BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1987
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     AB 1987 (Ma) - As Amended:  April 29, 2010 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill places new standards and limitations on public  
          retirement systems in California with respect to final  
          compensation calculations, ongoing audits and penalties for  
          non-compliance, and prohibitions against retirees from  
          immediately returning to work on a part time or contract basis.  
          Specifically, the bill:

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

          2)Excludes cash conversions of accrued employee benefits from  
            being included in retirement calculations. 

          3)Prohibits final settlement or termination pay from being  
            included in retirement calculations.

          4)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 applies to anyone retiring  
            on and after January 1, 2011.

          5)Limits the increases in compensation that can be used in  
            retirement calculations by members during their final three  
            years preceding retirement to the average increases in  
            compensation received by similarly situated employees in the  
            same or closely comparable group. Promotions or routine merit  
            increases would not be affected by this provision.

          6)Authorizes a retirement system to not include in retirement  








                                                                  AB 1987
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            calculations any compensation they determine was paid for the  
            principal purpose of enhancing a member's retirement benefit.

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

           FISCAL EFFECT
           
          1)CalPERS indicates that costs associated with this bill would  
            be absorbable. It would incur minor costs to review special  
            compensation or other negotiated provisions before MOU's take  
            effect, offset by decreases in workload associated with making  
            such determinations at the time of individual members'  
            retirement. Also minor and probably absorbable costs for  
            programming changes associated with coding any newly approved  
            special compensation item.

          2)DPA indicates that a six month prohibition against returning  
            to work as a contract employee or annuitant may have an  
            adverse impact on the expertise and productivity of state  
            departments. However, it is not possible to quantify the  
            dollar impact of these effects. 

          3)Significant costs to local pension funds to administer the  
            provisions of this bill, not reimbursable.

           COMMENTS
           
           1)Purpose  . The bill is intended to address pension spiking and  
            other abuses that benefit relatively few at the expense of the  
            overall pension system. The author assert that the bill  
            "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."

           2)Background  . Existing law authorizes over 40 public retirement  
            systems in California, including CalPERS, CalSTRS, 20 counties  
            operating 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).









                                                                  AB 1987
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            Over the past several years, there have been numerous reported  
            instances of "pension spiking" whereby an employee is provided  
            a dramatic one year boost in pre-retirement compensation, or  
            cashes in large vacation and leave balances and is allowed to  
            use the one-time proceeds in the "final year" compensation  
            calculation. Some forms of these practices are restricted by  
            specific pension funds. For example, in 1994, the legislature  
            passed SB 53, (Chapter 1297/1994), which among other things  
            excludes cash outs of vacation or leave balances in "earnable  
            compensation" used for purposes of the retirement calculations  
            of state CalPERS members. However, there is no statewide law  
            governing these practices.

           3)Opposition.  Several organizations oppose the bill's provision  
            requiring a 180 day break in service between the date a person  
            retires and returns as a paid retiree. For example, the  
            Judicial Council of California claims this prohibition  
            disrupts court calendars and increases the existing backlog in  
            criminal and civil cases. The California State Association of  
            Counties states that the six month wait period is overly broad  
            and is an inappropriate interference on a local public  
            employer's ability to effectively manage.

           4)Contingent enactment  . The enactment of this bill is contingent  
            upon enactment of SB 1425 (Simitian), which strengthens  
            anti-spiking provisions in the Teachers' Retirement Law and  
            the Public Employees' Retirement Law.


           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081