PersonnelRetirement System

Section § 102430

Explanation

This law allows the district to set up a retirement system for its employees, but if these employees are part of a labor union, the terms must be agreed upon through a collective bargaining agreement with that union. If a retirement board is created to manage the system, both board members and district employees can be on the board. Additionally, the district can create trust accounts related to the retirement system.

(a)CA Public Utilities Code § 102430(a) The district may provide for a retirement system; provided, that the adoption, terms, and conditions of any retirement system covering employees of the district represented by a labor organization in accordance with this section shall be pursuant to a collective bargaining agreement between such labor organization and the district.
(b)CA Public Utilities Code § 102430(b) If the district establishes a retirement board for the retirement system, board members and employees of the district may serve on the retirement board.
(c)CA Public Utilities Code § 102430(c) The district may establish trust accounts for the purposes of this section.
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Section § 102431

Explanation

This law allows the board to make agreements with the Public Employees’ Retirement System to include its employees in that retirement system. However, employees who are part of a bargaining unit represented by a labor organization can only be included if a collective bargaining agreement allows it.

The board may contract with the board of administration of the Public Employees’ Retirement System and enter all or any portion of its employees under such system, provided, that no employees of the district in a bargaining unit which is represented by a labor organization shall be included in such contract except as authorized by a collective bargaining agreement.
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Section § 102432

Explanation

When the district takes over existing facilities from a public or private utility that has a pension plan, the people in that pension plan keep their same rights and benefits. The district has to consider any existing obligations related to the pension plan and make sure these are reflected in the purchase price when buying the utility's facilities.

Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of such pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to such established system.
Whenever any such facilities are acquired by the district, the board shall consider and take into account the outstanding obligations and liabilities of the publicly or privately owned public utility by reason of such pension plan, and shall negotiate an allowance in the purchase price of such utility for the assumption of such obligations and liabilities when acquiring the facilities.
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