BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 160
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 160 (Alejo) - As Amended:  April 11, 2013 

          Policy Committee:                              Local  
          GovernmentVote:5-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill excludes certain Taft-Hartley multiemployer retirement  
          plans, and retirement plans for public employees whose  
          collective bargaining rights are protected by provisions of the  
          Federal Transit Act, from the provisions of the Public  
          Employees' Pension Reform Act of 2013 (PEPRA), as specified.   
          Specifically, this bill:  

          1)Excludes the following retirement plans from the definition of  
            public retirement system,  as used in PEPRA:

             a)   Multiemployer plans authorized by the Taft-Hartley Act  
               if the employer participated in the plan prior to January  
               1, 2013 and the plan is regulated under the Employee  
               Retirement Income Security Act of 1974 (ERISA).

             b)   Retirement plans for public employees whose collective  
               bargaining rights are protected by provisions of the  
               Federal Transit Act if the United States Department of  
               Labor (DOL) has determined  PEPRA requirements are in  
               conflict with federal law.

          2)Creates an exception for multiemployer plans from the  
            provisions of PEPRA prohibiting an employer from offering  
            supplemental defined benefit plans after January 1, 2013,  
            provided the public employer participates pursuant to a  
            collective bargaining agreement or similar agreement.

           FISCAL EFFECT  

          1)Estimated administrative costs for CalPERS of approximately  








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            $100,000 for the first year to establish a new system for and  
            then process any transit worker members that are excluded from  
            PEPRA.  Annual costs annual costs of $90,000 thereafter to  
            process members excluded from PEPRA.

          2)If this bill indirectly reduces the anticipated savings from  
            PEPRA, it could result in cost pressure on the state to  
            improve CalPERS funding.  The greater direct impact from  
            possible reduced savings would be on the affected local  
            governments.  They are directly responsible for any increased  
            retirement benefits.

          3)If the author and supporters are correct that PEPRA  
            contradicts federal law, this bill would allow hundreds of  
            millions in federal transportation funding to flow to  
            California.



           COMMENTS  

           1)Purpose  .  According to the author, PEPRA reduces the  
            collective bargaining rights of public transit employees and  
            conflicts with federal law regarding protective arrangements  
            between transit unions and the State of California.  The  
            author notes, under the Federal Transit Act, affected labor  
            unions may challenge Federal transit funding for the state  
            upon a finding by the United States Department of Labor.   
            Since the passage of PEPRA, numerous objections have been  
            filed with the Department, and the author adds, the Department  
            must approve of all protective arrangements before releasing  
            Federal transit funds.  Consequently, according to the author,  
            the Department has refused to release any transit funds.  The  
            author argues failure to exempt from PEPRA any public  
            employees who have Federal Transit Act section 13(c) rights  
            could result in a loss of over $1 billion in annual transit  
            funding.  

           2)Support.   Supporters, composed of transit worker unions, state  
            AB 160 is not an effort to undermine PEPRA.  They argue when  
            PEPRA was enacted, the Legislature was simply not aware of  
            these federal preemption questions.  They note enacting these  
            exemptions is similar to the Legislature exempting charter  
            cities and the University of California for constitutional  
            reasons when it passed AB 340.  Supporters conclude in order  








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            to save state and local governments from losing hundreds of  
            millions in federal funding and avoiding costly pension  
            withdrawal liability, AB 160 should be enacted.

           3)Background  .  The Employee Retirement Income Security Act of  
            1974 (ERISA) provides a comprehensive federal scheme for the  
            regulation of employee pension and welfare benefit plans  
            offered by private-sector employers.  ERISA allows  
            multiemployer pension plans which cover workers from more than  
            one employer.  Multiemployer pension plans have a specific  
            definition under the Labor Management Relations Act of 1947,  
            known as the Taft-Hartley Act.  Under Taft-Hartley, a  
            multiemployer pension plan is established by negotiating an  
            employer contribution as part of a labor-management agreement  
            and establishing a trust fund.  Then labor organizations  
            bargain with additional employers to have workers covered by  
            these plans.  Employer contributions, determined by collective  
            bargaining, fund the multiemployer pension plans.  A  
            Taft-Hartley multiemployer pension plan is characterized by  
            provisions allowing individual employees to gain credits  
            toward pension benefits from work with multiple employers, as  
            long as each employer has a collective bargaining agreement  
            requiring plan contributions.  

            The Federal Transit Act is the federal law authorizing federal  
            financial assistance for urban transit.  As a precondition of  
            receiving federal aid, Section 13(c) provides fair and  
            equitable protective arrangements must be made by the grantee  
            to protect employees affected by federal assistance.  The  
            Secretary of Labor is granted authority to determine what is  
            far and equitable and certifies that protections are in place  
            before grant funds are released.

           4)Communications with Federal government  .  In response to a  
            request from the DOL, the Secretary of the California Labor  
            and Workforce Development Agency responded and outlined the  
            state's position that PEPRA does not violate the goals and  
            requirements of section 13(c).  The response states it is the  
            agency's opinion that PEPRA does not limit a local transit  
            authority's ability to bargain or to enter into fair and  
            equitable protective agreements or arrangements that satisfy  
            Section 13(c) and the changes in state pension law implemented  
            by PEPRA do not impede Section 13(c)'s goal of assuring a  
            continued right to collective bargaining.  The response also  
            notes, to the contrary, PEPRA merely modifies, prospectively,  








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            certain aspects of the defined benefit pension plan than can  
            be offered by a public employer and PEPRA does not permit  
            employers to unilaterally determine and impose terms under  
            which defined benefit pensions may be provided.  They conclude  
             PEPRA retains the ability of current and future employees to  
            engage in good faith collective bargaining.

           5)There is no registered opposition to this bill.
           



           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081