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CA AB1753

Bill

Status

Failed

11/30/2016

Primary Sponsor

Jay Obernolte

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Requires the state to initiate administrative action to recover employee overpayments by written notice to the employee within three years from the date of overpayment.

  • For overpayments involving leave credits, establishes the date of overpayment as either when the employee receives compensation for erroneously credited leave or, if fraud/embezzlement/falsification is alleged, when the state discovers it, whichever is later.

  • Maintains existing recoupment methods including cash payments, payroll deductions (at least covering the pay periods in which the error occurred), or adjustment of leave credits or compensating time off by mutual agreement.

  • Caps salary or wage deductions at 25 percent of the employee's net disposable earnings, except when withheld from final separation payments.

  • Allows memoranda of understanding with employee unions to supersede these provisions, except those requiring fund expenditure must be approved by the Legislature in the annual Budget Act.

Legislative Description

State employees: overpayment.

Last Action

From Senate committee without further action.

11/30/2016

Committee Referrals

Public Employees and Retirement5/5/2016
Rules4/28/2016
Appropriations4/6/2016
Public Employees, Retirement and Social Security2/18/2016

Full Bill Text

No bill text available