BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          AB 908 (Gomez) - Disability compensation:  disability insurance
          
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          |Version: September 4, 2015      |Policy Vote: L. & I.R. 4 - 1    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: September 10,     |Consultant: Robert Ingenito     |
          |2015                            |                                |
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          This bill meets the criteria for referral to the Suspense File.  
          However, it was referred to the Committee pursuant to Senate  
          Rule 29.10 (b), which only provides the option to (1) hold the  
          bill, or (2) return the bill as approved by the Committee to the  
          Senate floor.




          


          Bill  
          Summary: AB 908 would make specified changes related to State  
          Disability Insurance and Paid Family Leave benefits.


          Fiscal  
          Impact:
                 The Employment Development Department (EDD) estimates  
               that increasing the specified benefit duration and wage  
               replacement level would result in increased payments from  







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               the Disability Insurance Fund of $651 million in 2017,  
               rising to $1 billion by 2021, assuming no change to the  
               program's current utilization rate. If utilization were to  
               rise, benefit payments would be commensurately higher. 

                 EDD estimates that covered workers would pay an  
               additional $300 million in 2017, rising to $994 million in  
               2021, resulting from the bill's increase to the wage  
               ceiling related to covered workers' contributions. 

                 EDD would likely adjust the worker contribution rate,  
               from 1.0 percent to 1.1 percent beyond 2018 (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.

                 EDD would incur one-time IT-related costs, likely in the  
               high hundreds of thousands of dollars, to implement the  
               provisions of the bill.

                


          Background: The California State Disability Insurance Program (SDI) was  
          created in 1946 and is administered by EDD. The SDI program  
          covers about 13 million workers. Current law requires coverage  
          for employees working for employers in excess of $100 in a  
          calendar quarter. Exceptions include certain domestic workers  
          and governmental employees. Disability benefits are payable when  
          a covered employee suffers a wage loss and cannot work due to  
          pregnancy or illness/injury not related to their job. Benefits  
          are payable for a maximum for 52 weeks. EDD data indicate that  
          in 2013 there were about 634,000 total claims filed with a total  
          of $4.5 billion in benefits paid. The average benefit amount was  
          $479 with approximately 15.7 average weeks per claim.
          Paid Family Leave (PFL) 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 also 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,  








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          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.  


          The SDI program is paid for by the proceeds of an employee  
          payroll deduction whose proceeds are deposited into the  
          Disability Insurance (DI) Fund. The DI Fund pays out the DI and  
          PFL benefits.  PFL claims are approximately 12 percent of total  
          payments from the DI Fund.  The SDI contribution is set at 0.9%  
          of the first $108,160 of wages in 2015.  Both the rate and the  
          wage ceiling are adjusted annually by EDD according to a  
          specified formula. At the end of 2014, the DI fund was projected  
          to have reserves of $3.3 billion.


          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 make various modifications to the PFL and SDI  
          programs, including the following:
                 Increasing the wage replacement benefits such that:


                  o         Wage replacement would increase to 80 percent  
                    for individuals whose wages (as calculated under  
                    current law) are under one-third of the statewide  
                    average weekly wage for both PFL and SDI (which  
                    translates to $18,992 annually or less). 


                  o         Wage replacement would increase to 60 percent  
                    for individuals whose wages (as calculated under  
                    current law) are over one-third of the statewide  
                    average weekly wage for both PFL and SDI.








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                  o         The bill would establish a $50 minimum weekly  
                    benefit and a maximum weekly benefit linked to the  
                    maximum weekly worker's compensation temporary  
                    disability weekly benefit amount.


                 Eliminating, after January 1, 2017, the waiting period  
               for PFL and including legislative reporting language, as  
               specified, for EDD on the projected costs and potential  
               benefits of eliminating, reducing, or modifying the DI  
               waiting period.


                 Increasing the benefit duration under PFL from 6 weeks  
               to 8 weeks.


                 Increasing, after January 1, 2017, the SDI taxable wage  
               ceiling to $150,000 and thereafter indexing it, as  
               specified. 


                 Allowing for implementation on January 1, 2017 for all  
               provisions except the report from EDD on DI waiting  
               periods. The report would be due by October 1, 2016.




          



          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 that the bill would  
          result in increased benefits payments of $651 million in 2017,  








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          partially offset by $300 million in increased contributions from  
          higher-income covered employees, with both numbers rising in the  
          out years. However, these figures assume no change to  
          utilization rates. If, for example, utilization of PFL increases  
          in response to the bill, the annual increase in benefit payments  
          would be higher. As an order of magnitude, EDD estimated for a  
          previous version of the bill that a 10 percent increase in usage  
          could increase benefit payments by about $150 million, likely  
          triggering an increase in the contribution rate paid by covered  
          employees. 
          Also as noted previously, benefits for SDI (including PFL) are  
          funded through worker contributions. These amounts under current  
          law are a 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 1.2 percent with  
          enactment of the bill, an increase of 0.2 percentage points.  
          However, the long-run impact is estimated to be 0.1 percentage  
          point higher than current law. Under existing 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. 


          Under current law, the DI Fund is projected to have a reserve  
          balance of $3.1 billion in 2016. EDD estimates that the  
          cumulative additional benefits paid as a result of the bill for  
          the five year period 2017-2021 would be $4.4 billion. Over the  
          same five-year period, EDD estimates that the bill would result  
          in cumulative additional contributions by covered employees of  
          $4.9 billion. EDD guidelines suggest that a reserve of 25  
          percent is desirable to ensure the DI Fund's ongoing solvency.


          The Senate Appropriations Committee heard a previous version of  
          this bill on July 6th, 2015; among other things, it only  
          expanded PFL benefits (not SDI benefits), and did not raise the  
          ceiling related to covered workers' contributions. It was placed  








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          on the Committee's Suspense File, and was subsequently passed to  
          the Senate Floor with author's amendments that delayed  
          implementation dates and narrowed the scope of the bill. 


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