§ 7522.05. — 7522.05. (Amended by Stats. 2025, Ch. 756, Sec. 2.)

(a)
A joint powers authority formed on or after January 1, 2013, and formed pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), where at least one member agency provided benefits on or before December 31, 2012, as described in subdivision (c) of Section 7522.02, may provide employees of that joint powers authority the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power where that employee was not a new member with that employer and subsequently is employed by the joint powers authority within 180 days of the member agency providing for the exercise of a common power or, if the member agency is a
nonfounding member of the joint powers authority, within 180 days of the agency becoming a member agency.
(b)
The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, hired by that joint powers authority from the requirements of the Public Employees’ Pension Reform Act of 2013. New members may only participate in a defined benefit plan or formula that conforms to the requirements of the Public Employees’ Pension Reform Act of 2013.
(c)
A joint powers authority shall obtain approval from a retirement system pursuant to procedures prescribed by the retirement system prior to adding a new employer to the joint powers authority and enrolling any of its employees into membership.

Legislative History

Amended by Stats. 2025, Ch. 756, Sec. 2. (SB 443) Effective January 1, 2026.