BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1354
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1354 (Fong)
          As Amended  June 24, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |73-0 |(May 14, 2009)  |SENATE: |33-0 |(August 2,     |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    P.E.,R. & S.S.  

           SUMMARY  :   Brings 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 provisions of the federal Internal Revenue Code  
          (IRC).   

           The Senate amendments  add the following provisions to the bill:

          1)Specify that the survivors of an employee who dies while on  
            active military duty will 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.

          2)Specify that the above death benefits will not include benefit  
            accruals occurring during the period of military service, but  
            that the military service time will be credited for purposes  
            of vesting.

          3)Clarify that this provision is effective for deaths occurring  
            on or after January 1, 2007, the effective date of the federal  
            Heroes Earnings Assistance and Relief Tax Act (HEART Act).

           EXISTING FEDERAL LAW  , as contained in 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.

           EXISTING STATE LAW  :

          1)Requires the board of retirement of a '37 Act retirement  








                                                                  AB 1354
                                                                  Page  2

            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.  Those adjustments include, but are not limited to,  
            cost-of-living adjustments, cost-of-living banks, temporary  
            annuities, or survivor continuance benefits. 

          2)Provides death benefits for active employees who die 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.


           AS PASSED BY THE ASSEMBLY,  prohibited the amount payable,  
          including cost-of-living adjustments, to a member of a county  
          retirement system being operated under the '37 Act from  
          exceeding the IRC Section 415 limits, as specified, and  
          specifies that adjustments to the IRC Section 415 limits  
          continue to apply after a member's severance from employment or  
          annuity starting date.

           FISCAL EFFECT  :   None

           COMMENTS  :   According to the author, the State Association of  
          County Retirement Systems is in the process of reviewing the '37  
          Act body of law for areas where the '37 Act may not comply  
          precisely with the IRC or Internal Revenue Service (IRS)  
          regulations.  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.


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


                                                               FN: 0005114