BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1320
                                                                  Page  1

          Date of Hearing:   May 4, 2011

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL 
                                      SECURITY
                              Warren T. Furutani, Chair
                 AB 1320 (Allen) - As Introduced:  February 18, 2011
           
          SUBJECT  :   Public employees' retirement: employer contribution 
          rates.

           SUMMARY  :   Requires the establishment of Taxpayer Adverse Risk 
          Prevention (TARP) Accounts in both the California Public 
          Employees' Retirement System (CalPERS) and in retirement systems 
          established under the County Employees Retirement Act of 1937 
          ('37 Act) for the purpose of stabilizing public employer 
          contributions to the retirement systems.  Specifically,  this 
          bill  :  

          1)Requires that CalPERS and the twenty '37 Act county retirement 
            systems establish TARP Accounts for each participating 
            employer.

          2)Specifies that the TARP Accounts will be part of the 
            employer's account but will not be used when determining the 
            employer's contribution rate.

          3)Requires deposits into the TARP Accounts to be made from the 
            employer's contributions when the actuarial value of assets 
            exceeds the present value of benefits.

          4)Specifies that the assets in the TARP Accounts will be drawn 
            upon to pay a portion of the employer contribution when the 
            employer contribution rate is greater than the normal cost of 
            benefits.

          5)Provides that once the assets in the TARP Account exceed 50% 
            of the employer's assets, excluding the TARP Account assets, 
            the employer contribution may be reduced to an amount less 
            than 100% of the normal cost, as determined by the system 
            actuary.

          6)Specifies that funds in the TARP Account may be used by 
            employers to pay all or part of the employee contribution or 
            for retiree health care, as specified.









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          7)Specifies that the funds in the TARP Accounts are to be 
            invested in the same manner as other funds in the retirement 
            system.

           EXISTING LAW  :  Generally, retirement benefits are funded through 
          contributions paid by employers, member contributions, and 
          earnings from investments.  Employee contribution rates are 
          usually a fixed percentage of salary while employer contribution 
          rates are determined by periodic "actuarial valuations" and, 
          therefore, subject to fluctuation. The actuarial valuations are 
          based on the benefit formulas the employer provides and the 
          employee groups covered.  

          Existing CalPERS and '37 Act laws provide for small reserves 
          against deficiencies; the CalPERS law permits the reserve to be 
          0.20% of assets, and the '37 Act law permits the reserve to be 
          not more than 1% of assets.  The systems are permitted to use 
          the reserves against deficiencies in interest earned, losses 
          under investments, court-mandated costs and specified actuarial 
          losses.

          Existing constitutional provisions, added by Proposition 162 of 
          1992, require that the public retirement system boards of 
          administration in California have plenary authority to determine 
          the rates of contributions necessary to properly fund the 
          respective retirement systems.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the sponsor, the California 
          Professional Firefighters, "When investment earnings on 
          retirement system assets are high, employer contribution rates 
          can be reduced.  In some cases, such as during the upswing 
          market periods of the 1990's, employers were granted 
          contribution 'holidays', wherein their contribution to the 
          system was $0.00.  Conversely, when investment earnings are low, 
          employer contribution rates are increased, and in a bad economy, 
          such as the latest Great Recession, employer contributions to 
          their retirement systems can increase significantly.

          "Despite their modest pensions and years of dedicated public 
          service, California public employees are doing their fair share 
          to help strengthen and stabilize our state's public pension 
          systems. Across California, dozens of employee organizations 
          have successfully negotiated changes to their retirements, which 








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          improve the sustainability of their funds. At the state level, 
          bargaining units have voluntarily limited future retirement 
          costs and agreed to contribute more of their own money to the 
          fund."

          According to a recent study by Fitch Ratings, "The main driver 
          of the current level of pension funding pressure is market 
          losses in late 2008 and early 2009, which represent a major 
          setback toward prefunding of retirement obligations."  
          Consequently, the sponsor believes there is a need to further 
          help minimize the impact of the market losses on the funding 
          status of the CalPERS and '37 Act county retirement plans, 
          specifically to help mitigate the volatility in the employer 
          contributions, as well as the average future employer 
          contribution going forward.

          The sponsor concludes, "AB 1320 requires that the employer 
          contribution meets or exceeds the normal cost of benefits 
          (without accounting for market losses or gains). So, when market 
          performance generates enough surplus in the TARP account, the 
          employer contribution rate is incrementally reduced.  
          Conversely, the funds in the TARP account will be used when 
          market declines require an employer contribution that is greater 
          than the normal cost.  By ensuring that CalPERS and the '37 Act 
          county retirement systems establish TARP accounts for each 
          participating employer, AB 1320 will ultimately safeguard 
          against any sudden increases in employer contribution rates, 
          thereby providing budgeting stability and sustainability."













           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








                                                                  AB 1320
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          California Professional Firefighters (Sponsor)
          California Labor Federation
          California Public Defenders Association
          Laborers' Locals 777 & 792
          San Diego County Court employees Association 

           Opposition 
          
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957