BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1139
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          SENATE THIRD READING
          SB 1139 (Correa)
          As Amended  August 9, 2010
          Majority vote

           SENATE VOTE  :   35-0
           
           PUBLIC EMPLOYEES    6-0         APPROPRIATIONS          12-5    
           
           ----------------------------------------------------------------- 
          |Ayes:|Torrico, Harkey,          |Ayes:|Fuentes, Bradford,        |
          |     |Furutani, Hernandez, Ma,  |     |Huffman, Coto, Davis, De  |
          |     |Nestande                  |     |Leon, Gatto, Hall,        |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Makes several minor or technical amendments to various  
          sections of the Government Code administered by the California  
          Public Employees' Retirement System (CalPERS) that are necessary  
          for the continued efficient administration of the system.   
          Specifically,  this bill  :

          1)Changes the month in which the Purchasing Power Protection  
            Adjustment (PPPA) is assessed from January to May in order to  
            coordinate the timing of the adjustment with the  
            cost-of-living allowance (COLA).

          2)Requires that state employees, managers and appointed  
            officials subject to mandatory furloughs by their appointing  
            authority in fiscal year (FY) 2010-11 receive the CalPERS  
            retirement service credit they would have received had they  
            not been furloughed.

          3)Clarifies that a judge may leave office without retiring and  
            still maintain health benefits under the conditions currently  
            specified in the Judges Retirement System II Law (JRS II).

          4)Changes references in existing law from "deferred  
            compensation" to "tax-preferred retirement savings," thereby  
            expanding the types of retirement savings programs the CalPERS  








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            Board of Administration (Board) may establish to include those  
            with after-tax payments.

          5)Allows a public agency that contracts with CalPERS for health  
            care coverage to elect, as a contract option, to provide  
            health care coverage to eligible survivors who are not  
            receiving a survivor allowance but were receiving health care  
            coverage from the agency prior to them contracting with  
            CalPERS.

          6)Changes the accounting treatment of CalPERS' headquarters  
            facilities to conform to changes in government accounting  
            standards, and removes certain limitations on contracts with  
            accounting firms for purposes of auditing CalPERS' financial  
            statements.

          7)Establishes a list of eligible survivors to the Peace Officers  
            and Firefighters (POFF) Supplemental plan statutes in the  
            absence of a participant's designation.

          8)Provides conformity with federal healthcare reform  
            legislation.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)CalPERS indicates that the impact of the bill on its  
            administrative costs would be minor and absorbable.

          2)The provision affecting service credit calculations during  
            furloughs will have an unknown, probably minor, impact on  
            future pension liabilities.  The exact magnitude depends on  
            the length of furloughs and the number of workers that are  
            affected.

           COMMENTS  :  The following information regarding this bill has  
          been provided by CalPERS:

          1)Coordinate timing of annual COLA and PPPA adjustments:   
            CalPERS pays two types of benefits to retirees to ensure that  
            retirement allowances maintain purchasing power despite  
            inflation: the PPPA and the COLA.  Many factors affect these  
            benefits, including retirement year, membership type, and  
            former employer's contract provisions.









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          The COLA benefit is an annual cost-of-living increase that  
            begins in the second calendar year after retirement and is  
            adjusted each May after that.  The PPPA is an added protection  
            against inflation for those members whose benefits fall below  
            a specified percent of their original purchasing power based  
            on the Consumer Price Index for all cities.  Unlike the COLA,  
            there is no specific timetable for when a retiree can become  
            eligible for the PPPA.  The PPPA adjustment occurs in January  
            of each year for eligible retirees.

          SB 1139 conforms the annual COLA adjustment and the PPPA in the  
            same month each year.  In the first year of implementation,  
            the PPPA adjustments will be deferred from January to May to  
            synchronize the two benefits, with retroactive application to  
            January to adjust for the delay.  Implementation must be  
            deferred to January 1, 2012, so that required automation  
            changes can be developed, built, and tested after CalPERS' new  
            automation system is installed and operating.

          2)Furloughed state employees:  Under existing law, a full-time  
            member that accrues at least 10 months of service will still  
            earn a full year of retirement service credit.  However, under  
            three day per month furloughs, part-time CalPERS members, and  
            those full-time members hired or retired mid-year that are  
            unable to reach the 10-month threshold, will experience a  
            reduction in the overall amount of service credit accrued.   
            The language in this bill would amend the Public Employees'  
            Retirement Law to ensure that all state employees subject to a  
            2010-2011 Executive order requiring mandatory furloughs  
            receive the retirement benefits they otherwise would have  
            received had the furloughs not been in effect.

          Making certain that furloughed state employees receive the  
            retirement benefits they would have received absent a furlough  
            is consistent with previous chaptered legislation that  
            protected state employees subject to mandatory furloughs in  
            FYs 2008-2009 and 2009-2010 either through an Executive Order,  
            or the order of a state employer not subject to the Governor's  
            authority (such as California State University, the  
            Legislature and State Courts).  Extending this protection to  
            FY 2010-2011 will ensure that all active state members of  
            CalPERS that are subject to furloughs are treated equitably,  
            and that the disability and retirement benefits they must rely  
            upon for income once they leave state service are not reduced  
            by another temporary furlough order.








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          3)Health benefits for judges that leave office early:  The JRS  
            II was established in 1994 to create a fully funded,  
            actuarially-sound retirement system for Supreme and Appellate  
            Court justices, Superior Court judges, and Municipal Court  
            judges appointed or elected on or after November 9, 1994.  As  
            of September 2009, it includes 1130 active members and 17  
            retirees.

          The JRS II offers a combination of two basic types of retirement  
            benefits:  a defined benefit plan and a monetary credit plan.   
            The defined benefit plan provides a lifetime monthly benefit  
            of up to 75% of final annual salary (percentage is based on  
            age at retirement and years of service).  The monetary credit  
            plan allows for a refund of member contributions, a portion of  
            the employer contributions, and interest.  Lifetime benefits  
            are not provided under the monetary credit plan.  

          Under JRS II, a judge is eligible to retire upon attaining both  
            age 65 and 20 or more years of service, or upon attaining age  
            70  with a minimum of five years of service.  It also includes  
            early retirement provisions that outline retirement benefits  
            for a judge who "leaves judicial office" after specified  
            numbers of years.  The Public Employees Medical Hospital Care  
            Act (PEMHCA) outlines access to CalPERS health benefits after  
            "retirement" pursuant to JRS II.

          Currently, statutes in PEMHCA and JRS II use different  
            terminology to describe a judge who leaves office after  
            accruing five or more years of service and becomes eligible to  
            receive JRS II benefits.  JRS II specifies the retirement  
            benefits of "a judge who leaves judicial office after accruing  
            five or more years of service."  PEMHCA outlines the health  
            benefits of a judge who "retires."  SB 1139 would change the  
            language in PEMHCA from "retires" to "leaves judicial office"  
            to align it with the language in JRS II and eliminate any  
            ambiguity between the two statutes. 

          4)The CalPERS Supplemental Income Program:  SB 2026 (Craven),  
            Chapter 1659, Statutes of 1990, authorizes CalPERS to  
            establish a deferred compensation program for CalPERS members,  
            and created the Public Employees' Deferred Compensation Fund  
            under the exclusive control of the CalPERS Board of  
            Administration.  The statute granted broad authority for  
            CalPERS to offer a 457 plan, 403(b) plan, or any other form of  








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            deferred compensation arrangement authorized by the Internal  
            Revenue Code and approved by the CalPERS Board.  The program  
            is self-funded through fees assessed against participating  
            employees and/or contracting employers and invested and  
            administered in a series of accounts established within the  
            Public Employees' Deferred Compensation Fund.  

          Several changes in federal and state law have occurred since  
            enactment of the enabling statutes authorizing establishment  
            of the CalPERS Deferred Compensation Program in 1991.  The  
            enabling statutes for CalPERS' deferred compensation program  
            predate many of these changes, including the imposition of  
            governmental plan trust requirements for 457(b) plans, and the  
            creation of certain forms and features of deferred  
            compensation arrangements now authorized under federal law,  
            including ROTH-type and other after-tax or non-traditional  
            deferred compensation savings arrangements.

          By allowing the program to offer any form of after-tax  
            retirement savings arrangement, the enabling statutes provided  
            fairly broad authority.  However, it has been 15 years since  
            they were amended, and so, existing law does not necessarily  
            reflect the full range and scope of the subsequent changes to  
            federal tax law.  Therefore, this bill allows CalPERS to  
            expand the tax-preferred retirement savings arrangements and  
            make technical and conforming changes to its deferred  
            compensation program statutes.

          5)The Los Angeles Community College District (LACCD) contracted  
            with CalPERS for health benefit coverage, effective January 1,  
            2010.  LACCD's long-standing policy and agreement with their  
            members is to provide employer-paid lifetime health benefits  
            coverage to their retirees, and the surviving spouse or  
            domestic partner of the retiree, once vesting criteria is met.  
             Under PEMHCA, surviving family members must receive a monthly  
            survivor allowance to meet the definition of annuitant.  This  
            bill would allow employers that are electing to be subject to  
            PEMHCA a means to provide survivors of annuitants without an  
            allowance the ability to receive health coverage through a  
            contract option.

          6)Headquarters accounting:  Existing law requires the Board to  
            establish a building account for the transfer of money from  
            the retirement fund for the cost of the acquisition of real  
            property and the construction, maintenance, and improvement of  








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            CalPERS facilities.  It also specifies that the headquarters  
            land, building, etc. must constitute an investment in the  
            retirement fund and carried on the books in accordance with  
            generally accepted accounting practices (GAAP).

          Approximately 10 years ago, CalPERS adopted Governmental  
            Accounting Standards Board (GASB) Statement No. 25, which  
            required a change in the accounting treatment and financial  
            reporting of the CalPERS Headquarter Building Account from an  
            investment asset to property, plant, and equipment used in  
            operations.  CalPERS staff and external auditors determined  
            that recognition of the Headquarters Building as an investment  
            asset does not conform to GASB 25.  This provision would  
            resolve inconsistencies between existing law and CalPERS  
            practice.

          7)Statutory survivors:  Unlike CalPERS' pension plans, the POFF  
            program has no statutory listing of survivors eligible to  
            receive payment upon the death of a participating member when  
            the member has not designated a beneficiary.  SB 1139 would  
            add such a statutory list, based on the statutes provided in  
            California probate code.

          8)Definition of family member:  The term "family member" as it  
            applies to health care coverage under the PEMHCA, has always  
            included unmarried children as eligible dependents.  With the  
            passage of the federal healthcare reform bill, all children  
            under age 26 must be covered, not simply those who are  
            unmarried.  This bill would conform state statute to federal  
            law.


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


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