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 AB 160 Page 2 $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 AB 160 Page 3 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, AB 160 Page 4 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