, MOU side letter agreements between BUs 1, 3, 4, 5, 11, 13, 14, 15, 17, 19, 20, and 21 and the state and General Salary Increase (GSI) adjustments for BU 5 (California Association of Highway Patrolmen) and Judges. The agreements cover state employees represented by five exclusive employee representatives, as follows:
Service Employees International Union, Local 1000 (SEIU 1000)
- BU 1: Administrative, Financial, and Staff Services
- BU 3: Professional Educators and Librarians
- BU 4: Office and Allied
- BU 11: Engineering and Scientific Technicians
- BU 14: Printing Trades
- BU 15: Allied Services
- BU 17: Registered Nurses
- BU 20: Medical and Social Services
- BU 21: Education Consultants and Library Employees
California Association of Highway Patrolmen (CAHP)
- Bargaining Unit 5: Highway Patrol
International Union of Operating Engineers (IUOE)
- Bargaining Unit 12: Craft and Maintenance
International Union of Operating Engineers (IUOE)
- Bargaining Unit 13: Stationary Engineers
American Federation of State, County and Municipal Employees (AFSCME)
- Bargaining Unit 19: Health and Social Services/Professional
Existing law:
- Establishes the Ralph C. Dills Act, which requires the state to collectively bargain with the exclusive representatives of employee groups (i.e., bargaining units) - regarding wages and working conditions, and to define negotiated agreements in MOUs.
- Establishes the California Department of Human Resources (CalHR) as the official representative of the Governor in all matters related to collective bargaining with state employees.
- Requires that any MOU between the state and an exclusive representative be ratified by the Legislature.
- Establishes the California Public Employees' Retirement System (CalPERS), which administers health and retirement benefits for state employees.
- Requires the Legislative Analyst's Office (LAO) to analyze all state MOUs and to provide analysis of an MOU and its fiscal impact to the Legislature within 10 days of receipt of an MOU from CalHR.
- Provides that fully vested state retirees (e.g., with 20 or more years of state employment or with 25 years or more, depending on the bargaining unit) are entitled to an employer contribution for retiree health care equal to 80 or 100 percent of the weighted average premium of the four health plans most highly utilized by all members. Depending on the bargaining unit, dependents are eligible for a contribution based on 80 or 90 percent of the average additional premiums paid for dependents during the benefit year in which the formula is applied. These are referred to as the 80/80 and 100/90 formulas.
- Requires that Medicare-eligible retirees enroll in Medicare and choose a Medicare-coordinated health plan.
- Provides that the employer contribution for active state employee health care shall be determined through collective bargaining.
This bill ratifies five MOUs and four MOU side letters entered into between the state and various bargaining units. Includes provisions to take effect immediately. Specifically, this measure ratifies the following:
- Memoranda of Understanding with BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21. This bill ratifies an MOU entered into between the state and BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21, represented by the Service Employees International Union, Local 1000 (SEIU), on August 19, 2023. The MOU agreement is, as follows:
Compensation
General Salary Increase (GSI)
- Effective July 1, 2023, retroactively, all SEIU employees shall receive a three percent (3%) GSI.
- Effective July 1, 2024, all SEIU employees shall receive a three percent (3%) GSI.
- Effective July 1, 2025, all SEIU employees shall receive a three percent (3%) GSI.
- At the time of the May Revision to the 2025-2026 Governor’s Budget, if the Department of Finance projects sufficient excess funding, then the General Salary Increase in this MOU shall be four percent (4.0%) on July 1, 2025.
- The determination of sufficient excess funding shall be at the sole discretion of the Director of the Department of Finance based on the specified consideration.
Special Salary Adjustment (SSA)
Wage Equity Adjustment
- Various low paying classifications in BUs 1, 4, 11, 14, 15, and 20 will receive a four percent (4%) SSA on July 1, 2023.
Bargaining Unit 1
- Effective July 1, 2023, employees in the following classifications shall receive an SSA percent increase as listed:
- Driver Safety Hearing Officer (4.0%)
- Conservancy Project Development Analyst II (15.76%)
- Conservancy Project Development Analyst I (15.78%)
- Public Land Management Specialist IV (3.25%)
- Public Land Management Specialist III (15.75%)
- Public Land Management Specialist II (15.80%)
- Public Land Management Specialist I (10.29%)
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of two and one-half percent (2.5%):
- Workers’ Compensation Compliance Officers, Aviation Safety Officer II, and Insurance Rate Analysts.
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Correctional Case Records Analysts, Hearing Reporters, Payroll Specialist, Personnel Specialists, Legal Assistants and Analysts, Health Facilities Evaluator Specialists, Financial Institutions Examiners, Tax Auditors, Business Taxes Specialists, Public Utility Financial Examiner IV, Environmental Planners, Transportation Planners, Conservancy Project Development Specialist, Right of Way Agents, Coastal Program Analysts, Research Data Specialists and Analysts, Health Facilities Evaluators, Insurance Compliance Officers, Employment Program Representatives, and Disability Insurance Program Representatives.
Bargaining Unit 3
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Teachers, Substitute Teachers, and Teacher Specialists.
Bargaining Unit 4
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Secretaries, Mailing Machines Operators II, Dispatcher-Clerks, Library Technical Assistants, Health Record Technician II, Senior Moter Vehicle Technician, Tax Technicians, Lottery Ticket Sales Senior Specialist, Control Cashiers, Senior Benefit Program Specialist, Senior Pension Program Representative, Program Technician III, snd Sr. Word Processing Technician.
Bargaining Unit 11
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Plant Quarantine Inspector, Agricultural Pest Control Specialist, Water Resources Engineering Associate, Water Resources Technicians, Civil Engineers, Material and Research Engineering Associate, Steel Inspectors, Bridge Architectural Trainee/Assistant/Associate, Construction Supervisors & Inspectors, Seismological Instrument Technicians, and Transportation Engineering Technicians.
- Supervising Laboratory Assistant I (5.55%).
Bargaining Unit 14
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Printing Trades Production Coordinator, Webfed Offset Press Operators, Bookbinders, Printing Plant Machinist, Printing Trades Assistant II.
Bargaining Unit 15
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA percent increase as listed:
- Cook Specialists (5.0%)
- Correctional Supervising Cook (5.0%)
- Custodian II (6.61%)
- Laundry Supervisor (4.0%)
Bargaining Unit 17
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Health Facilities Evaluator Nurses, Nurse Evaluators, Health Services Specialists, Public Health Nurses, and Nurse Practitioners.
Bargaining Unit 20
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Clinical Laboratory Technologists, Certified Nursing Assistants, Resident Care Specialists, Transportation Coordinators, Readers, Night Attendants, and Counselor Orientation Center for the Blind.
Bargaining Unit 21
- Effective July 1, 2023, employees in the following classifications shall receive an SSA of five percent (5.0%):
- Private Postsecondary Education Senior Specialist, Nursing Education Consultant, and Transportation Programs Consultant.
Health Benefits
Employer Contribution for Active State Employees
- The state’s monthly benefit contribution for BU 3 employees shall continue to be a flat dollar amount equal to 80 percent of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. For each employee with enrolled family members, the employer shall continue to contribute an additional flat dollar amount equal to 80 percent of the weighted average of the additional premiums. The flat dollar amounts shall be adjusted as appropriate pursuant to the formulas on January 1, 2024, January 1, 2025, and January 1, 2026.
Out-of-State Supplemental Health Care Program
- The current program, $1,200 per year, will expire at the end of the November 2023 pay period. Effective with the December 2023 pay period, employees who are headquartered out-of-state and enrolled in a CalPERS sponsored Preferred Provider Organization health plan because they cannot enroll in a CalPERS sponsored HMO plan, will receive a monthly payment based on their health plan party code enrollment:
- Party Code 1 = $200
- Party Code 2 = $250
- Party Code 3 = $300
Supplemental Health Benefits Contribution
- All health benefits-eligible SEIU BU employees will receive an additional monthly amount of up to one hundred and sixty-five dollars ($165) towards the monthly employer health benefits contribution.
Post-Employment Benefits
Prefunding of Other Post-Employment Benefits (OPEB)
- Effective on the first day of the pay period following ratification, the employees’ monthly contributions shall decrease from 3.5 to 3.0 percent to prefund OPEB.
- Effective July 1, 2024, and each July thereafter, the contribution percentages will be adjusted based on the actuarially determined total normal cost. If the total normal costs increases or decreases by more than half a percent from the total normal cost contribution in effect at that time, the employer and employee contribution percentages will be increased or decreased July 1 each fiscal year thereafter, to maintain a 50 percent cost sharing of actuarially determined total normal cost. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year.
Miscellaneous
Electronic Device Access
- The California Department of Corrections and Rehabilitation (CDCR) and California Correctional Health Care Services (CCCHCS) will allow SEIU Local 1000 executive board members and one steward, per watch, per worksite, institution or facility to bring an authorized cellular device within the security areas of worksites, institutions or facilities for the purpose of SEIU representation upon written notification and approval of the Appointing Authority.
Bereavement Leave
- Increased the number of days from three to five to incorporate recent statutory changes.
Union Leave
- Increased union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall be increased from the current rate of thirty-five percent (35%) by two percent (2%) each year of the Agreement.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for long-term 12 meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent (100%) discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Uniform Replacement Allowance
- Effective the first pay day of the pay period following ratification by both parties, the uniform replacement allowance increases to six hundred and fifty dollars ($650) per year for employees who are required to wear a uniform as a condition of employment, when the State does not provide a uniform.
- Increase in the safety footwear allowance from $100 to $165.
Duration
- July 1, 2023, through June 30, 2026.
Fiscal
- Fiscal Year 2023-24 Cost: $635.9 million ($291.4 million General Fund).
- Memorandum of Understanding with BU 7. This bill ratifies an MOU entered into between the state and BU 7, represented by the California Statewide Law Enforcement Association (CSLEA), on August 30, 2023. The MOU agreement is, as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, BU 7 employees will receive a 3 percent (3%) GSI.
- Effective July 1, 2024, BU 7 employees will receive a 2 percent (2%) GSI.
- Effective July 1, 2025, BU 7 employees will receive a 2 percent (2%) GSI.
Special Salary Adjustments (SSA)
- Effective July 1, 2023, as specified in the agreement, 16 classification will receive a special salary adjustment increase ranging from 3.84% to 8.44%, depending on class title.
- Effective July 1, 2023, as specified in the agreement, 47 different classifications will receive a special salary adjustment to the maximum salary of the classification ranging from 2.5% to 8% depending on the class title. Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
Commercial Driver’s License Differential
- Effective the first day of the pay period following ratification, employees in the Department of Consumer Affairs Program Representative classification series will be eligible for this $85.00 per month differential as well as the Oil Spill Prevention Specialist at the Department of Fish and Wildlife.
Diving Pay Differential
- Effective the first day of the pay period following ratification, the diving pay differential will be increased from $9 to $25 per diving hour.
Canine Care Differential
- Effective the first day of the pay period following ratification and upon assignment of a canine, employees in the Arson and Bomb Investigator classification series are eligible for a differential.
Night Shift Differential
- Effective the first day of the pay period following ratification, the night shift differential is increased from $1 to $1.75 per hour and eligibility is expanded to employees in the Exposition Police Officer and Marine Safety Specialist I classifications.
Professional Competency Pay
- Effective the first day of the pay period following ratification by both parties, this differential is expanded to include Franchise Tax Board employees who have passed the Certified Fraud Examiner and the Certified Anti-Money Laundering Specialist examinations.
Recruitment and Retention Differential – California Highway Patrol
- Effective the first day of the pay period following ratification, the $300 per month retention differential is extended to the Barstow and Fresno Communication Centers. The Border, Golden Gate, Los Angeles, and Orange County Communication Centers are increased from $300 per month to $750 per month.
Differential - Training Officer
- Effective the first day of the pay period following ratification, the one step pay differential is extended to various classifications at the Franchise Tax Board, State Lottery, Department of Public Health, Department of Cannabis Control, Employment Development Department, and Department of Social Services. Certain classifications are added for the Department of Justice, Department of Parks and Recreation, and Department of State Hospitals. To be eligible for this differential the employee must be designated and utilized by management in a training officer capacity.
Longevity Pay Differential
- Effective with the January 2024 pay period, employees not designated under peace officer firefighter retirement will be eligible for longevity pay, based on the criteria and implementation schedule below:
- 2% on January 1, 2024, for employees with 17 or more years of service.
- 3% on July 1, 2024, for employees with 20 or more years of service.
- 4% on July 1, 2025, for employees with 23 or more years of service.
- 5% on July 1, 2026, for employees with 25 or more years of service.
Professional Organization Dues
- Effective July 1, 2023, the reimbursement for membership in professional organizations will be increased from $300 per year to $500 per year. The Questioned Document Examiner series will also be eligible for this reimbursement.
Retention Differential, CalOES
- Effective the first day of the pay period following ratification by both parties, employees in the Emergency Notification Controller (ENC) classification will be eligible to receive a monthly retention differential of 2% after the completion of 12 consecutive qualifying pay periods, an additional 3% after 24 consecutive qualifying pay periods and an additional 5% (for a total of 10%) after the completion of 48 consecutive qualifying pay periods. To be eligible for this differential, ENC employees must be assigned to the California State Warning Center.
Pay Differentials
- Effective the first day of the pay period following ratification by both parties, Department of Insurance Investigators employed and headquartered in Solano County will be eligible for a $200 per month location differential.
Health and Welfare
Benefits
- The state’s monthly health benefit contribution for each employee shall continue to be a flat dollar amount equal to 80 percent (80%) of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. The flat dollar amounts shall be increased or decreased as appropriate pursuant to the formula on January 1, 2024, January 1, 2025 and January 1, 2026.
Peace Officer Schedule – Hearst Castle
- Establishes a work schedule of 171 hours as an option for the Department of Parks and Recreation to utilize during the term of the MOU and will expire with the MOU term. Leave and overtime will be in accordance with the leave and overtime provisions of the MOU.
Mandatory and Voluntary Overtime - CHP and Department of Parks and Recreation
- Adds provisions allowing the Department of Parks and Recreation to use procedures for equitable distribution of overtime which may not be based on seniority and subject to the operational needs of the department.
Holidays
- Clarifies that if an employee physically works over 40 hours in a workweek containing a regular holiday, they will be paid the appropriate overtime rate for all hours worked in excess of 40 hours in accordance with the Fair Labor Standards Act
Financial Assistance for Employee Death
- Employees may donate leave credits (CTO, annual leave, vacation, personal leave, excluding sick leave) to the leave bank of an employee who has suffered death or injury due to an illness that wasn’t incurred in the line of duty.
Bereavement Leave
- Incorporates statutory expansion of bereavement leave to five (5) unpaid days.
Family Care Leave
- Effective no later than January 1, 2024, employees enrolled in the annual leave program will be eligible for the non-industrial disability insurance Family Care Leave program. This program provides eligible employees up to six weeks of paid leave (50% of gross salary) within a 12-month period for the care of a seriously ill family member or to bond with a newborn child, adopted child or foster care placement. Employees have the option to use their own leave credits to supplement up to 75 or 100 percent (75% or 100%) income benefit.
Miscellaneous Benefits
Union Leave
- Increases union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall reflect the actual expenses related to the affected employee’s salary and benefits for all of the time the employee is out on Union Leave.
Peace Officer Schedule – Hearst Castle
- Establishes a work schedule of 171 hours as an option for the Department of Parks and Recreation to utilize during the term of the MOU and will expire with the MOU term. Leave and overtime will be in accordance with the leave and overtime provisions of the MOU.
Mandatory and Voluntary Overtime - CHP and Department of Parks and Recreation
- Adds provisions allowing the Department of Parks and Recreation to use procedures for equitable distribution of overtime which may not be based on seniority and subject to the operational needs of the department.
Holidays
- Clarifies that if an employee physically works over 40 hours in a workweek containing a regular holiday, they will be paid the appropriate overtime rate for all hours worked in excess of 40 hours in accordance with the Fair Labor Standards Act
Financial Assistance for Employee Death
- Employees may donate leave credits (CTO, annual leave, vacation, personal leave, excluding sick leave) to the leave bank of an employee who has suffered death or injury due to an illness that wasn’t incurred in the line of duty.
Bereavement Leave
- Incorporates statutory expansion of bereavement leave to five (5) unpaid days.
Family Care Leave
- Effective no later than January 1, 2024, employees enrolled in the annual leave program will be eligible for the non-industrial disability insurance Family Care Leave program. This program provides eligible employees up to six weeks of paid leave (50% of gross salary) within a 12-month period for the care of a seriously ill family member or to bond with a newborn child, adopted child or foster care placement. Employees have the option to use their own leave credits to supplement up to 75 or 100 percent (75% or 100%) income benefit.
Classification Studies
- CSLEA and several departments will form new Joint Labor Task Forces (JLMTF) to analyze various classifications. If a JLMTF presents findings in support of a classification action, the Department will submit the requisite package to CalHR and the state will meet with CSLEA within 90 days of receipt of the classification package to discuss next steps.
California State Payroll System Project
- The parties agree to reopen the MOU to implement changes required by the California State Payroll System Project.
Duration
- July 1, 2023, through June 30, 2026
Fiscal
- Fiscal Year 2023-24 cost: $73.9 million ($27.6 million General Fund)
- Memorandum of Understanding with BU 12. This bill ratifies an MOU entered into between the state and BU 12, represented by the International Union of Operating Engineers (IUOE), on July 13, 2023. The MOU agreement is, as follows:
Compensation
Special Salary Adjustments (SSA)
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA of five percent (5%):
- Maintenance Aide (Seasonal)
- Maintenance Aide (Seasonal)(Angel Island)
- Foundation Driller
- Foundation Driller Leadworker
- Senior Foundation Driller
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA as follows:
- Automotive Pool Attendant III 4.66%
- Lead Automobile Mechanic 4.41%
- Lead Motorcycle Mechanic 4.41%
- Telecommunications Facilities Technician II, CHP 4.19%
- Park Landscape Maintenance Technician 6.70%
- Park Maintenance Worker II 4.80%
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA of four percent (4%):
- State Park Equipment Operator
- Military Department Heavy Equipment Operator
- Caltrans Equipment Operator I/II
- Caltrans Highway Maintenance Worker
- Caltrans Highway Maintenance Leadworker
- Caltrans Landscape Maintenance Worker
- Caltrans Landscape Maintenance Leadworker
- Maintenance Worker, California Highway Patrol
- Tractor Operator - Laborer
- Tractor Operator - Laborer (Correctional Facility)
- Commercial Vehicle Inspection Specialist
- Heavy Truck Driver
- Heavy Truck Driver, Correction Facility
- Automobile Mechanic
- Automobile Mechanic (Correctional Facility)
- Automotive Pool Attendant I/II
- Automotive Technician I/II
- Motorcycle Mechanic
- Caltrans Heavy Equipment Mechanic
- Caltrans Heavy Equipment Mechanic Leadworker
- Heavy Equipment Mechanic Apprentice, Caltrans
- Heavy Equipment Mechanic
- Heavy Equipment Mechanic (Correctional Facility)
- Equipment Maintenance Supervisor (Correctional Facility)
- Pest Control Technician
- Pest Control Technician (Correctional Facility)
- Groundskeeper
- Lead Groundskeeper
- Groundskeeper (Correctional Facility)
- Skilled Laborer
- Lead Groundskeeper I (Correctional Facility)
- Supervising Groundskeeper II (Correctional Facility)
- Supervising Groundskeeper I
- Lead Groundskeeper (Correctional Facility)
- Industrial Supervisor, Prison Industries (Bakery)
- Industrial Supervisor, Prison Industries (Bindery)
- Industrial Supervisor, Prison Industries (Coffee Roasting and Grinding)
- Industrial Supervisor, Prison Industries (Crop Farm)
- Industrial Supervisor, Prison Industries (Dairy)
- Industrial Supervisor, Prison Industries (Dental Laboratory)
- Industrial Supervisor, Prison Industries (Detergent Plant)
- Industrial Supervisor, Prison Industries (Digital Services)
- Industrial Supervisor, Prison Industries (Egg Production)
- Industrial Supervisor, Prison Industries (Fabric Products)
- Industrial Supervisor, Prison Industries (Food and Beverage)
- Industrial Supervisor, Prison Industries (Knitting Mill)
- Industrial Supervisor, Prison Industries (Laundry)
- Industrial Supervisor, Prison Industries (Maintenance + Repair)
- Industrial Supervisor, Prison Industries (Mattress + Bedding)
- Industrial Supervisor, Prison Industries (Meatcutting/Processing)
- Industrial Supervisor, Prison Industries (Metal Fabrication)
- Industrial Supervisor, Prison Industries (Optical Products)
- Industrial Supervisor, Prison Industries (Poultry Processing)
- Industrial Supervisor, Prison Industries (Printing)
- Industrial Supervisor, Prison Industries (Sausage Making/Cured Meats)
- Industrial Supervisor, Prison Industries (Sewing Machine Repair)
- Industrial Supervisor, Prison Industries (Shoe Manufacturing)
- Industrial Supervisor, Prison Industries (Tool + Die)
- Industrial Supervisor, Prison Industries (Upholstery)
- Industrial Supervisor, Prison Industries (Wood Products)
- Industrial Warehouse and Distribution Specialist, Prison Industries
- Prison Canteen Manager I
- Materials and Stores Supervisor II (Correctional Facility)
- Plumber Apprentice
- Plumber I/II
- Plumber II/III (Correctional Facility)
- Plumber Supervisor
- Telecommunications Facilities Technician I, CHP
- Park Maintenance Assistant
- Park Maintenance Assistant (Angel Island)
- Park Maintenance Worker I
- Park Maintenance Worker I (Angel Island)
- Effective July 1, 2023, all BU 12 employees (except classifications identified above) shall receive a SSA of three percent (3%).
- Effective July 1, 2023, following the three percent (3%) SSA increase, all BU12 employees in the Senior Maintenance Aide (Seasonal) minimum salary step shall be realigned to be five percent (5%) above the maximum salary step of the Maintenance Aide (Seasonal) classification with the establishment of five percent (5%) step differentials between the remaining steps.
- Effective July 1, 2024, all BU 12 employees in the following classifications shall receive a SSA of five percent (5%):
- Senior Foundation Driller
- Foundation Driller Leadworker
- Foundation Driller
- Effective July 1, 2024, the maximum salary range for all BU 12 classifications (except driller classifications) shall be increased by four percent (4%). Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
- Effective July 1, 2025, all BU 12 classifications shall be adjusted by increasing the maximum of the salary range by four percent (4%). Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
Workforce Stability Stipend
- Effective July 1, 2023, BU 12 employees are eligible to accrue a Workforce Stability Stipend up to a maximum of $3,600. Employees shall accrue $100 for each qualifying pay period during 6-month eligibility periods. Pay is processed in six payments of up to $600 in January 2024, August 2024, January 2025, August 2025, January 2026, and August 2026.
Night Shift Pay Differential
- Effective July 1, 2023, increase the night shift pay differential from $1 per hour to $1.50 per hour for work shifts that fall between 6 p.m. and 12 midnight.
- Effective July 1, 2023, increase the night shift pay differential from $2 per hour to $2.50 per hour for work shifts that fall between 12 midnight and 6 a.m.
Special Duty Pay
- Effective July 1, 2023, certain BU 12 employees at the California Highway Patrol (CHP) who are required to transport, operate, or deploy in a snow caterpillar will be eligible to receive special duty pay of $10 per hour.
Recruitment and Retention Differential
- Effective July 1, 2023, certain BU 12 classifications in designated work locations within Inyo, Shasta, and San Luis Obispo counties at the California Department of Transportation (Caltrans) and within Butte County at the Department of Water Resources are identified as eligible for recruitment at the top step plus receive an additional monthly retention differential.
- Effective July 1, 2023, driller classifications will be eligible for recruitment at the top step plus receive a monthly differential of $200.
- Effective July 1, 2023, certain Caltrans designated field mechanics shall be eligible to receive a special duty pay of two percent (2%) while so assigned.
Commercial Driver’s License Differential
- Effective July 1, 2023, the monthly differential shall be calculated to reflect five percent (5%) of the employee’s monthly base pay.
- Effective July 1, 2023, certain BU 12 classifications within the CHP are identified as eligible to receive the Commercial Driver’s License differential.
Agricultural Pest Control License Differential
- Effective July 1, 2023, increase the Qualified Applicator’s Certificate monthly differential from $50 to $100.
- Effective July 1, 2023, increase the Pest Control Advisor Certificate monthly differential from $75 to $150.
Well Drilling License Pay Differential
- Effective July 1, 2023, increase the C-57 Well Drilling license monthly pay differential from five percent (5%) to 15 percent (15%).
Caltrans Winter Operations Pay Differential
- Effective the first day of the pay period following ratification by both parties, certain BU 12 classifications in designated work locations within Caltrans are identified as eligible to receive a Winter Operations Pay Differential while so assigned. Certain BU 12 classifications may qualify for either a five percent (5%) base pay differential per month or a $1 per hour differential while so assigned.
Commercial Vehicle Inspection Specialist Pay Differential
- Effective July 1, 2023, certain CHP Commercial Vehicle Inspection Specialists who pass the Cargo Tank Inspection exam shall receive a $200 pay differential each month.
Footwear Allowance
- Effective July 1, 2023, the footwear reimbursement changes to an annual allowance and is increased to $175 for BU 12 employees who are required to wear specific footwear. BU 12 classifications in the Department of State Hospitals have been added to the list as eligible to receive the annual footwear allowance. BU 12 classifications in the Department of Parks and Recreation and CalFire shall also be eligible for the annual footwear allowance while maintaining the remaining uniform reimbursement.
Shift Premium for Department of Water Resources (DWR)
- Effective July 1, 2023, employees covered by the DWR Rotating Shift Operations will receive the following increases to their shift pay differential:
- Rotating Shift employees who work evening or night shifts shall receive an increase from $1 to $1.50 per hour.
- Employees working the evening shift and working four or more hours between 6 p.m. and midnight shall receive an increase from $1 to $1.50 per hour.
- Employees working the night shift and working four or more hours between midnight and 6:00 a.m. shall receive an increase from $2 to $2.50 per hour.
- Rotating shift employees who work both the evening and the night shift as identified above, shall only receive the combined rate. This rate has been increased from $1.90 to $2.90 per hour.
Health Care Facility Retention and Wildfire Emergency Response
- BU 12 employees who were employed on January 1, 2022, and remain employed on the first day of the pay period following ratification, and who have been working more than fifty percent of the time in a correctional facility, correctional health care facility, Veteran’s home, state hospital and/or developmental services, and/or formally deployed and reassigned to work on emergency wildfire response efforts shall receive a one-time payment of $1,500.
Retirement Formula Employee/Employer Contribution
First Tier A Retirement Formula, First Tier B Retirement Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2024, the employee contribution rate for miscellaneous and industrial members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2025, the employee contribution rate for miscellaneous members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Retirement Formula for Safety Members: State Safety A Formula, State Safety B Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Health and Welfare - Family Care Leave (FCL)
- Effective no later than January 1, 2024, BU 12 employees who are enrolled in the annual leave program will be eligible for the non-industrial disability insurance FCL program. This program provides eligible employees up to six weeks of paid leave (50% of gross salary) within a 12-month period for the care of a seriously ill family member or to bond with a newborn child, adopted child or foster care placement. Employees have the option to use their own leave credits to supplement up to 75 or 100 percent income benefit.
Health Benefits
Health, Dental, Vision
- The state’s monthly health benefit contribution for each employee shall continue to be a flat dollar amount equal to 80 percent (80%) of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. The flat dollar amounts shall be increased or decreased as appropriate pursuant to the formula on January 1, 2024, January 1, 2025 and January 1, 2026.
Miscellaneous Benefits
Union Leave
- Increase union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall reflect the actual expenses related to the affected employee’s salary and benefits for all of the time the employee is out on Union Leave.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for long-term meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Classification Consolidation - Trades
- With over 300 trades classifications within BU 12, the parties agree it will be advantageous to consolidate, simplify, and reallocate a number of state job classifications to better align with current and projected workforce needs. The parties agree to meet for purposes of considering and discussing potential consolidation of classifications necessary and appropriate.
Duration
- July 1, 2023, through June 30, 2026
Fiscal
- Fiscal Year 2023-24: $68.2 million ($27.2 million General Fund)
- Memorandum of Understanding with BU 16. This bill ratifies an MOU entered into between the state and BU 16 on September 1, 2023, represented by the Union of American Physicians and Dentists (UAPD). The MOU agreement is, as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, all UAPD employees shall receive a three percent (3%) GSI.
- Effective July 1, 2024, all UAPD employees shall receive a two and one-half percent (2.5%) GSI.
Special Salary Adjustments
- Effective July 1, 2023, and July 1, 2024, as specified in the agreement, 16 classifications shall receive a special salary adjustment of five percent (5%)
- Effective July 1, 2023, the maximum salary range will increase by three percent (3%) for six specified classifications. Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
- Effective July 1, 2023, the maximum salary range will increase by five percent (5%) for five specified classifications. Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
Recruitment and Retention Salary Differential
- Effective July 1, 2023, all psychiatrists whose regular duties require them to perform direct in-person patient care on grounds or at a facility 50% or more of the time shall receive a differential of fifteen percent (15%) of their base salary. This differential is in addition to any differential received by the employee.
Pay Differentials and Other Compensation
- Psychiatrist Additional Workload Pay - Effective the first day of the pay period 6 months following ratification through June 30, 2026, psychiatrists at California Department of Corrections and Rehabilitation/Correctional Health Care Services, and Department of State Hospitals are eligible for additional compensation at 135% of their base hourly rate for working additional caseload.
Recruitment and Retention Differential
- Effective July 1, 2023, the existing monthly pay differential of seven percent (7%) will increase to twelve percent (12%) of the employee’s monthly base salary for employees who are employed by the Department of State Hospitals (DSH), appointed in certain classifications of Physician and Surgeon, and appointed at one of the locations listed below:
- DSH-Atascadero
- DSH-Metropolitan
- DSH-Patton
On-Call/Call Back Assignment
- Effective the first day of the pay period following ratification, changes Compensating Time Off (CTO) for BU 16 employees who are on-call from eight (8) hours per seven (7) days to $15 per hour while on-call.
Pay Differential – Retention Incentive
- Effective the first day of the pay period following ratification, eligible and qualifying employees can receive a retention incentive payment on a graduated percentage structure following the completion of each 12 consecutive qualifying pay periods as follows:
- After completion of 12 consecutive pay periods, 1% of base salary
- After completion of 24 consecutive pay periods, 2% of base salary
- After completion of 36 consecutive pay periods, 3% of base salary
- After completion of 48 consecutive pay periods, 4% of base salary
- After completion of 60 consecutive pay periods, 5% of base salary
- After completion of 72 consecutive pay periods, 6% of base salary
- After completion of 84 consecutive pay periods, 7% of base salary
- Eligible employees who have more than 84 consecutive qualifying pay periods in an eligible classification and who have not received any payment under the pay differential shall be entitled to a single one-time payment of $10,000.
Employment Benefits
Retirement Formula Employee/Employer Contribution
- First Tier A Retirement Formula, First Tier B Retirement Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation.
- Effective July 1, 2024, the employee contribution rate for miscellaneous and industrial members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2025, the employee contribution rate for miscellaneous members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
- Retirement Formula for Safety Members: State Safety A Formula, State Safety B Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Family Care Leave
- Effective January 1, 2024, Bargaining Unit 16 employees who are enrolled in the annual leave program will be eligible for the non-industrial disability insurance Family Care Leave program. This program provides eligible employees up to six weeks of paid leave (50% of gross salary) within a 12- month period for the care of a seriously ill family member or to bond with a newborn child, adopted child or foster care placement. Employees have the option to use their own leave credits to supplement up to a 75 or 100 percent income benefit.
Miscellaneous Benefits
Psychiatrist Classification Review
- 180 days following ratification by both parties, the State and Union shall form a classification committee that will review the classification series for psychiatrists.
Duration
- July 1, 2023 – July 1, 2025
Fiscal
- Fiscal Year 2023-24: $62.8 million ($59.4 million General Fund)
- Memorandum of Understanding with BU 19. This bill ratifies an MOU entered into between the state and BU 19, represented by the American Federation of State, County and Municipal Employees (AFSCME) on June 9, 2023. The MOU agreement is, as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, all BU 19 employees shall receive a three percent (3%) GSI.
- Effective July 1, 2024, all BU 19 employees shall receive a 2.5 percent (2.5%) GSI.
Special Salary Adjustments (SSA)
- Effective July 1, 2023, or August 2, 2023, BU 19 employees in the various specified classifications shall receive a SSA ranging from 2.5 percent (2.5%) to 9.63 percent (9.63%).
- Effective July 1, 2023, the maximum of the salary range for BU 19 employees in Clinical Social Worker classes shall be increased in the range of 2.65 percent (2.65%) to three percent (3%).
- Effective July 1, 2023, the maximum of the salary range for BU 19 employees in Psychology classes shall be increased by ten percent (10%).
Hours of Work and Overtime
- Increases the amount of time credited for overtime from 10 minutes to 15 minutes.
- Increases the amount of compensating time off used from 10 minutes to 15 minutes.
On-Call/Call Back Assignment for CDCR/CCHCS Exempt Employees
- Changes Compensating Time Off (CTO) for on-call employees from eight (8) hours per seven (7) days to $10 per hour while on-call.
Psychologist Additional Workload Pay
- Effective the first pay period following ratification by both parties, salaried Psychologists at California Department of Corrections and Rehabilitation/Correctional Health Care Services are eligible for straight-time compensation for working additional caseload.
Clinical Supervision Differential
- Effective the first pay period following ratification by both parties, the differential for providing clinical supervision to unlicensed individuals increases from $100 to $500.
Retention Bonus Psychologists and Clinical Social Workers
- Effective the first pay period following ratification by both parties, Psychologists and Clinical Social Workers newly hired into the classifications will be eligible for bonus payments annually through 84 months. Employees currently performing the duties eligible for the bonus, employed over 84 months, and not receiving the bonus under the previous differential are eligible for a onetime payment of $10,000.
Optometrist Special Salary Adjustment
- Effective the first pay period following ratification by both parties, the Optometrist classification will be converted from a daily rate of pay to monthly salary pay along with a one-time SSA of 69.46%.
Registered Dietitian – Department of Developmental Services, Porterville Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Registered Dietitians at Porterville Developmental Center will receive a monthly differential of $400.
Audiologist – Department of Developmental Services, Porterville
Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Audiologists at Porterville Developmental Center will receive a monthly differential of $1,000.
Psychologist – Department of Developmental Services, Porterville
Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Psychologists at Porterville Developmental Center will receive a monthly differential of $1,000 and Unlicensed Psychologists will receive a monthly differential of $800.
Occupational Therapist – California School for the Deaf, Riverside Recruitment
and Retention Differential
- Effective the first pay period following ratification by both parties, Occupational Therapists at California School for the Deaf, Riverside will receive a monthly differential of 10 percent (10%) of base pay.
Retirement Formula Employee/Employer Contribution
First Tier A Retirement Formula, First Tier B Retirement Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2024, the employee contribution rate for miscellaneous and industrial members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2025, the employee contribution rate for miscellaneous members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Retirement Formula for Safety Members: State Safety A Formula, State Safety B Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Miscellaneous Benefits
Union Leave
- Increases union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall reflect the actual expenses related to the affected employee’s salary and benefits for all of the time the employee is out on Union Leave.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for longterm meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives and Parking Rates
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent (100%) discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Chaplains’/Native American Spiritual Leaders’ Required Conventions and
Professional Education and Training
- Effective the first pay period following ratification by both parties, Chaplains/Native American Spiritual Leaders allotted leave for attending required conventions or gatherings increases from five (5) days to seven (7) days per fiscal year.
Leave for Required Continuing Education
- Adds three (3) classifications to the list of classifications eligible for paid educational leave to obtain continuing education units.
- Changes annual $500 payment for Required Continuing Education Units from a reimbursement to an annual payment.
Contract Term
1) July 2, 2023, through June 30, 2025
Fiscal
- Fiscal Year 2023-24: $77.6 million ($71.6 million General Fund)
- 12-Hour Alternate Work Week Schedule Pilot Program – Bargaining Unit 5. This bill ratifies an MOU side letter entered into between the state and BU 5 (CAHP) on August 22, 2023, as follows:
- Allows for a pilot project to test a 12-Hour Alternate Work Week schedule for road patrol officers. To participate in the pilot project, a majority of the affected employees in an Area office must vote to approve the Alternate Work Week schedule. If approved, all road patrol officers will be required to participate in the alternate workweek program.
- Health Care Facility Retention Payment – Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20 and 21. This bill ratifies an MOU side letter entered into between the state and BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21 (SEIU) on August 24, 2023 as follows:
- SEIU members employed at a correctional facility, correctional health facility, State Hospital, Veteran’s home, and/or Developmental Services facility “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1,450.
- SEIU members employed at the California Department of Public Health in one of the following classifications: Nurse Consultant I, II, III; Health Facilities Evaluator Nurse; Public Health Nurse; Laboratory Assistant; Senior Laboratory Assistant; Public Health Laboratory Technician I, “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1000.
- SEIU members employed at the State Special School for the Deaf or Blind “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $625.
- To be eligible, employees must have been employed by the state on January 1, 2022, and remained employed by the state upon the first day of the pay period following ratification.
- Eligible employees must have provided services in-person and onsite 50% or more of the time during the pandemic.
- This measure appropriates $5,122,000 ($4,956,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the one-time payments.
- Health Care Facility and Public Safety Retention Payment – Bargaining Unit 13. This bill ratifies an MOU side letter entered into between the state and BU 13 (IUOE) on August 11, 2023, as follows:
- BU 13 members employed at a correctional facility, correctional health facility, State Hospital, Veteran's home, Developmental Services facility, and/or were formally deployed and reassigned to work on emergency wildfire response efforts are eligible for a one-time payment of $1,500.
- Eligible employees must have been employed by the state on January 1, 2022, and remained employed by the state on the first day of the pay period following ratification.
- Eligible employees must have provided services in-person and onsite 50% or more of the time during the pandemic.
- This measure appropriates $878,000 ($585,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the one-time payments.
- Health Provider Recognition Payment – Bargaining Unit 16. This bill ratifies an MOU side letter entered into between the state and BU 16 (UAPD) on September 1, 2023, as follows:
- BU 16 members employed in a correctional facility, correctional health facility, State Hospital, Veteran’s home, Developmental Services facility, and/or California Department of Public Health as a Public Health Medical Officer II, Public Health Medical Officer III, or Public Health Medical Officer III – Epidemiology are eligible to receive a one-time payment of $1,000 “in recognition of their work during the COVID-19 pandemic.”
- Eligible employees must have been employed by the state on January 1, 2022, and remained employed by the state on the first day of the pay period following ratification.
- Eligible employees must have provided in-person and onsite services 50% or more of the time during the pandemic.
- Health Care Facility Retention Payment – Bargaining Unit 19. This bill ratifies an MOU side letter entered into between the state and BU 19 (AFSCME) on June 9, 2023, as follows:
- BU 19 members employed at a correctional facility, correctional health facility, State Hospital, Veteran’s home, and/or Developmental Services facility “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1,450.
- BU 19 members employed by the Department of Rehabilitation “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $750.
- Eligible employees must have been employed by the state on January 1, 2022, and remained employed by the state upon the first day of the pay period following ratification and provided services onsite 50% or more of the time during the pandemic.
- This measure appropriates $5,845,000 ($5,389,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the retention payments.
Augmentation for Employee Compensation. This bill appropriates $44 million ($30 million General Fund) to account for revised General Salary Increases (GSI) for Judges and the updated costs related to the salary survey estimates for the California Highway Patrol (BU 5).
This measure includes a notwithstanding clause from Government Code Section 19829.5, which requires the Legislative Analyst (LAO) to prepare a fiscal analysis within ten days of receiving any tentative agreement from the Department of Human Resources, prior to the final legislative ratification of an MOU. As of September 7, 2023, the LAO had release fiscal analyses of all of the MOUs included in this measure, making the notwithstanding clause unnecessary.
This measure includes chaptering out amendments to ensure that if SB 148 and SB 151 are both signed, both measures will take effect immediately.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Budget and Fiscal Review Committee, this bill appropriates $1,333,028,000 ($706,207,000 General Fund) to implement the MOUs and all of the side letter agreements as described above.
SUPPORT: (Verified 8/31/23)
None received
OPPOSITION: (Verified 8/31/23)
None received
Prepared by: Hans Hemann / SBFR / (916) 651-4103
9/8/23 13:53:50
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: AB 148 Hearing Date: August 30, 2023
Author: | Committee on Budget | ||
Version: | August 28, 2023 As amended | ||
Urgency: | No | Fiscal: | No |
Consultant: | Hans Hemann | ||
Subject: State Employment: State Bargaining Units
Summary:
Makes necessary statutory changes to ratify and implement memoranda of understanding (MOUs) between Bargaining Units (BUs) 1, 3, 4, 11, 12, 14, 15, 17, 19, 20, and 21 and the state, and MOU side letter agreements between BUs 1, 3, 4, 5, 11, 13, 14, 15, 17, 19, 20, and 21 and the state. The agreements cover state employees represented by five exclusive employee representatives, as follows:
Service Employees International Union, Local 1000 (SEIU 1000)
- BU 1: Administrative, Financial, and Staff Services
- BU 3: Professional Educators and Librarians
- BU 4: Office and Allied
- BU 11: Engineering and Scientific Technicians
- BU 14: Printing Trades
- BU 15: Allied Services
- BU 17: Registered Nurses
- BU 20: Medical and Social Services
- BU 21: Education Consultants and Library Employees
California Association of Highway Patrolmen (CAHP)
- Bargaining Unit 5: Highway Patrol
International Union of Operating Engineers (IUOE)
- Bargaining Unit 12: Craft and Maintenance
International Union of Operating Engineers (IUOE)
- Bargaining Unit 13: Stationary Engineers
American Federation of State, County and Municipal Employees (AFSCME)
- Bargaining Unit 19: Health and Social Services/Professional
Existing Law:
- Establishes the Ralph C. Dills Act, which requires the state to collectively bargain with the exclusive representatives of employee groups (i.e., bargaining units) - regarding wages and working conditions, and to define negotiated agreements in MOUs.
- Establishes the California Department of Human Resources (CalHR) as the official representative of the Governor in all matters related to collective bargaining with state employees.
- Requires that any MOU between the state and an exclusive representative be ratified by the Legislature.
- Establishes the California Public Employees' Retirement System (CalPERS), which administers health and retirement benefits for state employees.
- Requires the Legislative Analyst's Office (LAO) to analyze all state MOUs and to provide analysis of an MOU and its fiscal impact to the Legislature within 10 days of receipt of an MOU from CalHR.
- Provides that fully vested state retirees (e.g., with 20 or more years of state employment or with 25 years or more, depending on the bargaining unit) are entitled to an employer contribution for retiree health care equal to 80 or 100 percent of the weighted average premium of the four health plans most highly utilized by all members. Depending on the bargaining unit, dependents are eligible for a contribution based on 80 or 90 percent of the average additional premiums paid for dependents during the benefit year in which the formula is applied. These are referred to as the 80/80 and 100/90 formulas.
- Requires that Medicare-eligible retirees enroll in Medicare and choose a Medicare-coordinated health plan.
- Provides that the employer contribution for active state employee health care shall be determined through collective bargaining.
Proposed Law:
This bill ratifies three MOUs and four MOU side letters entered into between the state and various bargaining units. Includes provisions to take effect immediately. Specifically, this measure ratifies the following:
Memorandum of Understanding with BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21. This bill ratifies an MOU entered into between the state and BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21 on August 19, 2023, represented by the Service Employees International Union, Local 1000 (SEIU). The MOU agreement is, as follows:
Compensation
General Salary Increase (GSI)
- Effective July 1, 2023, retroactively, all SEIU employees shall receive a three percent (3%) GSI.
- Effective July 1, 2024, all SEIU employees shall receive a three percent (3%) GSI.
- Effective July 1, 2025, all SEIU employees shall receive a three percent (3%) GSI.
- At the time of the May Revision to the 2025-2026 Governor’s Budget, if the Department of Finance projects sufficient excess funding, then the General Salary Increase in this MOU shall be four percent (4.0%) on July 1, 2025.
- The determination of sufficient excess funding shall be at the sole discretion of the Director of the Department of Finance based on the specified consideration.
Special Salary Adjustment (SSA)
Wage Equity Adjustment
- Various low paying classifications in BUs 1, 4, 11, 14, 15, and 20 will receive a four percent (4%) SSA on July 1, 2023.
Bargaining Unit 1
- Effective July 1, 2023, employees in the following classifications shall receive an SSA percent increase as listed:
- Driver Safety Hearing Officer (4.0%)
- Conservancy Project Development Analyst II (15.76%)
- Conservancy Project Development Analyst I (15.78%)
- Public Land Management Specialist IV (3.25%)
- Public Land Management Specialist III (15.75%)
- Public Land Management Specialist II (15.80%)
- Public Land Management Specialist I (10.29%)
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of two and one-half percent (2.5%):
- Workers’ Compensation Compliance Officers, Aviation Safety Officer II, and Insurance Rate Analysts.
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Correctional Case Records Analysts, Hearing Reporters, Payroll Specialist, Personnel Specialists, Legal Assistants and Analysts, Health Facilities Evaluator Specialists, Financial Institutions Examiners, Tax Auditors, Business Taxes Specialists, Public Utility Financial Examiner IV, Environmental Planners, Transportation Planners, Conservancy Project Development Specialist, Right of Way Agents, Coastal Program Analysts, Research Data Specialists and Analysts, Health Facilities Evaluators, Insurance Compliance Officers, Employment Program Representatives, and Disability Insurance Program Representatives.
Bargaining Unit 3
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Teachers, Substitute Teachers, and Teacher Specialists.
Bargaining Unit 4
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Secretaries, Mailing Machines Operators II, Dispatcher-Clerks, Library Technical Assistants, Health Record Technician II, Senior Motor Vehicle Technician, Tax Technicians, Lottery Ticket Sales Senior Specialist, Control Cashiers, Senior Benefit Program Specialist, Senior Pension Program Representative, Program Technician III, and Sr. Word Processing Technician.
Bargaining Unit 11
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Plant Quarantine Inspector, Agricultural Pest Control Specialist, Water Resources Engineering Associate, Water Resources Technicians, Civil Engineers, Material and Research Engineering Associate, Steel Inspectors, Bridge Architectural Trainee/Assistant/Associate, Construction Supervisors & Inspectors, Seismological Instrument Technicians, and Transportation Engineering Technicians.
- Supervising Laboratory Assistant I (5.55%).
Bargaining Unit 14
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Printing Trades Production Coordinator, Webfed Offset Press Operators, Bookbinders, Printing Plant Machinist, and Printing Trades Assistant II.
Bargaining Unit 15
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA percent increase as listed:
- Cook Specialists (5.0%)
- Correctional Supervising Cook (5.0%)
- Custodian II (6.61%)
- Laundry Supervisor (4.0%)
Bargaining Unit 17
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Health Facilities Evaluator Nurses, Nurse Evaluators, Health Services Specialists, Public Health Nurses, and Nurse Practitioners.
Bargaining Unit 20
- Effective July 1, 2023, employees in the following general classifications shall receive an SSA of five percent (5.0%):
- Clinical Laboratory Technologists, Certified Nursing Assistants, Resident Care Specialists, Transportation Coordinators, Readers, Night Attendants, and Counselor Orientation Center for the Blind.
Bargaining Unit 21
- Effective July 1, 2023, employees in the following classifications shall receive an SSA of five percent (5.0%):
- Private Postsecondary Education Senior Specialist, Nursing Education Consultant, and Transportation Programs Consultant.
Health Benefits
Employer Contribution for Active State Employees
- The state’s monthly benefit contribution for BU 3 employees shall continue to be a flat dollar amount equal to 80 percent of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. For each employee with enrolled family members, the employer shall continue to contribute an additional flat dollar amount equal to 80 percent of the weighted average of the additional premiums. The flat dollar amounts shall be adjusted as appropriate pursuant to the formulas on January 1, 2024, January 1, 2025, and January 1, 2026.
Out-of-State Supplemental Health Care Program
- The current program, $1,200 per year, will expire at the end of the November 2023 pay period. Effective with the December 2023 pay period, employees who are headquartered out-of-state and enrolled in a CalPERS sponsored Preferred Provider Organization health plan because they cannot enroll in a CalPERS sponsored HMO plan, will receive a monthly payment based on their health plan party code enrollment.
Supplemental Health Benefits Contribution
- All health benefits-eligible SEIU BU employees will receive an additional monthly amount of up to one hundred and sixty-five dollars ($165) towards the monthly employer health benefits contribution.
Post-Employment Benefits
Prefunding of Other Post-Employment Benefits (OPEB)
- Effective on the first day of the pay period following ratification, the employees’ monthly contributions shall decrease from 3.5 to 3.0 percent to prefund OPEB.
- Effective July 1, 2024, and each July thereafter, the contribution percentages will be adjusted based on the actuarially determined total normal cost. If the total normal cost increases or decreases by more than half a percent from the total normal cost contribution in effect at that time, the employer and employee contribution percentages will be increased or decreased July 1 each fiscal year thereafter, to maintain a 50 percent cost sharing of actuarially determined total normal cost. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year.
Miscellaneous
Electronic Device Access
- The California Department of Corrections and Rehabilitation (CDCR) and California Correctional Health Care Services (CCHCS) will allow SEIU Local 1000 executive board members and one steward, per watch, per worksite, institution or facility to bring an authorized cellular device within the security areas of worksites, institutions or facilities for the purpose of SEIU representation upon written notification and approval of the Appointing Authority.
Bereavement Leave
- Increased the number of days from three to five to incorporate recent statutory changes.
Union Leave
- Increased union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall be increased from the current rate of thirty-five percent (35%) by two percent (2%) each year of the Agreement.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for long-term 12 meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent (100%) discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Uniform Replacement Allowance
- Effective the first pay day of the pay period following ratification by both parties, the uniform replacement allowance will increase to six hundred and fifty dollars ($650) per year for employees who are required to wear a uniform as a condition of employment, when the State does not provide a uniform.
- Increase in the safety footwear allowance from $100 to $165.
Duration
- July 1, 2023, through June 30, 2026.
Fiscal
- Fiscal Year 2023-24 Cost: $635.9 million ($291.4 million General Fund).
Memorandum of Understanding with BU 12. This bill ratifies an MOU entered into between the state and BU 12 on July 13, 2023, represented by the International Union of Operating Engineers (IUOE). The MOU agreement is, as follows:
Compensation
Special Salary Adjustments (SSA)
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA of five percent (5%):
- Maintenance Aide (Seasonal)
- Maintenance Aide (Seasonal)(Angel Island)
- Foundation Driller
- Foundation Driller Leadworker
- Senior Foundation Driller
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA as follows:
- Automotive Pool Attendant III 4.66%
- Lead Automobile Mechanic 4.41%
- Lead Motorcycle Mechanic 4.41%
- Telecommunications Facilities Technician II, CHP 4.19%
- Park Landscape Maintenance Technician 6.70%
- Park Maintenance Worker II 4.80%
- Effective July 1, 2023, all BU 12 employees in the following classifications shall receive a SSA of four percent (4%):
- State Park Equipment Operator
- Military Department Heavy Equipment Operator
- Caltrans Equipment Operator I/II
- Caltrans Highway Maintenance Worker
- Caltrans Highway Maintenance Leadworker
- Caltrans Landscape Maintenance Worker
- Caltrans Landscape Maintenance Leadworker
- Maintenance Worker, California Highway Patrol
- Tractor Operator - Laborer
- Tractor Operator - Laborer (Correctional Facility)
- Commercial Vehicle Inspection Specialist
- Heavy Truck Driver
- Heavy Truck Driver, Correction Facility
- Automobile Mechanic
- Automobile Mechanic (Correctional Facility)
- Automotive Pool Attendant I/II
- Automotive Technician I/II
- Motorcycle Mechanic
- Caltrans Heavy Equipment Mechanic
- Caltrans Heavy Equipment Mechanic Leadworker
- Heavy Equipment Mechanic Apprentice, Caltrans
- Heavy Equipment Mechanic
- Heavy Equipment Mechanic (Correctional Facility)
- Equipment Maintenance Supervisor (Correctional Facility)
- Pest Control Technician
- Pest Control Technician (Correctional Facility)
- Groundskeeper
- Lead Groundskeeper
- Groundskeeper (Correctional Facility)
- Skilled Laborer
- Lead Groundskeeper I (Correctional Facility)
- Supervising Groundskeeper II (Correctional Facility)
- Supervising Groundskeeper I
- Lead Groundskeeper (Correctional Facility)
- Industrial Supervisor, Prison Industries (Bakery)
- Industrial Supervisor, Prison Industries (Bindery)
- Industrial Supervisor, Prison Industries (Coffee Roasting and Grinding)
- Industrial Supervisor, Prison Industries (Crop Farm)
- Industrial Supervisor, Prison Industries (Dairy)
- Industrial Supervisor, Prison Industries (Dental Laboratory)
- Industrial Supervisor, Prison Industries (Detergent Plant)
- Industrial Supervisor, Prison Industries (Digital Services)
- Industrial Supervisor, Prison Industries (Egg Production)
- Industrial Supervisor, Prison Industries (Fabric Products)
- Industrial Supervisor, Prison Industries (Food and Beverage)
- Industrial Supervisor, Prison Industries (Knitting Mill)
- Industrial Supervisor, Prison Industries (Laundry)
- Industrial Supervisor, Prison Industries (Maintenance + Repair)
- Industrial Supervisor, Prison Industries (Mattress + Bedding)
- Industrial Supervisor, Prison Industries (Meatcutting/Processing)
- Industrial Supervisor, Prison Industries (Metal Fabrication)
- Industrial Supervisor, Prison Industries (Optical Products)
- Industrial Supervisor, Prison Industries (Poultry Processing)
- Industrial Supervisor, Prison Industries (Printing)
- Industrial Supervisor, Prison Industries (Sausage Making/Cured Meats)
- Industrial Supervisor, Prison Industries (Sewing Machine Repair)
- Industrial Supervisor, Prison Industries (Shoe Manufacturing)
- Industrial Supervisor, Prison Industries (Tool + Die)
- Industrial Supervisor, Prison Industries (Upholstery)
- Industrial Supervisor, Prison Industries (Wood Products)
- Industrial Warehouse and Distribution Specialist, Prison Industries
- Prison Canteen Manager I
- Materials and Stores Supervisor II (Correctional Facility)
- Plumber Apprentice
- Plumber I/II
- Plumber II/III (Correctional Facility)
- Plumber Supervisor
- Telecommunications Facilities Technician I, CHP
- Park Maintenance Assistant
- Park Maintenance Assistant (Angel Island)
- Park Maintenance Worker I
- Park Maintenance Worker I (Angel Island)
- Effective July 1, 2023, all BU 12 employees (except classifications identified above) shall receive a SSA of three percent (3%).
- Effective July 1, 2023, following the three percent (3%) SSA increase, all BU12 employees in the Senior Maintenance Aide (Seasonal) minimum salary step shall be realigned to be five percent (5%) above the maximum salary step of the Maintenance Aide (Seasonal) classification with the establishment of five percent (5%) step differentials between the remaining steps.
- Effective July 1, 2024, all BU 12 employees in the following classifications shall receive a SSA of five percent (5%):
- Senior Foundation Driller
- Foundation Driller Leadworker
- Foundation Driller
- Effective July 1, 2024, the maximum salary range for all BU 12 classifications (except driller classifications) shall be increased by four percent (4%). Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
- Effective July 1, 2025, all BU 12 classifications shall be adjusted by increasing the maximum of the salary range by 4 percent (4%). Employees who have been at the maximum salary for 12 qualifying pay periods will be moved to the new maximum salary.
Workforce Stability Stipend
- Effective July 1, 2023, BU 12 employees are eligible to accrue a Workforce Stability Stipend up to a maximum of $3,600. Employees shall accrue $100 for each qualifying pay period during 6-month eligibility periods. Pay is processed in six payments of up to $600 in January 2024, August 2024, January 2025, August 2025, January 2026, and August 2026.
Night Shift Pay Differential
- Effective July 1, 2023, increase the night shift pay differential from $1 per hour to $1.50 per hour for work shifts that fall between 6 p.m. and 12 midnight.
- Effective July 1, 2023, increase the night shift pay differential from $2 per hour to $2.50 per hour for work shifts that fall between 12 midnight and 6 a.m.
Special Duty Pay
- Effective July 1, 2023, certain BU 12 employees at the California Highway Patrol (CHP) who are required to transport, operate, or deploy in a snow caterpillar will be eligible to receive special duty pay of $10 per hour.
Recruitment and Retention Differential
- Effective July 1, 2023, certain BU 12 classifications in designated work locations within Inyo, Shasta, and San Luis Obispo counties at the California Department of Transportation (Caltrans) and within Butte County at the Department of Water Resources are identified as eligible for recruitment at the top step plus receive an additional monthly retention differential.
- Effective July 1, 2023, driller classifications will be eligible for recruitment at the top step plus receive a monthly differential of $200.
- Effective July 1, 2023, certain Caltrans designated field mechanics shall be eligible to receive a special duty pay of two percent (2%) while so assigned.
Commercial Driver’s License Differential
- Effective July 1, 2023, the monthly differential shall be calculated to reflect five percent (5%) of the employee’s monthly base pay.
- Effective July 1, 2023, certain BU 12 classifications within the CHP are identified as eligible to receive the Commercial Driver’s License differential.
Agricultural Pest Control License Differential
- Effective July 1, 2023, increase the Qualified Applicator’s Certificate monthly differential from $50 to $100.
- Effective July 1, 2023, increase the Pest Control Advisor Certificate monthly differential from $75 to $150.
Well Drilling License Pay Differential
- Effective July 1, 2023, increase the C-57 Well Drilling license monthly pay differential from five percent (5%) to 15 percent (15%).
Caltrans Winter Operations Pay Differential
- Effective the first day of the pay period following ratification by both parties, certain BU 12 classifications in designated work locations within Caltrans are identified as eligible to receive a Winter Operations Pay Differential while so assigned. Certain BU 12 classifications may qualify for either a five percent (5%) base pay differential per month or a $1 per hour differential while so assigned.
Commercial Vehicle Inspection Specialist Pay Differential
- Effective July 1, 2023, certain CHP Commercial Vehicle Inspection Specialists who pass the Cargo Tank Inspection exam shall receive a $200 pay differential each month.
Footwear Allowance
- Effective July 1, 2023, the footwear reimbursement changes to an annual allowance and is increased to $175 for BU 12 employees who are required to wear specific footwear. BU 12 classifications in the Department of State Hospitals have been added to the list as eligible to receive the annual footwear allowance. BU 12 classifications in the Department of Parks and Recreation and CalFire shall also be eligible for the annual footwear allowance while maintaining the remaining uniform reimbursement.
Shift Premium for Department of Water Resources (DWR)
- Effective July 1, 2023, employees covered by the DWR Rotating Shift Operations will receive the following increases to their shift pay differential:
- Rotating Shift employees who work evening or night shifts shall receive an increase from $1 to $1.50 per hour.
- Employees working the evening shift and working four or more hours between 6 p.m. and midnight shall receive an increase from $1 to $1.50 per hour.
- Employees working the night shift and working four or more hours between midnight and 6:00 a.m. shall receive an increase from $2 to $2.50 per hour.
- Rotating shift employees who work both the evening and the night shift as identified above, shall only receive the combined rate. This rate has been increased from $1.90 to $2.90 per hour.
Health Care Facility Retention and Wildfire Emergency Response
- BU 12 employees who were employed on January 1, 2022, and remain employed on the first day of the pay period following ratification, and who have been working more than fifty percent of the time in a correctional facility, correctional health care facility, Veteran’s home, state hospital and/or developmental services, and/or formally deployed and reassigned to work on emergency wildfire response efforts shall receive a one-time payment of $1,500.
Retirement Formula Employee/Employer Contribution
First Tier A Retirement Formula, First Tier B Retirement Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2024, the employee contribution rate for miscellaneous and industrial members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2025, the employee contribution rate for miscellaneous members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Retirement Formula for Safety Members: State Safety A Formula, State Safety B Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Health and Welfare - Family Care Leave (FCL)
- Effective no later than January 1, 2024, BU 12 employees who are enrolled in the annual leave program will be eligible for the non-industrial disability insurance FCL program. This program provides eligible employees up to six weeks of paid leave (50% of gross salary) within a 12-month period for the care of a seriously ill family member or to bond with a newborn child, adopted child or foster care placement. Employees have the option to use their own leave credits to supplement up to 75 or 100 percent income benefit.
Health Benefits
Health, Dental, Vision
- The state’s monthly health benefit contribution for each employee shall continue to be a flat dollar amount equal to 80 percent (80%) of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. The flat dollar amounts shall be increased or decreased as appropriate pursuant to the formula on January 1, 2024, January 1, 2025 and January 1, 2026.
Miscellaneous Benefits
Union Leave
- Increase union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall reflect the actual expenses related to the affected employee’s salary and benefits for all of the time the employee is out on Union Leave.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for long-term meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Classification Consolidation - Trades
- With over 300 trades classifications within BU 12, the parties agree it will be advantageous to consolidate, simplify, and reallocate a number of state job classifications to better align with current and projected workforce needs. The parties agree to meet for purposes of considering and discussing potential consolidation of classifications necessary and appropriate.
Duration
- July 1, 2023, through June 30, 2026
Fiscal
- Fiscal Year 2023-24: $68.2 million ($27.2 million General Fund)
Memorandum of Understanding with BU 19. This bill ratifies an MOU entered into between the state and BU 19 on June 9, 2023, represented by the American Federation of State, County and Municipal Employees (AFSCME). The MOU agreement is, as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, all BU 19 employees shall receive a three percent (3%) GSI.
- Effective July 1, 2024, all BU 19 employees shall receive a 2.5 percent (2.5%) GSI.
Special Salary Adjustments (SSA)
- Effective July 1, 2023, or August 2, 2023, BU 19 employees in the various specified classifications shall receive a SSA ranging from 2.5 percent (2.5%) to 9.63 percent (9.63%).
- Effective July 1, 2023, the maximum of the salary range for BU 19 employees in Clinical Social Worker classes shall be increased in the range of 2.65 percent (2.65%) to three percent (3%).
- Effective July 1, 2023, the maximum of the salary range for BU 19 employees in Psychology classes shall be increased by 10 percent (10%).
Hours of Work and Overtime
- Increases the amount of time credited for overtime from 10 minutes to 15 minutes.
- Increases the amount of compensating time off used from 10 minutes to 15 minutes.
On-Call/Call Back Assignment for CDCR/CCHCS Exempt Employees
- Changes Compensating Time Off (CTO) for on-call employees from eight hours per seven (7) days to $10 per hour while on-call.
Psychologist Additional Workload Pay
- Effective the first pay period following ratification by both parties, salaried Psychologists at California Department of Corrections and Rehabilitation/Correctional Health Care Services are eligible for straight-time compensation for working additional caseload.
Clinical Supervision Differential
- Effective the first pay period following ratification by both parties, the differential for providing clinical supervision to unlicensed individuals increases from $100 to $500.
Retention Bonus Psychologists and Clinical Social Workers
- Effective the first pay period following ratification by both parties, Psychologists and Clinical Social Workers newly hired into the classifications will be eligible for bonus payments annually through 84 months. Employees currently performing the duties eligible for the bonus, employed over 84 months, and not receiving the bonus under the previous differential are eligible for a one-time payment of $10,000.
Optometrist Special Salary Adjustment
- Effective the first pay period following ratification by both parties, the Optometrist classification will be converted from a daily rate of pay to monthly salary pay along with a onetime SSA of 69.46%.
Registered Dietitian – Department of Developmental Services, Porterville Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Registered Dietitians at Porterville Developmental Center will receive a monthly differential of $400.
Audiologist – Department of Developmental Services, Porterville
Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Audiologists at Porterville Developmental Center will receive a monthly differential of $1,000.
Psychologist – Department of Developmental Services, Porterville
Developmental Center Recruitment and Retention Differential
- Effective the first pay period following ratification by both parties, Psychologists at Porterville Developmental Center will receive a monthly differential of $1,000 and Unlicensed Psychologists will receive a monthly differential of $800.
Occupational Therapist – California School for the Deaf, Riverside Recruitment
and Retention Differential
- Effective the first pay period following ratification by both parties, Occupational Therapists at California School for the Deaf, Riverside will receive a monthly differential of 10 percent (10%) of base pay.
Retirement Formula Employee/Employer Contribution
First Tier A Retirement Formula, First Tier B Retirement Formula and Public Employees’ Pension Reform Act Retirement Formula Employee Contribution/Final Compensation
- Effective July 1, 2024, the employee contribution rate for miscellaneous and industrial members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2025, the employee contribution rate for miscellaneous members shall be reduced by 0.5 percent (0.5%).
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Retirement Formula for Safety Members: State Safety A Formula, State Safety B
Formula and Public Employees’ Pension Reform Act Retirement Formula
Employee Contribution/Final Compensation
- Effective July 1, 2026, and each year thereafter, if the actuarially determined total normal cost increases or decreases by more than one percent (1%) from the total normal cost contribution in effect at that time, the employee contribution percentage will be increased or decreased, no sooner than July 1, 2026, to reach 50 percent (50%) of the actuarially determined total normal cost, rounded to the nearest quarter of one percent.
Miscellaneous Benefits
Union Leave
- Increases union reimbursement rates payable to the State for authorized Union Leave. Reimbursement rates shall reflect the actual expenses related to the affected employee’s salary and benefits for all of the time the employee is out on Union Leave.
Business and Travel Expenses
- During the term of this contract the State shall implement a business and travel expense reimbursement program that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the federal General Services Administration (GSA). This shall include:
- Adopting the federal standard meal and incidental expense (M&IE) rate established by the GSA at time of travel for in-state and out-of-state travel;
- Adopting federal standard and non-standard reimbursement rates at time of travel for in-state, out-of-state, and out-of-country lodging;
- Simplifying current reimbursement policy and administration and providing up to 75 percent (75%) of the federal standard rate established by the GSA for M&IE on the first and last day of travel;
- Eliminating the state’s long-term travel reimbursement rates and adopting the federal standard M&IE reimbursement rates for longterm meals, and receipted lodging shall be reimbursed up to the maximum federal standard and non-standard reimbursement rates.
Transportation Incentives and Parking Rates
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent (100%) discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service (IRS).
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the IRS.
Chaplains’/Native American Spiritual Leaders’ Required Conventions and
Professional Education and Training
- Effective the first pay period following ratification by both parties, Chaplains/Native American Spiritual Leaders allotted leave for attending required conventions or gatherings increases from five (5) days to seven (7) days per fiscal year.
Leave for Required Continuing Education
- Adds three (3) classifications to the list of classifications eligible for paid educational leave to obtain continuing education units.
- Changes annual $500 payment for Required Continuing Education Units from a reimbursement to an annual payment.
Contract Term
1) July 2, 2023, through June 30, 2025
Fiscal
- Fiscal Year 2023-24: $77.6 million ($71.6 million General Fund)
12-Hour Alternate Work Week Schedule Pilot Program – Bargaining Unit 5. This bill ratifies an MOU side letter entered into between the state and BU 5 (CAHP) on August 22, 2023, as follows:
- Allows for a pilot project to test a 12-Hour Alternate Work Week schedule for road patrol officers. To participate in the pilot project, a majority of the affected employees in an Area office must vote to approve the Alternate Work Week schedule. If approved, all road patrol officers will be required to participate in the alternate workweek program.
Health Care Facility Retention Payment – Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20 and 21. This bill ratifies an MOU side letter entered into between the state and BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21 (SEIU) on August 24, 2023 as follows:
- SEIU members employed at a correctional facility, correctional health facility, State Hospital, Veteran’s home, and/or Developmental Services facility “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1,450.
- SEIU members employed at the California Department of Public Health in one of the following classifications: Nurse Consultant I, II, III; Health Facilities Evaluator Nurse; Public Health Nurse; Laboratory Assistant; Senior Laboratory Assistant; Public Health Laboratory Technician I, “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1000.
- SEIU members employed at the State Special School for the Deaf or Blind “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $625.
- To be eligible, employees must have been employed by the state on January 1, 2022, and remained employed by the state upon the first day of the pay period following ratification.
- Eligible employees must have provided services in-person and onsite 50% or more of the time during the pandemic.
- This measure appropriates $5,122,000 ($4,956,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the one-time payments.
Health Care Facility and Public Safety Retention Payment – Bargaining Unit 13. This bill ratifies an MOU side letter entered into between the state and BU 13 (IUOE) on August 11, 2023, as follows:
- BU 13 members employed at a correctional facility, correctional health facility, State Hospital, Veteran's home, Developmental Services facility, and/or were formally deployed and reassigned to work on emergency wildfire response efforts are eligible for a one-time payment of $1,500.
- Eligible employees must have been employed by the state on January 1, 2022, and remained employed by the state upon the first day of the pay period following ratification.
- Eligible employees must have provided services in-person and onsite 50% or more of the time during the pandemic.
- This measure appropriates $878,000 ($585,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the one-time payments.
Health Care Facility Retention Payment – Bargaining Unit 19. This bill ratifies an MOU side letter entered into between the state and BU 19 (AFSCME) on June 9, 2023, as follows:
- BU 19 members employed at a correctional facility, correctional health facility, State Hospital, Veteran’s home, and/or Developmental Services facility “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $1,450.
- BU 19 members employed by the Department of Rehabilitation “who have been in-person supporting the delivery of care to the most acute patients during the COVID-19 pandemic” are eligible for a one-time payment of $750.
- Eligible employees must have been employed by the state on January 1, 2022, and remained employed by the state upon the first day of the pay period following ratification and provided services onsite 50% or more of the time during the pandemic.
- This measure appropriates $5,845,000 ($5,389,000 General Fund) one-time for expenditure in the 2023-24 fiscal year for the cost of the retention payments.
This measure includes a notwithstanding clause from Government Code Section 19829.5, which requires the Legislative Analyst to prepare a fiscal analysis within ten days of receiving any tentative agreement from the Department of Human Resources, prior to the final legislative ratification of an MOU.
This measure includes chaptering out amendments to ensure that if AB 148 and AB 151 are both signed, both measures will take effect immediately.
Fiscal Effect:
This bill appropriates $1,158,179,000 ($596,214,000 General Fund) to implement the MOUs and all of the side letter agreements as described above.
Support:
None on file.
Opposed:
None on file.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 148
Author:(Committee on Budget)
As Amended Ver:February 1, 2023
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SUMMARY
This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
Major Provisions
COMMENTS
According to the Author
Arguments in Support
Arguments in Opposition
FISCAL COMMENTS
VOTES
UPDATED
VERSION: February 1, 2023
CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000082
Discussed in Hearing
1MIN
Senate Standing Committee on Budget and Fiscal Review
Bill Author
Bill Co-Author(s):