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| Authors | Committee on Budget | ||||||||||||||||||||||||||||||||||||||||||||||||
| Subject | Labor. | ||||||||||||||||||||||||||||||||||||||||||||||||
| Relating To | relating to labor, to take effect immediately, bill related to the budget. | ||||||||||||||||||||||||||||||||||||||||||||||||
| Title | An act to amend Section 19878 of, and to add Section 20825.18 to, the Government Code, to amend Section 1872.83 of the Insurance Code, and to amend Section 62.5 of, to add Section 6717.2 to, and to repeal Section 62.6 of, the Labor Code, relating to labor, and making an appropriation therefor, to take effect immediately, bill related to the budget. | ||||||||||||||||||||||||||||||||||||||||||||||||
| Last Action Dt | 2025-06-27 | ||||||||||||||||||||||||||||||||||||||||||||||||
| State | Amended Senate | ||||||||||||||||||||||||||||||||||||||||||||||||
| Status | In Committee Process | ||||||||||||||||||||||||||||||||||||||||||||||||
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| Analyses | TBD | ||||||||||||||||||||||||||||||||||||||||||||||||
| Latest Text | Bill Full Text | ||||||||||||||||||||||||||||||||||||||||||||||||
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(1) Under existing law, when an employee is disabled, whether temporarily or permanently, the employee is entitled, subject to certain conditions, to receive specified nonindustrial disability benefits, unless a memorandum of understanding conflicts with this requirement. Existing law defines “employee” for purposes of those provisions as a permanent or probationary full-time, part-time, or intermittent state officer or employee, as specified. This bill would, effective October 1, 2025, for a disability benefit period commencing on or after July 1, 2025, additionally include a state officer or employee appointed to a career executive assignment in that definition of “employee.” The bill would require these employees claiming benefits for a certain disability benefit period to file a completed claim no later than 41 days following the effective date of this provision. (2) PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state’s contribution in the budget and quarterly appropriations to the Public Employees’ Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. Existing law makes additional General Fund appropriations to the Public Employees’ Retirement Fund for the 2020–21, 2021–22, 2022–23, 2023–24, and 2024–25 fiscal years. Supplemental payments connected with appropriations for those fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category. The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. This bill would appropriate $584,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2025. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees’ Retirement Fund to be apportioned to specified state employee member categories, not to exceed $273,983,000 to the state miscellaneous member category, $16,164,000 to the state industrial member category, $32,150,000 to the state safety member category, and $261,703,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2025–26 fiscal year. (3) Existing law requires the director of the department to levy and collect assessments from specified employers, as specified, for purposes of collecting the aggregate amount determined by the Fraud Assessment Commission pursuant to specified provisions. Existing law requires revenues derived from the assessments to be deposited in the Workers’ Compensation Fraud Account in the Insurance Fund and to only be expended, upon appropriation by the Legislature, for the investigation and prosecution of workers’ compensation fraud and the willful failure to secure payment of workers’ compensation, as prescribed. Existing law requires the director to promulgate reasonable rules and regulations governing the manner of collection of the assessments, as specified. This bill would make technical changes to the above-described assessment provisions, and conforming changes related to those provisions. Existing law, the Administrative Procedure Act (APA), governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts from the rulemaking provisions of the APA regulations adopted by the director governing, among other things, the manner of collection of surcharges levied by the director upon specified employers for purposes of deposit in specified funds, including the Workers’ Compensation Administration Revolving Fund. This bill would also exempt from the rulemaking provisions of the APA regulations adopted pursuant to those promulgated by the director governing the manner of collection of the above-described assessments. (4) (5) This bill would provide that, notwithstanding that provision in the Budget Act of 2025, those moneys are available for use and may be encumbered only if one of specified conditions is met. (6) (8) |