BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 908 (Gomez) - Disability compensation:  family temporary  
          disability insurance
          
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          |Version: June 18, 2015          |Policy Vote: L. & I.R. 4 - 1    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 6, 2015      |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary: AB 908 would increase the level and duration of  
          benefits provided in the Paid Family Leave insurance program, as  
          specified.


          Fiscal  
          Impact:
                 The Employment Development Department (EDD) indicates  
               that increasing the benefit duration and wage replacement  
               level would result in increased payments from the  
               Unemployment Compensation Disability Fund (UCDF) of about  
               $752 million annually, assuming no change to the program's  
               current utilization rate. If utilization were to rise,  
               benefit payments would be higher (see Staff Comments). 

                 EDD would adjust the worker contribution rate, from 1.0  







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               percent to 1.3 percent (assuming no change to the program's  
               current utilization rate), to ensure benefit payments can  
               be maintained. If utilization were to rise, the worker  
               contribution rate would be higher (see Staff Comments).

                 EDD would incur IT-related costs ($844,000 one-time,  
               $47,000 on-going) to implement the expanded benefits  
               (UCDF).

                


          Background: Paid Family Leave (PLF) is established within the State  
          Disability Insurance program, and provides benefits to  
          individuals who take time off of work to care for a seriously  
          ill child, spouse, parent, or registered domestic partner, or to  
          bond with a new minor child due to birth, adoption, or foster  
          care placement. California was the first state to implement a  
          PLF benefit, which covers about 13 million residents in the  
          State. In 2013, PFL was extended to workers who take time off of  
          work to care for a seriously ill parent-in-law, grandparent,  
          grandchild, or sibling. In 2014, about 204,000 PFL claims were  
          filed, 90 percent of which were filed to take time off to bond  
          with a newborn child.  
          PFL is funded by an employee-paid payroll tax with benefit  
          levels indexed to inflation, built upon California's long  
          standing State Disability Insurance system, which has provided  
          income support for employees' medical and pregnancy-related  
          leaves for many years. However, unlike SDI benefits, income from  
          PFL has been deemed taxable by the Internal Revenue Service.  
          Under PFL, workers can claim a cash benefit set at 55 percent of  
          "base period" wages for up to 6 weeks.  The maximum weekly  
          benefit is currently set at $1,104 and is adjusted every year  
          based on the statewide average weekly wage.  The average claim  
          in 2013 paid $527 per week for 5.4 weeks.




          Proposed Law:  
          This bill would increase the level and duration of benefits  
          provided in the PFL insurance program.  Specifically, this bill  
          would do all of the following:  
                 Increase the maximum duration of PFL insurance benefits  








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               from 6 to 10 weeks.


                 Establish a minimum weekly benefit amount of $250.


                 Define the annual "full-time minimum wage" as the  
               product of the California minimum wage and 2,000 hours.


                 Increase the wage replacement rate for PFL benefits from  
               55 percent to:


               o      80 percent for those who make up to 25% of the  
                 full-time minimum wage.


               o      75 percent for those who make between 25% and 75% of  
                 the full-time minimum wage.


               o      65 percent for those who make more than 75% of the  
                 full-time minimum wage. 




          Related  
          Legislation:  SB 770 (Jackson, Chapter 350, Statutes of 2013)  
          expanded the definition of family to include in-laws, siblings  
          and grandparents.


          Staff  
          Comments:  As noted previously, EDD projects increased benefits  
          payments of $752 million assuming no change to the utilization  
          rate. For illustrative purposes, if utilization of PFL does  
          increase in response to the bill, EDD projects that the annual  
          increase in benefit payments would be $899 million (with a 10  
          percent increase in usage), and $1.05 billion (with a 20 percent  
          increase in usage). 
          Benefits for PFL are paid from revenues in the UCDF, which in  
          turn is funded through worker contributions. These amounts are a  








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          percentage of income, up to a ceiling ($104,378 in 2015).  Based  
          on 2015 May Revision data, EDD estimates that the contribution  
          rate for workers (assuming no change in utilization) would  
          increase in 2018 from an estimated 1.0 percent under current law  
          to an estimated 1.3 percent with enactment of the bill. On  
          average, this would increase the yearly contributions per  
          employee from $374 to $486, an increase of $112. If more people  
          utilize the PFL program as a result of the bill, the worker  
          contribution rate would increase to 1.4 percent. Under current  
          law, the maximum contribution rate is capped at 1.5 percent, and  
          the formula used to determine the rate was designed to ensure  
          solvency during economic downturns when fewer workers are  
          contributing. 


          The General Fund borrowed $303 million from the fund in 2011-12  
          and another $308 million in 2012-13. Repayments of these loans  
          to the fund are scheduled in 2015-16 and 2016-17, respectively.  
          The fund is projected to have a reserve balance of $3.1 billion  
          in 2016.