BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          PUBLIC EMPLOYMENT AND RETIREMENT
                               Dr. Richard Pan, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 736          Hearing Date:    6/13/16
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          |Author:    |Cooley                                               |
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          |Version:   |5/10/16    As amended                                |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Glenn Miles                                          |
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          Subject:  State teachers' retirement: executive positions.

          SOURCE:  California State Teachers' Retirement System
            
          
            ASSEMBLY VOTES:
          
          
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          |Assembly Floor:                 |80 - 0                          |
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          |Assembly Appropriations         |17 - 0                          |
          |Committee:                      |                                |
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          |Assembly Public Employees,      |6 - 0                           |
          |Retirement/Soc Sec Committee:   |                                |
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           DIGEST:    This bill authorizes the Teachers' Retirement Board  
          (TRB) to set the compensation and terms and conditions of  
          employment for one chief operating officer (COO) and the chief  
          financial officer (CFO) of the California State Teachers'  
          Retirement System's (CalSTRS) by exempting those positions from  
          statutory civil service provisions, as specified.  The bill also  
          changes the list of key employees who may not represent private  
          interests before TRB for two years after leaving CalSTRS  
          employment.

          ANALYSIS:







          AB 736 (Cooley)                                    Page 2 of ?
          
          
          
          Existing law:
          
          1)Requires the TRB to establish compensation for CalSTRS'  
            executive officer, chief actuary, general counsel, chief  
            investment officer, and other investment officers and  
            portfolio managers whose positions are designated managerial.

          2)Requires that the compensation level for these positions be  
            comparable to other public retirement systems and financial  
            services companies and, when these positions are filled  
            through a general civil service appointment, that the  
            candidates be selected from an eligible list based on an open  
            examination.

          3)States that, except for the chief executive officer who serves  
            at the pleasure of the board, these positions are subject to a  
            modified civil service selection process, and the board may  
            take action against these personnel for causes related to  
            their fiduciary duty, including the failure to meet specified  
            performance objectives.

          4)Prohibits individuals employed in these positions, upon  
            separation from employment, from being paid by a subsequent  
            employer to influence the actions of the retirement system or  
            decisions of its governing board for two years following the  
            end of employment with the retirement system.

          This bill:

          1)Expands the list of positions for which the Teachers'  
            Retirement Board (TRB) has the authority to set the  
            compensation and terms and conditions of employment to include  
            one COO and the CFO.

          2)Limits the annual percentage increase in salary authorized by  
            this bill to ten percent for the 2017-18 fiscal year and five  
            percent for any fiscal year thereafter for a person who served  
            as COO or CFO on January 1, 2016, and who does not separate  
            from service in that position prior to the date on which the  
            increase is applied.

          3)Makes technical changes to the list of key employees who are  
            prohibited for two years from working for private interests to  
            influence the TRB after leaving employment with CalSTRS.








          AB 736 (Cooley)                                    Page 3 of ?
          
          

          Prior/Related Legislation
          
          AB 125 (Wieckowski, 2013) would have expanded the list of  
          positions for which the TRB has the authority to set the  
          compensation and terms and conditions of employment to include  
          the COO and CFO and would have prohibited the salary for the COO  
          and CFO from exceeding 110% of the maximum salary payable to an  
          investment director of the retirement system.  The bill was  
          amended in the Senate to delete these provisions and to change  
          the author.

          AB 1735 (Wieckowski, 2012) would have expanded the list of  
          positions for which TRB has the authority to set the  
          compensation and terms and conditions of employment to include  
          the COO and the CFO and would have prohibited the salary for the  
          COO and CFO from exceeding 150% of the Governor's salary.  AB  
          1735 died in the Senate Appropriations Committee.

          AB 1042 (Allen, Chapter 688, Statutes of 2011) authorized the  
          CalPERS board to appoint and set the compensation of a chief  
          financial officer.

          AB 1317 (Mullin, Chapter 333, Statutes of 2007) expanded the  
          list of key positions for which the CalPERS board and TRB could  
          set compensation and terms of employment to include the general  
          counsel.

          SB 269 (Soto, Chapter 856, Statutes of 2003) authorized the  
          CalPERS board and TRB to set compensation and terms and  
          conditions of employment of certain key positions.

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


          According to the Assembly Appropriations Committee, this bill  
          will result in "annual increased salary costs to CalSTRS in the  
          range of $125,000 to $250,000, depending on the market for COO  
          and CFO pay and terms of employment."

          SUPPORT:
          
          California State Teachers' Retirement System (source)
          California Retired Teachers Association








          AB 736 (Cooley)                                    Page 4 of ?
          
          

          OPPOSITION: 

          None received

          ARGUMENTS IN SUPPORT:   According to the sponsor, CalSTRS, "This  
          bill seeks to improve CalSTRS' ability to attract and retain a  
          COO and CFO, key positions that require specialized expertise to  
          manage the increasingly complex financial and operational  
          components of the largest teacher pension fund in the world.   
          Although CalSTRS has been fortunate to develop a strong  
          executive management team, to proactively plan for the  
          succession of these vulnerable top-level executive positions,  
          prudent business practices and fiduciary obligations dictate  
          that the board positions the organization to attract and recruit  
          from among the best and the brightest in the industry.  The most  
          qualified candidates are likely to be found outside civil  
          service in similarly large financial institutions in the private  
          sector, endowments or other large public pension systems."