BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 879 (Budget and Fiscal Review Committee)
          As Amended  August 27, 2014
          Majority vote 

           SENATE VOTE  :Vote not relevant

           BUDGET              16-9                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Skinner, Bloom, Campos,   |     |                          |
          |     |Chesbro, Daly, Dickinson, |     |                          |
          |     |Gordon,                   |     |                          |
          |     |Jones-Sawyer, Mullin,     |     |                          |
          |     |Muratsuchi, Nazarian,     |     |                          |
          |     |Rodriguez, Stone, Ting,   |     |                          |
          |     |Weber, Dababneh           |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gorell, Chávez, Grove,    |     |                          |
          |     |Harkey, Mansoor, Allen,   |     |                          |
          |     |Nestande, Patterson,      |     |                          |
          |     |Wagner                    |     |                          |
           ----------------------------------------------------------------- 

           SUMMARY  :  Provides legislative ratification for the memoranda of  
          understanding (MOU) agreed to by the state and the following  
          state bargaining units (BUs).  Specifically,  this bill  :  

          1)Provides legislative ratification for the memoranda of  
            understanding for the following state bargaining units:  

             a)   BU 2 (Attorneys and Hearing Officers), represented  
               exclusively by the California Attorneys, Administrative Law  
               Judges and Hearing Officers in State Employment. 

             b)   BU 10 (Professional Scientists), represented exclusively  
               by the California Association of Professional Scientists.

             c)   BU 13 (Stationary Engineer), represented exclusively by  
               the International Union of Operating Engineers.   

          2)Provides legislative ratification for the addendums to the MOU  
            for the following bargaining unit:








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             a)   BU 8 (Firefighters), represented exclusively by the  
               Department of Forestry and Fire Protection, Local 2881. 

           EXISTING LAW  :

          1)Establishes the Ralph C. Dills Act, which requires the state  
            to collectively bargain with official representatives of  
            employee groups (i.e., bargaining units) regardless of wages  
            and working conditions, and to define negotiated agreements in  
            MOUs.

          2)Establishes the California Department of Human Resources  
            (CalHR) as the official representative of the Governor in all  
            matters related to collective bargaining.

          3) Requires the any MOU between the state and an official  
            representative must be ratified by the Legislature.

          4)Requires that an addendum to a ratified MOU must be submitted  
            to the Joint Legislative Budget Committee (JLBC) for analysis,  
            and, if so required by the JLBC, must also be approved by the  
            Legislature.

          5)Establishes the California Public Employees' Retirement System  
            (CalPERS), which provides health and retirement benefits for  
            the state employees.

          6)Requires the Legislative Analyst's Office (LAO) to analyze all  
            state MOUs and to provide analyses of the MOUs and their  
            fiscal impact to the Legislature within 10 days of receipt of  
            the MOUs from CalHR.  

          7)Establishes comprehensive public employee pension reform  
            through enactment of the Public Employees' Pension Reform Act  
            of 2013 (PEPRA) that apply to all public employee 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 the  
            state statute.  


           FISCAL EFFECT  :  Appropriates $12.629 million for BU 2, $3.124  
          million for BU 10, $2.356 million for BU 13, and $10.236 million  








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          for BU 8 for fiscal year 2014-15.    

           COMMENTS  :  The 2014-15 Budget Act included preliminary funding  
          for BUs 10 and 13, in anticipation of the MOUs.  This trailer  
          bill will increase the overall 2014-15 budget by $28.345 million  
          ($11.973 million General Fund) in accordance with these MOUs. 

          The following information summarizing the general provisions of  
          the MOUs was provided by CalHR:

          Number of Employees:  
           
          The BU 2 agreement affects approximately 3,869 full-time  
          equivalents.

          The BU 10 agreement affects approximately 2,870 full-time  
          equivalents.

          The BU 13 agreement affects approximately 952 full-time  
          equivalents.   

          Retirement Benefit Formula Calculation:  
           
          BUs 2, 10 and 13 employees who become CalPERS members on or  
          after January 1, 2013, are subject to PEPRA Retirement Formula  
          of 2% at age 62.

          BUs 2, 10 and 13 employees who become CalPERS members on or  
          after January 1, 2013, are subject to the State Safety PEPRA  
          Retirement Formula of 2% at age 57. 

          BUs 2, 10 and 13 employees who become CalPERS members on or  
          after January 1, 2013, are subject to the Second Tier PEPRA  
          Retirement Formula of 1.25% at age 67.
          Pensionable compensation caps will apply to new CalPERS members  
          subject to PEPRA as defined under PEPRA.

          Employee Pension Contribution - Attorneys and Hearing Officers:
           
           BU 2 Miscellaneous and Industrial members in the First Tier  
          retirement subject to social security, contribute 9% of monthly  
          pensionable compensation.

          BU 2 Miscellaneous and Industrial members in the First Tier  








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          retirement not subject to social security, contribute 10% of  
          monthly pensionable compensation. 

          Effective July 1, 2013, all BU 2 State Safety members began  
          contributing 11% of monthly pensionable compensation.

          Effective July 1, 2013, all BU 2 Second Tier members began  
          contributing 1.5% of monthly pensionable compensation and the  
          contribution will increase by 1.5% annually.  The final annual  
          increase in the contribution rate shall be adjusted as  
          appropriate to reach 50% of normal cost.
           
           Employee Pension Contribution - Scientists:
           
           All BU 10 Miscellaneous First Tier members contribute 8% of  
          monthly pensionable compensation.

          Effective July 1, 2013, all BU 10 State Safety members began  
          contributing 10% of monthly pensionable compensation.  Effective  
          July 1, 2014, all BU 10 State Safety members shall contribute  
          11% of monthly pensionable compensation.

          Effective July 1, 2013, all BU 10 Industrial members began  
          contributing 9% of monthly pensionable compensation.

          On July 1, 2013, all BU 10 Second Tier members began  
          contributing 1.5% of monthly pensionable compensation and the  
          contribution will increase by 1.5% annually.  The final annual  
          increase in the contribution rate shall be adjusted as  
          appropriate to reach 50% of normal cost.

          Employee Pension Contribution - Stationary Engineer:
           
           Effective July 1, 2013, all BU 13 Second Tier members shall  
          contribute 1.5% of monthly pensionable compensation and the  
          contribution will increase by 1.5% points annually.  The final  
          annual increase in the contribution rate shall be adjusted as  
          appropriate to reach 50% of normal cost.   

           Compensation BU 2:

          Effective July 1, 2014, all BU 2 represented classifications  
          receive a 2% General Salary Increase (GSI).









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          Effective July 1, 2015, all BU 2 represented classifications  
          receive a 2.5% GSI.


          Compensation BU 10:

          The month following ratification of the MOU, all BU 10  
          represented classifications shall receive a one-time bonus of  
          $1,000. 

          Effective July 1, 2015, all BU 10 represented classifications  
          shall receive a 3% GSI.

          Compensation BU 13:
           
           Effective July 1, 2014, contingent on the projected State  
          revenues of the 2014-15 Budget, all BU 13 represented  
          classifications receive a 2% GSI.

          Effective July 1, 2015, all BU 13 represented classifications  
          will receive a 2.5% GSI.
          Upon ratification of the tentative agreement, all eligible  
          Bargaining Unit 13 employees will received a one-time payment of  
          $250.00.

          Effective July 1, 2014, and following Union ratification of this  
          agreement and upon approval of funding by the Legislature, Unit  
          13 employees in the Water and Sewage Plant Operator  
          classifications who possess a valid State of California Waste  
          Water and/or Water Treatment Certification at the level of Grade  
          II issued by the State of Water Resources Control Board and/or  
          California Department of Public Health shall receive a 2%  
          differential each month. 

          Effective July 1, 2015, Unit 13 employees who work at the Sierra  
          Conservation Center and the Richard J. Donovan Correctional  
          Facility will be eligible for a $2,400 per year recruitment and  
          retention bonus payable 30 days following the completion of 12  
          consecutive pay periods.

          Effective July 1, 2015, Unit 13 employees who work in the  
          Department of General Services building in the city of San  
          Francisco will be eligible for a $2,400 per year recruitment and  
          retention bonus payable 30 days following the completion of 12  








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          consecutive pay periods.  

          Upon Union ratification of this agreement, the overtime meal  
          allowance provided by the Department of Transportation will  
          increase from $5 to $6.

          Heath Benefits - Employer Contribution:

          BU 2 - The pay period following ratification, the employer  
          health benefits contribution to the health insurance portion of  
          the BU 2 Consolidated Benefits allowance will be set at a dollar  
          amount that equals the 80/80 formula.  The amounts shall be  
          increased on January 1, 2015, and January 1, 2016.

          BU 13 - The state's monthly contribution to the health insurance  
          portion of BU 13 employee's allowance shall be a flat dollar  
          amount equal to 80% of the weighted average of the premiums for  
          the four basic health benefit plans with the largest enrollment  
          (the 80/80 formula).  
           
           Heath Benefits - Dependent Coverage: 

          BU 10 - Thirty days following ratification, BU 10 employees who  
          first become eligible for health enrollment will become eligible  
          for the full employer contribution for dependent health coverage  
          after one year of state employment.  The state will contribute  
          75% of the normal amount for dependents during the vesting  
          period.
           
           BU 13 - Effective the first day of the pay period following  
          Union ratification of the agreement, BU 13 employees will become  
          eligible for the full employer contribution for dependent health  
          coverage after one year of state employment.  The state will  
          contribute 75% of the normal amount for dependents during the  
          vesting period.   

           Miscellaneous: 

          The agreements contain various miscellaneous provisions.

          Duration:  

          BU 2 - Three years - July 2, 2013 through July 1, 2016









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          BU 10 - Two years - July 2, 2013, through July 1, 2015

          BU 13 - Three years - July 2, 2013 through July 1, 2016


           Analysis Prepared by  :    Genevieve Morelos / BUDGET / (916)  
          319-2099 


                                                                FN: 0005571