BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1987
                                                                  Page  1

          Date of Hearing:   April 21, 2010

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                               Alberto Torrico, Chair
                      AB 1987 (Ma) - As Amended:  April 15, 2010
           
          SUBJECT  :   Public retirement: final compensation: computation:  
          retirees.

           SUMMARY  :   Establishes minimum requirements that all public  
          retirement systems must be operated in accordance with including  
          specifying what may be used in determining an employee's final  
          compensation, requiring the establishment of an ongoing audit  
          process with penalties for noncompliance, and prohibiting, for a  
          period of at least 180 days, a retiree from returning to  
          employment with the public employer on a part-time or contract  
          basis.  Specifically,  this bill  :  

          1)Makes various findings and declarations regarding the  
            manipulation of retirement benefits, including pension  
            spiking, and the duties of the retirement systems to employ  
            sound and equitable principles of oversight and the treatment  
            of compensation.

          2)Requires each retirement system to establish accountability  
            provisions for participating employers that include an ongoing  
            audit process and penalty provisions for noncompliance.

          3)Authorizes a retirement system to not include in retirement  
            calculations any compensation they determine was paid for the  
            principal purpose of enhancing a member's retirement benefit.

          4)Limits cash conversions of accrued employee benefits, as  
            specified, and prohibits final settlement or termination pay  
            from being included in retirement calculations.

          5)Prohibits a retiree from returning to work as a retired  
            annuitant or as a contract employee for a period of 180 days  
            after retirement.  This requirement will apply to anyone  
            retiring on and after January 1, 2011.

          6)Limits the compensation used in retirement calculations for  
            members who are not in a group or class to the average  
            increase in compensation received during the final  








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            compensation period and the proceeding two years by employees  
            in the same or related group as the member.

          7)Specifies that all other provisions of the bill become  
            operative for all active and future members of the retirement  
            system beginning July 1, 2011.

          8)Specifies that this bill will not become operative unless SB  
            1425 (Simitian) of this year is also enacted. 

           EXISTING LAW  :

          1)Authorizes over 40 public retirement systems for the State's  
            public employees, including CalPERS; CalSTRS; the 20 counties  
            operating retirement systems under the County Employees'  
            Retirement Law of 1937 ('37 Act); and independent public  
            retirement systems, mostly for cities and special districts.   
            These systems provide defined benefit retirement allowances  
            based on employees' years of service, age at retirement, and  
            final compensation (highest paid 12 or 36 months of  
            employment).

          2)Through laws, rules, local ordinances, and collective  
            bargaining agreements allows public employers to pay  
            differentials, bonuses, overtime, separation pay, holiday pay,  
            and other forms of compensation in addition to base pay and  
            require that participating employers accurately and timely  
            report to the retirement boards the amount of compensation  
            paid to employees, including special forms of pay, changes in  
            employment status, leaves, and other factors that impact  
            compensation.

          3)Allows a retired public employee or teacher to return to  
            public employment with an employer covered by the retirement  
            system he or she retired from on a part-time basis, as  
            specified.  An employee who exceeds the limited time base or  
            earnings, as specified, may be subject to reinstatement into  
            the retirement system and reduction or cessation of his or her  
            retirement allowance or earnings.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, "Sensible reforms will  
          prevent abuse, level the playing field and protect taxpayers.   
          Retirement systems have a duty to protect the health of their  








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          retirement system for the public employers and for the public  
          employees who depend on a secure and adequate retirement. And  
          the Legislature has a duty to taxpayers to guard against abuses  
          that threaten the health of the system by making sure that  
          resources are used fairly and equitably.

          "AB 1987 attacks abusive practices, preventing a few individuals  
          from putting retirement at risk for the vast majority of honest,  
          hard-working public servants, and gives retirement systems the  
          tools to keep their assets safe and secure.  Specifically, this  
          bill would place the following restrictions and responsibilities  
          on all public retirement systems in California:

                 All retirement boards will have the same power to deny  
               intentionally spiked or manipulated pension payments to  
               those few who claim them. Employees and employers would  
               have to prove that the pension increase was justified.

                 Employees will no longer be able to accrue years of  
               vacation time and cash it all in at the end of their work  
               to increase the base on which their pensions are  
               calculated. The only thing that can be counted will be what  
               an employee earns within a single year.

                 Large severance or settlement pay for an employee headed  
               out the door to retirement will no longer be allowed to be  
               factored in towards pensions.  Additionally, pay raises for  
               a single individual, such as a city manager, or Fire Chief,  
               can't be counted unless others get similar raises.

                 Double-dipping will be addressed by prohibiting a newly  
               retired individual from returning to work without  
               re-instating and suspending their retirement allowance, for  
               an employer covered by the retirement system they retired  
               from, for at least six months, even if they attempt to come  
               back as an independent contractor.

                 State and local retirement systems will be required to  
               establish accountability provisions that include regular  
               audits and impose penalties for inaccurate or misleading  
               information provided by employers or employees.

                 Provides retirement systems with the ability to  
               recalculate and reduce retirement allowances if they  
               determine that someone's reported salary, and the benefit  








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               calculated based on that salary, has been intentionally  
               spiked."

          Those organizations adopting an "oppose unless amended" position  
          on the bill have raised objections to requiring a 180 day break  
          in service between the date a person retires and the date he or  
          she may return to work as a paid retiree.  The Judicial Council  
          of California states that this prohibition would "?disrupt court  
          calendars and increase the existing backlog in criminal and  
          civil cases." The California State Association of Counties  
          (CSAC) states that "a six-month wait for every retiree is overly  
          broad and is an inappropriate interference on a local public  
          employer's ability to choose the best candidate for a job and to  
          efficiently and effectively manage resources."  CSAC also  
          believes that a better way to address pension spiking abuses  
          would be to restrict final compensation earnable to base salary  
          or wage compensation only.

          SB 1425 (Simitian) is a companion measure to this bill and is  
          intended to strengthen anti-spiking provisions in the Teachers'  
          Retirement Law and the Public Employees' Retirement Law. 

           REGISTERED SUPPORT / OPPOSITION  :   

          Support 
           
          John Chiang, California State Controller (Sponsor)
          California Federation of Teachers
          Glendale City Employees Association
          Organization of SMUD Employees
          Peace Officers Research Association of California
          San Bernardino Public Employees Association
          San Luis Obispo County Employees Association
          Santa Rosa City Employees Association

           Opposition 
           
          California Association of School Business Officials (unless  
          amended)
          California State Association of Counties (unless amended)
          Judicial Council of California (unless amended)
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957