BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1042|
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                                 THIRD READING


          Bill No:  AB 1042
          Author:   Allen (D)
          Amended:  3/31/11 in Assembly
          Vote:     21

           
           SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE  :  5-0, 6/13/11
          AYES:  Negrete McLeod, Walters, Gaines, Padilla, Vargas

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 8/25/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg

           ASSEMBLY FLOOR  :  72-0, 5/12/11 - See last page for vote


           SUBJECT  :    Public employees retirement

           SOURCE  :     California Public Employees Retirement System


           DIGEST  :    This bill requires the California Public 
          Employees Retirement System Board of Administration to 
          appoint and set the compensation of a chief financial 
          officer.

           ANALYSIS  :    

          Existing law:

          1.  Requires the California Public Employees' Retirement 
             System (CalPERS) Board of Administration (Board) to 
             appoint and establish compensation for the system's 
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             chief executive officer, a general counsel, a chief 
             actuary, a chief investment officer, and other 
             investment officers and portfolio managers whose 
             positions are designated managerial.

          2. States that the compensation level for these positions 
             are to be comparable to other public retirement systems 
             and financial services companies and, when these 
             positions are filled through a general civil service 
             appointment, that the candidates be selected from an 
             eligible list based on an open examination.

          3. States that except for the executive officers of both 
             CalPERS and the California State Teachers' Retirement 
             System, these positions are subject to a modified civil 
             service selection process, and the boards are able to 
             take action against these personnel for causes related 
             to their fiduciary duty, including the failure to meet 
             specified performance objectives.

          4. Prohibits individuals employed in these positions for 
             less than five years from being paid to influence the 
             actions of the retirement system, or decisions of its 
             governing board for two years following the end of their 
             employment with the retirement system.

          This bill:

          1. Maintains existing provisions and requirements regarding 
             the Board's authority to appoint and set the 
             compensation of specified employees, and

          2. Requires the CalPERS Board to appoint and set the 
             compensation of a chief financial officer (CFO).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                         Fiscal Impact (in thousands)

           Major Provisions      2011-12     2012-13     2013-14     Fund  


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          Salary/benefits     ----unknown, likely over 
          $150----Special*                        
                    
          *Public Employees Retirement Fund

           SUPPORT  :   (Verified  8/26/11)

          California Public Employees' Retirement System (source)

           ARGUMENTS IN SUPPORT  :    According to the author:

            "CalPERS recently undertook a comprehensive evaluation of 
            its organizational structure and identified a need for a 
            new CFO position that reports to the Chief Executive 
            Officer.  Giving CalPERS the authority to set the salary 
            of the new CFO will enable hiring of an individual with 
            the necessary investment finance experience needed to 
            coordinate with the Chief Actuary and the Chief 
            Investment Officer."

          According to the sponsor, CalPERS:

            "As recently proposed under the new CalPERS organization 
            structure, the CFO will oversee corporate finance and 
            coordinate other finance functions throughout the 
            organization to create a single point of financial 
            accountability.  Establishing such a position and hiring 
            a high caliber, experienced individual is a critical step 
            in achieving a higher level of transparency and tighter 
            internal controls in our financial operations.  It is 
            anticipated that the cost of establishing such a position 
            with a competitive salary will be offset by the 
            anticipated savings generated by a higher standard of 
            organizational financial accountability."

           ASSEMBLY FLOOR  :  72-0, 5/12/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Jones, Lara, Bonnie Lowenthal, Ma, 

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            Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Silva, Skinner, Smyth, Solorio, Swanson, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Cedillo, Conway, Garrick, Gorell, 
            Knight, Logue, Portantino, Torres

          CPM:kc  8/26/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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