Pension Plan - Personnel - Public Utilities - CA

Section § 125550

This law section outlines how pension plans for district employees in California, who are represented by a labor organization, should be set up and governed. Such pension plans must be agreed upon through a collective bargaining agreement with equal input from both labor and management on a retirement board. If there's a disagreement, certain federal guidelines will resolve it. The retirement board's actions must comply with the California Constitution. This section doesn’t apply if the employees are already part of specific established retirement systems.

(a) The adoption, terms, and conditions of a pension plan covering employees of the district in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between that organization and the district and shall be subject to this section.

(b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).

(c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution.

(d) This section does not apply if the district has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.).

pension plan management retirement board collective bargaining agreement ...

Section § 125551

This law allows a district to make arrangements with the Public Employees' Retirement System to include its employees in the retirement plan. However, if the employees are part of a union, they can only be included if a collective bargaining agreement permits it.

The district may contract with the Board of Administration of the Public Employees’ Retirement System, and in that case the board of administration shall enter into a contract with the district, to enter all, or any portion, of the employees of the district under that system; provided, that no employees of the district in a bargaining unit that is represented by a labor organization shall be included in the contract except as authorized by a collective-bargaining agreement.

Public Employees' Retirement System district employee retirement collective bargaining agreement ...

Section § 125552

This law allows people who are currently receiving or entitled to receive pension benefits from a public utility that has been acquired by a district to join a new pension plan set up by that district. To do this, there needs to be a mutual agreement between the individuals and the district. If they opt into the new plan, they might have to give up all their rights and benefits from the previous utility's pension plan as part of this agreement.

All persons receiving pension benefits from an acquired public utility, and all persons entitled to pension benefits under any pension plan of the acquired public utility, may become members or receive pensions under a pension plan established by the district by mutual agreement of those persons and the district. The agreement may provide for the waiver of all rights, privileges, benefits, and status with respect to the pension plan of the acquired public utility.

pension benefits acquired public utility pension plan membership ...