132355. Administrative authority for the consolidated agency shall
be vested in the office of the executive director, subject to the
direction and policies of the consolidated agency as approved by the
board. The executive director shall serve at the pleasure of the
board and may appoint employees as may be necessary to carry out the
functions of the consolidated agency.
132355.1. The employees of the consolidated entities affected by
this chapter shall become employees of the consolidated agency and
shall suffer no loss of employment or reduction in wages, health and
welfare and other benefits, seniority, retirement benefits or
contributions made to retirement plans, or any other term or
condition of employment as a result of the enactment of this chapter.
132355.2. (a) Upon succession of the consolidated agency under
Section 132351.3, and in accordance with Article 4 (commencing with
Section 132353), all affected employees of the consolidated entities
shall become employees of the consolidated agency at their existing
or substantially equivalent classifications, salaries, and benefits.
All consolidated entity employees who become employees of the
consolidated agency shall be given sick leave, seniority, and
vacation credits in accordance with the records of the consolidated
entity that previously employed them.
(b) On the effective date of succession of the consolidated
agency:
(1) Regular employees of the consolidated entities shall be deemed
qualified, and no other qualifications shall be required for
employment or retention by the consolidated agency.
(2) Probationary employees of consolidated entities shall retain
their probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
(c) Upon transfer of any public benefit corporation owned solely
by the MTDB pursuant to Section 132353.3, any reference to the board
or to the San Diego Metropolitan Transit Development Board in Article
1 (commencing with Section 120500), Article 2 (commencing with
Section 120520), and Article 3 (commencing with Section 120540) of
Chapter 5 of Division 11 shall be deemed to refer to the consolidated
agency.
132355.3. (a) Members and beneficiaries of any pension or
retirement system or other benefits established by the consolidated
entities shall continue to have comparable rights, privileges,
benefits, obligations, and status with respect to the established
systems.
(b) The consolidated agency and the Public Employees' Retirement
System (PERS) shall enter into an agreement to provide comparable
benefits to those persons who were employees, retirees, or
beneficiaries of the consolidated entities' pension and retirement
plans at the time of consolidation. Any expense related to this
agreement between the consolidated agency and PERS, including retiree
coverage, shall be borne by the consolidated agency. The agreement
shall be effective as of the date of succession by the consolidated
agency.
(c) Those retired employees of the consolidated entities,
including their eligible dependents, who are (1) retired on the
effective date of the succession; or (2) an eligible beneficiary of a
retired employee on the effective date of succession, and (3) who
were eligible for benefits through PERS as provided and paid for by a
consolidated entity, shall continue to be eligible for comparable
benefits, including health care insurance, under the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession. These benefits shall be provided at no
cost to the retired employee or eligible beneficiary, except for
normal copayments as otherwise provided for in the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession.
(d) Allowances of persons retired from the consolidated entities
as of the consolidation date and their beneficiaries and of
beneficiaries of deceased members or retired persons who are
receiving allowances as of the succession date, shall be continued in
at least the amount provided under the contracts between the
consolidated entities and PERS in effect on the day prior to the
succession. The succession shall not affect the contribution rate of
any employee, retiree, or beneficiary or any retirement allowance or
other benefit based on service to a consolidated entity being paid on
the day prior to succession.
(e) Notwithstanding Section 20511 of the Government Code, time of
service by consolidated entity employees shall be credited as
services rendered for the consolidated agency for purposes of
calculating retirement benefits. The time of service by consolidated
entity employees shall create prior service liabilities against the
consolidated agency. Service rendered by consolidated entity
employees who become employees of the consolidated agency on the date
of succession shall be combined with service rendered by the
employee as an employee of the consolidated agency for purposes of
calculating retirement benefits. The consolidated agency's contract
with PERS shall contain a provision to bring this section into
effect.
132355.4. (a) Whenever a majority of the employees employed by the
consolidated agency in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization, and upon
determining that the labor organization represents at least a
majority of the employees in the appropriate unit, the determination
of questions concerning employee representation and the conduct of
employee-employer relations for the consolidated agency shall be
governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code).
(b) For the purposes of the wage orders of the Industrial Welfare
Commission, the consolidated agency shall be considered a special
district.
132355. Administrative authority for the consolidated agency shall
be vested in the office of the executive director, subject to the
direction and policies of the consolidated agency as approved by the
board. The executive director shall serve at the pleasure of the
board and may appoint employees as may be necessary to carry out the
functions of the consolidated agency.
132355.1. The employees of the consolidated entities affected by
this chapter shall become employees of the consolidated agency and
shall suffer no loss of employment or reduction in wages, health and
welfare and other benefits, seniority, retirement benefits or
contributions made to retirement plans, or any other term or
condition of employment as a result of the enactment of this chapter.
132355.2. (a) Upon succession of the consolidated agency under
Section 132351.3, and in accordance with Article 4 (commencing with
Section 132353), all affected employees of the consolidated entities
shall become employees of the consolidated agency at their existing
or substantially equivalent classifications, salaries, and benefits.
All consolidated entity employees who become employees of the
consolidated agency shall be given sick leave, seniority, and
vacation credits in accordance with the records of the consolidated
entity that previously employed them.
(b) On the effective date of succession of the consolidated
agency:
(1) Regular employees of the consolidated entities shall be deemed
qualified, and no other qualifications shall be required for
employment or retention by the consolidated agency.
(2) Probationary employees of consolidated entities shall retain
their probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
(c) Upon transfer of any public benefit corporation owned solely
by the MTDB pursuant to Section 132353.3, any reference to the board
or to the San Diego Metropolitan Transit Development Board in Article
1 (commencing with Section 120500), Article 2 (commencing with
Section 120520), and Article 3 (commencing with Section 120540) of
Chapter 5 of Division 11 shall be deemed to refer to the consolidated
agency.
132355.3. (a) Members and beneficiaries of any pension or
retirement system or other benefits established by the consolidated
entities shall continue to have comparable rights, privileges,
benefits, obligations, and status with respect to the established
systems.
(b) The consolidated agency and the Public Employees' Retirement
System (PERS) shall enter into an agreement to provide comparable
benefits to those persons who were employees, retirees, or
beneficiaries of the consolidated entities' pension and retirement
plans at the time of consolidation. Any expense related to this
agreement between the consolidated agency and PERS, including retiree
coverage, shall be borne by the consolidated agency. The agreement
shall be effective as of the date of succession by the consolidated
agency.
(c) Those retired employees of the consolidated entities,
including their eligible dependents, who are (1) retired on the
effective date of the succession; or (2) an eligible beneficiary of a
retired employee on the effective date of succession, and (3) who
were eligible for benefits through PERS as provided and paid for by a
consolidated entity, shall continue to be eligible for comparable
benefits, including health care insurance, under the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession. These benefits shall be provided at no
cost to the retired employee or eligible beneficiary, except for
normal copayments as otherwise provided for in the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession.
(d) Allowances of persons retired from the consolidated entities
as of the consolidation date and their beneficiaries and of
beneficiaries of deceased members or retired persons who are
receiving allowances as of the succession date, shall be continued in
at least the amount provided under the contracts between the
consolidated entities and PERS in effect on the day prior to the
succession. The succession shall not affect the contribution rate of
any employee, retiree, or beneficiary or any retirement allowance or
other benefit based on service to a consolidated entity being paid on
the day prior to succession.
(e) Notwithstanding Section 20511 of the Government Code, time of
service by consolidated entity employees shall be credited as
services rendered for the consolidated agency for purposes of
calculating retirement benefits. The time of service by consolidated
entity employees shall create prior service liabilities against the
consolidated agency. Service rendered by consolidated entity
employees who become employees of the consolidated agency on the date
of succession shall be combined with service rendered by the
employee as an employee of the consolidated agency for purposes of
calculating retirement benefits. The consolidated agency's contract
with PERS shall contain a provision to bring this section into
effect.
132355.4. (a) Whenever a majority of the employees employed by the
consolidated agency in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization, and upon
determining that the labor organization represents at least a
majority of the employees in the appropriate unit, the determination
of questions concerning employee representation and the conduct of
employee-employer relations for the consolidated agency shall be
governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code).
(b) For the purposes of the wage orders of the Industrial Welfare
Commission, the consolidated agency shall be considered a special
district.
132355. Administrative authority for the consolidated agency shall
be vested in the office of the executive director, subject to the
direction and policies of the consolidated agency as approved by the
board. The executive director shall serve at the pleasure of the
board and may appoint employees as may be necessary to carry out the
functions of the consolidated agency.
132355.1. The employees of the consolidated entities affected by
this chapter shall become employees of the consolidated agency and
shall suffer no loss of employment or reduction in wages, health and
welfare and other benefits, seniority, retirement benefits or
contributions made to retirement plans, or any other term or
condition of employment as a result of the enactment of this chapter.
132355.2. (a) Upon succession of the consolidated agency under
Section 132351.3, and in accordance with Article 4 (commencing with
Section 132353), all affected employees of the consolidated entities
shall become employees of the consolidated agency at their existing
or substantially equivalent classifications, salaries, and benefits.
All consolidated entity employees who become employees of the
consolidated agency shall be given sick leave, seniority, and
vacation credits in accordance with the records of the consolidated
entity that previously employed them.
(b) On the effective date of succession of the consolidated
agency:
(1) Regular employees of the consolidated entities shall be deemed
qualified, and no other qualifications shall be required for
employment or retention by the consolidated agency.
(2) Probationary employees of consolidated entities shall retain
their probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
(c) Upon transfer of any public benefit corporation owned solely
by the MTDB pursuant to Section 132353.3, any reference to the board
or to the San Diego Metropolitan Transit Development Board in Article
1 (commencing with Section 120500), Article 2 (commencing with
Section 120520), and Article 3 (commencing with Section 120540) of
Chapter 5 of Division 11 shall be deemed to refer to the consolidated
agency.
132355.3. (a) Members and beneficiaries of any pension or
retirement system or other benefits established by the consolidated
entities shall continue to have comparable rights, privileges,
benefits, obligations, and status with respect to the established
systems.
(b) The consolidated agency and the Public Employees' Retirement
System (PERS) shall enter into an agreement to provide comparable
benefits to those persons who were employees, retirees, or
beneficiaries of the consolidated entities' pension and retirement
plans at the time of consolidation. Any expense related to this
agreement between the consolidated agency and PERS, including retiree
coverage, shall be borne by the consolidated agency. The agreement
shall be effective as of the date of succession by the consolidated
agency.
(c) Those retired employees of the consolidated entities,
including their eligible dependents, who are (1) retired on the
effective date of the succession; or (2) an eligible beneficiary of a
retired employee on the effective date of succession, and (3) who
were eligible for benefits through PERS as provided and paid for by a
consolidated entity, shall continue to be eligible for comparable
benefits, including health care insurance, under the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession. These benefits shall be provided at no
cost to the retired employee or eligible beneficiary, except for
normal copayments as otherwise provided for in the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession.
(d) Allowances of persons retired from the consolidated entities
as of the consolidation date and their beneficiaries and of
beneficiaries of deceased members or retired persons who are
receiving allowances as of the succession date, shall be continued in
at least the amount provided under the contracts between the
consolidated entities and PERS in effect on the day prior to the
succession. The succession shall not affect the contribution rate of
any employee, retiree, or beneficiary or any retirement allowance or
other benefit based on service to a consolidated entity being paid on
the day prior to succession.
(e) Notwithstanding Section 20511 of the Government Code, time of
service by consolidated entity employees shall be credited as
services rendered for the consolidated agency for purposes of
calculating retirement benefits. The time of service by consolidated
entity employees shall create prior service liabilities against the
consolidated agency. Service rendered by consolidated entity
employees who become employees of the consolidated agency on the date
of succession shall be combined with service rendered by the
employee as an employee of the consolidated agency for purposes of
calculating retirement benefits. The consolidated agency's contract
with PERS shall contain a provision to bring this section into
effect.
132355.4. (a) Whenever a majority of the employees employed by the
consolidated agency in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization, and upon
determining that the labor organization represents at least a
majority of the employees in the appropriate unit, the determination
of questions concerning employee representation and the conduct of
employee-employer relations for the consolidated agency shall be
governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code).
(b) For the purposes of the wage orders of the Industrial Welfare
Commission, the consolidated agency shall be considered a special
district.
