BILL ANALYSIS                                                                                                                                                                                                    




          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 1354
          Lou Correa, Chair            Hearing date:  June 28, 2010
          AB 1354 (Fong)    as amended  6/24/10         FISCAL:  NO

           '37 ACT:  MAXIMUM PAYMENTS TO RETIREES PURSUANT TO INTERNAL  
          REVENUE CODE SECTION 415
           
           HISTORY  :

              Sponsor:  State Association of County Retirement Systems  
          (SACRS)

              Prior legislation:  AB 1739 of 2010 (Lieu),
                         Senate Appropriations Committee

           ASSEMBLY VOTES  :
          
              PER & SS             5-0       5/06/09
              Assembly Floor       73-0      5/14/09
           
          SUMMARY  :
          
          Would bring state laws governing the County Employees'  
          Retirement Law of 1937 ('37 Act) into conformity with federal  
          laws regarding public employees who die while serving on  
          active military duty, and make other clarifying changes to  
          bring the statutes into conformity with federal Internal  
          Revenue Code provisions.

           BACKGROUND AND ANALYSIS  :

          1)   Existing '37 Act law  :

            a)  requires the board of retirement of a '37 Act  
            retirement system to adjust the payment of benefits from  
            the system to members as necessary in order to maximize the  
            benefits available to members who are subject to the IRC  
            Section 415 limits;

            b)  provides that those adjustments include, but are not  
            limited to, cost-of-living adjustments, cost-of-living  
            banks, temporary annuities, or survivor continuance  
            benefits; and

             c)   provides death benefits for active employees who die  
          Pamela Schneider
          Date:  6/24/10                                         Page 1  








            prior to retirement and while in active service that are  
            based on factors such as years of service, and age and  
            compensation at the time of death. 

          2)   Existing federal law  :  

             The HEART Act, requires that the survivors of a public  
            employee who is killed while on active military service  
            must receive whatever benefits would have been paid had the  
            employee died from non-industrial causes while actively  
            employed.


          3)   This bill  :

               a)   prohibits the amount payable, including  
                 cost-of-living adjustments, to a member of a county  
                 retirement system being operated under the County  
                 Employees' Retirement Law of 1937 ('37 Act) from  
                 exceeding the Internal Revenue Code (IRC) Section 415  
                 limits, as specified;
                     
               b)  specifies that adjustments to the IRC Section 415  
                 limits continue to apply after a member's severance  
                 from employment or annuity starting date;

               c)  specifies that the survivors of an employee who dies  
                 while on active military duty shall receive the  
                 benefits that would have been due had the employee  
                 reinstated, following the military duty, into active  
                 service and then died from non-work related causes;

               d)     further specifies that the death benefits shall  
                 not include benefit accruals occurring during the  
                 period of military service, but that the military  
                 service time will be credited for purposes of vesting;  
                 and

               e)     clarifies that this provision is effective for  
                 deaths occurring on or after January 1, 2007, the  
                 effective date of the HEART Act.
           
          FISCAL  :

             Unknown.
          Pamela Schneider
          Date:  6/24/10                                         Page 2  









           COMMENTS  :

          1)   Arguments in Support  

          According to that author, SACRS is in the process of  
          reviewing the '37 Act body of law for areas where the '37 Act  
          may not comply precisely with the federal and Internal  
          Revenue Code laws.

           This bill  conforms to IRS rules for compliance with IRC  
          Section 415 distributions and conforms to the HEART Act with  
          regard to public employees who die while on leave to perform  
          active military duty.
          
          2)   SUPPORT  :

               State Association of County Retirement Systems (SACRS),  
          (Sponsor)     
               American Federation of State, County and Municipal  
          Employees (AFSCME), AFL-CIO      
               Association for Los Angeles Deputy Sheriffs (ALADS)
               Los Angeles Probation Officers' Union, AFSCME, Local 685  

               Orange County Professional Firefighters Association,  
          IAFF Local 3631

          3)   OPPOSITION  :
               
               None to date                                              
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          Pamela Schneider
          Date:  6/24/10                                         Page 3