BILL ANALYSIS Ó AB 2473 Page 1 Date of Hearing: May 7, 2014 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Rob Bonta, Chair AB 2473 (P.E.,R.& S.S. Com.) - As Amended: April 28, 2014 SUBJECT : County Employees Retirement Law of 1937: federal law compliance. SUMMARY : Conforms sections of the County Employees Retirement Law of 1937 ('37 Act) to provisions of the Internal Revenue Code in order to ensure compliance with federal tax law. EXISTING LAW : 1)Establishes the '37 Act, which provides for retirement systems for county and district employees in those counties adopting its provisions. Currently 20 counties operate retirement systems under the '37 Act. 2)Establishes comprehensive public employee pension reform through enactment of the Public Employee Pension Reform Act (PEPRA) that apply to all public employers and public pension plans on and after January 1, 2013, excluding the University of California and charter cities and counties that do not participate in a retirement system governed by state statute. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by Legislative Counsel. COMMENTS : According to the author, "AB 2473 is sponsored by the State Association of County Retirement Systems (SACRS). All 20 county employee retirement systems operating under the '37 Act are tax-qualified plans, as determined by the Internal Revenue Service (IRS). Tax-qualified status is the legal mechanism that allows retirement contributions made by employees and employers, and the earnings on those contributions, to accrue to the benefit of the retirement system members on a tax-deferred basis." "This important technical bill conforms sections of the '37 Act to provisions of the Internal Revenue Code in order to ensure that all 20 retirement systems operating under the '37 Act are governed by state law consistent with federal tax law AB 2473 Page 2 requirements governing retirement plans." According to the sponsor of the bill, SACRS, "The provisions of this bill represent the work product of 3 years of discussions with the IRS and '37 Act county retirement systems to identify the elements of California law in need of conformity and the specific language required. The Orange County Employees Retirement System engaged the IRS on a formal basis to initiate the collaborative process to bring the '37 Act into federal tax law compliance. Since the tax conformity process began, the PEPRA was enacted in 2012, where some PEPRA provisions now also require federal tax law conformity." REGISTERED SUPPORT / OPPOSITION : Support State Association of County Retirement Systems (Sponsor) Los Angeles County Employees Retirement Association Orange County Board of Supervisors Ventura County Employees Retirement Association Opposition None on file Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957