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