BILL ANALYSIS Ó
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 807
Gloria Negrete McLeod, Chair Hearing date: June 27, 2011
SB 807 (Correa and Lieu) 6/13/11 FISCAL: YES
STATE EMPLOYEES: COMPENSATION EARNABLE
HISTORY :
Sponsor: Author
Prior legislation: SB 27 (Simitian), 2011
in Assembly PER&SS Committee
SUMMARY :
SB 807 specifies that any travel expense or housing allowance
paid to a state employee may not be included in compensation
earnable for the purpose of calculating a pension. This is
an URGENCY BILL .
BACKGROUND AND ANALYSIS :
1) Existing law :
a) establishes the California Public Employees' Retirement
System (CalPERS), which provides retirement benefits for
state employees based on employees' years of service, age
at retirement, and final compensation (highest paid
"compensation earnable" during a consecutive 12 or 36
month period of employment).
b) defines "compensation earnable" as consisting of
payrate and special compensation, and specifies which
items of compensation paid by an employer may be included
in either payrate or special compensation for the purpose
of determining a pension, and likewise prohibits certain
compensation items from being pensionable.
c) allows the state employer, through laws and collective
bargaining agreements, to pay differentials, bonuses,
overtime, leave pay, and other forms of compensation in
Pamela Schneider
Date: 6/20/11 Page 1
addition to base pay and requires that the state identify
which items of special compensation may be included in
compensation earnable for the purposes of determining a
pension.
d) gives CalPERS the authority to exclude from
compensation earnable any pay differential or form of
special compensation that does not meet specified
criteria for being pensionable, even if formerly approved
by the state employer.
e) grants CalPERS the authority to correct any incorrect
pay reporting if discovered and to adjust a pension to
reflect an accurate compensation earnable calculation.
2) This bill :
a) amends the law specifying which forms of pay for a
state employee may be pensionable to specifically exclude
any travel expenses or housing allowances.
b) this is an URGENCY BILL .
COMMENTS :
1) Argument in Support
According to the author,
The Senate Veterans Affairs Committee has uncovered
several dishonest pay practices in regard to Military
Department employees, and some of these practices may be
being used to pad pensions.
Specifically, there is currently some confusion as to
whether or not the Department of Personnel
Administration (DPA) or CalPERS has jurisdiction over
determining which forms of pay are pensionable with
regard to Military Department employees, who are
sometimes dually employed by both the State and the US
Army, and may have confusing pay records.
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Date: 6/20/11 Page 2
There is a concern that employees of the Military
Department are claiming homes in San Diego, Nevada, and
Texas for Sacramento-based jobs, and collecting travel
and housing allowances, which are being included in
compensation earnable and are thus pensionable.
One such individual purportedly gained approximately
$10,000 in annual compensation due to such an
arrangement.
Both CalPERS and DPA state that they are currently
auditing their programs to determine the extent to which
any abuse or incorrect reporting has occurred.
2) OPPOSITION :
None to date
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Pamela Schneider
Date: 6/20/11 Page 3