BILL ANALYSIS Ó SB 879 Page 1 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: SB 879 Page 2 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 SB 879 Page 3 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 SB 879 Page 4 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). SB 879 Page 5 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 SB 879 Page 6 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 SB 879 Page 7 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