BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 2510
          Lou Correa, Chair            Hearing date:  June 23, 2010
          AB 2510 (Fletcher)    as amended  4/27/10    FISCAL:  YES

           PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT:  NEW CONTRACT  
          OPTION FOR CITY OF SAN DIEGO
           
           HISTORY  :            

              Sponsor:  City of San Diego

              Prior legislation:  AB 1506 (Kuehl),
                         Chapter 326, Statutes of 1995
                        AB 468 (Hayashi),
                                      Chapter 320, Statutes of 2009

           ASSEMBLY VOTES  :

              PER & SS             6-0       4/21/10
              Appropriations       16-0      5/12/10
              Assembly Floor       71-0      5/24/10
           
          SUMMARY  : 

          Would allow the City of San Diego to contract under the  
          Public Employees Medical and Hospital Care Act (PEMHCA),  
          administered by the California Public Employees' Retirement  
          System (CalPERS), for a retiree health care vesting schedule  
          that is not currently available in law.  This new schedule  
          would be subject to, and dependent upon, a memorandum of  
          understanding (MOU) between the city of San Diego and the  
          affected San Diego employees' exclusive representative.

           BACKGROUND AND ANALYSIS  : 
          
          1)    Existing law  :

             a)   establishes PEMHCA, administered by CalPERS, to  
               provide health coverage for employees and annuitants of  
               the State, California State University, and contracting  
               local agencies and schools. 

            b)   establishes several coverage options for contracting  
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          Date:  6/16/10                                         Page 1  










          local agencies:

               i)   The employer contribution amount is equal for both  
                 active employees and annuitants.  Under this option,  
                 eligible annuitants receive an employer contribution  
                 amount equal to what the active employees receive.   
                 The employer contribution may be no less than  
                 approximately $100 per month but may be higher.


            ii)     The employer contribution is less for annuitants  
                 than for active employees.  This option is available  
                 for agencies that contracted for PEMHCA after January  
                 1, 1986.  Under this option, the employer increases  
                 its contribution amount for annuitants each year until  
                 that amount is equal to the employer's contribution  
                 for active employees.  The law requires that annual  
                 increases must be enough so that the contribution for  
                 retirees is equal to the contribution for active  
                 members within 20 years. 

               iii)  The employer's contribution is based on a vesting  
                  schedule.  Under this option, the retiree benefit is  
                  determined by a pre-set "vesting schedule" of  
                  specific percentages based on the retiree's credited  
                  years of service earned while employed. 

                      The basic vesting schedule requires an annuitant  
                  to have worked at least 10 years in public employment  
                  to qualify for an employer contribution equal to 50%  
                  of that paid for active employees, increasing 5% per  
                  year until, after 20 years of service, the annuitant  
                  is eligible for 100% of the employer contribution for  
                  active members.  At least 5 years of the credited  
                  service must have been worked for the employer  
                  providing the annuitant health coverage.  Under this  
                  plan, the annuitant's dependent is eligible for  
                  coverage of 90% of whatever amount the annuitant  
                  receives.

                       There have been variations on this model  
                  legislated in recent years, including an option for  
                  schools to collectively bargain a vesting schedule  
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          Date:  6/16/10                                         Page 2  










                  based on no less than 5 years of credited service; a  
                  vesting schedule specific to North Orange County  
                  Community College District and Riverside County  
                  Superintendent of Schools that pays nothing until the  
                  employee has 15 years of service, and 100%  
                  thereafter; and a vesting schedule specific to  
                  Alameda County Transportation Improvement Authority  
                  that provides 50% after 5 years and increases to 100%  
                  after 15 years.
           
            (c)    allows an annuitant who does not receive employer  
                 paid health care to pay for his or
                  her own premiums and premiums of eligible dependents.  


              2)   This bill  :

            a) allows the City of San Diego and members of the San  
               Diego Police Officers Association to agree in a MOU to  
               an employer contribution for retiree health coverage  
               based on a specific number of credited years of service,  
               which may not be less than 10 years of service with the  
               City of San Diego.

            b) requires that the MOU may not be subject to impasse  
               procedures.

            c) specifies that this law may not be applicable to anyone  
               who retires prior to the MOU effective date.

            d) allows the City of San Diego to agree with unclassified  
               or unrepresented employees to provide this level of  
               coverage for that group also.

            e) requires the City of San Diego to provide CalPERS with  
               notification of any such agreement and any additional  
               information needed to implement the agreement.

           FISCAL  :  

           According to the Assembly Appropriations analysis, the bill  
          is cost neutral for CalPERS, and could save money for the  
          City of San Diego to the extent that CalPERS can negotiate  
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          Date:  6/16/10                                         Page 3  










          lower rates for its larger participant pool and lower  
          administrative costs as compared to what San Diego is  
          currently paying.
           
          COMMENTS  :

          1)   Why doesn't San Diego contract for one of the existing  
          PEMHCA options  ?

          According to the City of San Diego, the sponsor of  this bill  :

            The City of San Diego currently provides healthcare to its  
            employees and retired annuitants through its own local  
            system.  The city pays for the health premiums of employees  
            and their dependents, but only covers the healthcare costs  
            of the retired annuitants.  Retirees must cover the costs  
            of any dependents they wish to cover.

            Thus, no PEMPHCA option for contracting agencies fits San  
            Diego's current model, since the basic option that includes  
            a vesting schedule requires employer coverage of  
            annuitants' dependents.
             
             The author concludes that the provision in current law that  
            requires a local agency electing to participate in PEMHCA  
            to provide at least 90% of the cost of dependent coverage  
            is cost prohibitive to many local agencies, including the  
            City of San Diego.  This bill would allow the City of San  
            Diego to participate in PEMHCA without having to provide  
            contributions for dependents of retired annuitants.

            According to information provided to the committee, the San  
            Diego Police Officers Association and the City of San Diego  
            recently agreed, through collective bargaining, to  
            participate in PEMHCA if the change proposed in this bill  
            is signed into law.

          2)   Arguments in Support  

          The San Diego Police Officers Association states that AB 2510  
          will improve officers' health care options while  
          simultaneously reducing costs for the city.

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          Date:  6/16/10                                         Page 4  


















          3)   SUPPORT  :

               City of San Diego (Sponsor)
               Peace Officers Research Association of California  
          (PORAC)
               San Diego Police Officers Association

          4)   OPPOSITION  :

               None to date




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          Pamela Schneider
          Date:  6/16/10                                         Page 5