Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Rocio Kiryczun, Director of Human Resources
Subject: Resolution to apply the provisions of Government Code section 31646(b)
RECOMMENDATION:
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Adopt a resolution making the provisions of Government Code section 31646(b) applicable to the County which would allow employees to receive retirement service credit for an unpaid parental leave.
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BACKGROUND:
Assembly Bill 2101 amended Government Code section 31646 to include a provision that would allow employees who take an unpaid parental leave to receive service credit toward retirement. AB 2101 went into effect on January 1, 2021 but the provision allowing an employee the option to receive service credit is only effective after the Board of Supervisors adopts a resolution making the provisions of 31646(b) applicable to the County.
DISCUSSION:
Pursuant to the newly amended Government Code section 31646(b), a member who returns to active service following an uncompensated leave of absence on account of parental leave may receive service credit for the period of the absence upon the payment of the contributions that the member and the employer would have paid during that period, together with the interest that the contributions would have earned had they been on deposit, if the member was not absent. For purposes of the amendment, parental leave is defined as any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to employment at the end of the approved leave for a period of time at least equal to that leave. The contributions may be paid in a lump sum or may be paid on a monthly basis for a period of not more than the length of the period for which service credit is claimed. Credit shall not be received for any period of such an absence in excess of 12 consecutive months.
As provided in the statute, employees who wish to receive...
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