BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 13
          Author:   Beall (D)
          Amended:  2/6/13
          Vote:     27 - Urgency

           
           SENATE PUBLIC EMPLOY. & RETIRE. COMM.  :  4-0, 2/11/13
          AYES:  Beall, Walters, Block, Gaines
          NO VOTE RECORDED:  Yee

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 4/8/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Public employees retirement benefits

           SOURCE  :     Author


           DIGEST  :    This bill makes technical corrections to the Public  
          Employees Pension Reform Act of 2013 (PEPRA) in order to clarify  
          the Legislatures intent in enacting PEPRA and to assist affected  
          employers and retirement systems in implementation of PEPRA.  

           ANALYSIS  :    Existing law establishes PEPRA, which requires, as  
          of January 1, 2013, comprehensive and statewide reform for the  
          State's public pension systems and plans and public employers  
          and employees, including the following, as specified:

          1. Allows legacy members (i.e., employees in retirement plan  
             membership prior to January 1, 2013) subject to reciprocity  
             to move between public employers and be subject to the new  
             employer's retirement benefit plan as it existed for new  
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             hires on December 31, 2012.

          2. Requires new public retirement system members to have lower  
             retirement formulas and higher retirement ages.

          3. Requires new members to have no less than a three-year final  
             compensation period.

          4. Prohibits retroactive benefit increases for all public  
             employees.

          5. Requires new members to pay at least 1/2 of the actuarial  
             annual normal cost of their benefit plans as member  
             contributions and prohibits employers from making those  
             contributions on behalf of employees.

          6. Limits the amount of compensation that a public employee may  
             have counted towards a defined benefit based on the Social  
             Security wage index with subsequent adjustments based on  
             annual changes in the Consumer Price Index for All Urban  
             Consumers.

          7. Prohibits certain items of pay from being included in  
             "pensionable compensation."

          8. Prohibits inequitable retiree health vesting for new excluded  
             and appointed employees.

          9. Prohibits, for new employees, any employer benefit  
             contributions paid on salaries in excess of specified federal  
             limits, and prohibits an employer from seeking a federal  
             exception to the limit.

          10.Prohibits, for new employees, employer contributions to  
             benefit replacement plans in excess of federal compensation  
             limits, and prohibits an employer from offering a benefit  
             replacement plan to any group of employees to which the plan  
             was not offered prior to January 1, 2013.

          11.Prohibits for all members, on and after January 1, 2013, the  
             purchase of non-qualified service credit (aka, "Airtime") in  
             a defined benefit plan.

          12.Requires, for persons first elected or appointed on or after  

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             January 1, 2013, that final compensation earned as an elected  
             or appointed city council member or county supervisor may not  
             be used in the calculation of a retirement benefit for other  
             public employment, and prohibits a retired appointee to a  
             state board or commission from receiving a full pension and a  
             full salary while serving on the board or commission.

          13.Prohibits pension contribution holidays for public employers.

          14.Places additional restrictions on working after retirement  
             for a public employer.

          15.Creates stringent benefit forfeiture provisions for public  
             employees and officials who are convicted of felonies  
             committed in relation to the performance of official duties.

          16.Closes the Legislator's Retirement System to new members.

          17.Closes the Alternative Retirement Program to new state  
             miscellaneous employees subject to PEPRA.

          18.Requires higher employee contributions for state legacy  
             employees, and allows local employers to impose higher legacy  
             employee contributions by 2018 if they fail to bargain such  
             increases in the interim.

          19.Makes various other changes to public retirement systems and  
             plans and the duties and requirements of public employers and  
             employees.

          This bill makes various corrections and clarifications to PEPRA  
          provisions in order to assist employers and retirement systems  
          in the timely and correct implementation of PEPRA requirements.   
          Specifically, this bill clarifies and requires the following:

          1. States that it contains clarifying changes to PEPRA that are  
             consistent with legislative intent as enacted in AB 340  
             (Furutani, Chapter 296, Statutes of 2012) and are therefore  
             intended to be applicable as of January 1, 2013.

          2. Clarifies that the provision for legacy employees to move  
             between public employers also (in addition to moving between  
             reciprocal employers) applies in cases of concurrent  
             membership (such as moving between California Public  

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             Employees' Retirement System (CalPERS) employers or CalPERS  
             and California State Teachers' Retirement System), consistent  
             with the intent of AB 340 to grandfather public employees  
             hired prior to January 1, 2013, with regard to moving between  
             public employers.

          3. Clarifies that nothing prohibits an employer that offers a  
             defined benefit plan prior to January 1, 2013, from later  
             offering only a defined contribution plan or a defined  
             contribution plan in addition to a defined benefit plan.

          4. Provides express authority to retirement systems to  
             promulgate regulations or adopt resolutions to implement the  
             requirements of PEPRA.

          5. Confirms that in determining normal cost, the actuary may use  
             single rate contributions (as in CalPERS), or age-based  
             contribution rates (as in the 1937 Act County Retirement  
             Associations).

          6. Creates a uniform requirement for all public retirement  
             systems subject to PEPRA with regard to when and how to make  
             annual changes to the compensation limits and when such  
             changes shall be effective.

          7. Clarifies that the normal cost rate used to determine  
             employee contributions includes all benefits under the plan  
             (such as death and survivor benefits and cost-of-living  
             adjustments).

          8. Clarifies that new employees will initially be subject to a  
             higher employee contribution rate (i.e., higher than the  
             required 50%) if it is paid by similarly situated employees  
             subject to a collective bargaining agreement.

          9. Clarifies that an employer is not required to change the  
             retiree health vesting schedule of any employee subject to a  
             specific health vesting schedule prior to January 1, 2013, or  
             with whom the employer had a contractual agreement for a  
             particular health vesting schedule.

          10.Clarifies that judges will be subject to felony forfeiture  
             provisions required under the Judges Retirement Systems and  
             PEPRA, resulting in the highest loss of benefits possible  

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             under the various section.

          11.Clarifies that legacy members in the Los Angeles County  
             Retirement Association are allowed to move between retirement  
             plans D and E, but not the PEPRA plan and plans D or E.

          12.Clarifies that new 1937 Act County Retirement Association  
             members subject to the PEPRA retirement formulas shall not be  
             subject to the traditional offsets on contributions and  
             benefits that apply to legacy employees.

          13.Corrects typographical errors and clarifies various  
             requirements.

           Comments

           According to the author, "AB 340 passed at the end of the 2012  
          session as a conference committee report following over a year  
          of meetings, hearings, and various legislative efforts relative  
          to comprehensive pension reform.  Due to the scope of the bill  
          and its complexity, and the requirement that a conference report  
          may not be amended once in print, a number of provisions need  
          clarification in order to be implemented as intended.  SB 13  
          will provide employers and retirement system administrators with  
          better guidelines for fully implementing the requirements of AB  
          340 in a timely manner."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

             Unknown loss of savings from closing the Alternate  
             Retirement Program (ARP) on January 1, 2013, instead of July  
             1, 2013.  (General/Special)   

             Minor administrative costs to CalPERS and CalSTRS (Special).

             Minor increase in revenue from new legislative employees  
             paying half the normal cost of their defined benefit plan.

          The exact loss of savings from closing the ARP six months  
          earlier is unknown as it would depend on the number of employees  
          hired during that time period who later decide not to purchase  

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          the two years of service credit, which would have resulted in a  
          savings to the state in the amount of the associated employer  
          contribution.

           SUPPORT :   (Verified  4/9/13)

          California Public Employees' Retirement System
          Los Angeles County Employees Retirement Association



          JA:k  4/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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