BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:            AB 991          Hearing Date:     6/08/15
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          |Author:    |Committee on Public Employees, Retirement, and       |
          |           |Social Security                                      |
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          |Version:   |6/01/15    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

            SOURCE:  California State Teachers' Retirement System

            ASSEMBLY VOTES:
          
          
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          |Assembly Floor:                 |78 - 0                          |
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          |Assembly Appropriations         |16 - 0                          |
          |Committee:                      |                                |
          |--------------------------------+--------------------------------|
          |Assembly Public Employees,      |6 - 0                           |
          |Retirement/Soc Sec Committee:   |                                |
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           DIGEST:    This bill makes various technical and conforming  
          changes to the Teachers' Retirement Law (TRL) necessary for  
          continued effective administration of the California State  
          Teachers' Retirement System (CalSTRS).

          ANALYSIS:
          
          Existing law:
          
          1)Establishes CalSTRS to provide retirement benefits for school  
            employees, as defined, through the Defined Benefit Program  







          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 2 of ?
          
          
            (DB), the Defined Benefit Supplement Contribution Program  
            (DBS), and the Cash Balance Benefit Program (CB).

          2)Requires school employers, as specified, to enroll their  
            employees into mandatory membership into the DB depending on  
            the type of employer (preK-12 or community college district)  
            and whether that employer offers the CB or if they are a  
            DB-only employer.

          3)Establishes the CB to provide an alternative retirement  
            program for employees, primarily part-time or temporary  
            employees as defined, who are not mandated into the DB.  The  
            CB is optional for employers to offer and is a hybrid  
            retirement plan that has attributes of both a defined benefit  
            and defined contribution plan, including employee and employer  
            contributions and annuities.

            This bill clarifies the CB is for 1) persons employed for less  
            than 50 percent of a full-time position by a public school  
            employer, as defined, other than a community college district;  
            2) on a temporary basis, as defined, by a community college  
            district; or 3) as a substitute employee.
            Sections affected:  22001.5, 26000, 26132, 26400, 26401,  
            26806, 26812

          4)Defines "creditable compensation" and includes remuneration  
            that is paid for the use of sick leave, vacation, and other  
            employer approved leave in creditable compensation, but is  
            unclear on what qualifies as "employer approved leave."
              
            This bill defines "leave of absence," as specified, and  
            provides that a leave of absence must be employer approved and  
            compensated for leave-related remuneration to be included in  
            the member's creditable compensation.
            Sections affected:  22119.2, 22119.3, 22144.3

          5)Defines "credited service" as service for which the required  
            contributions have been paid.  Also, existing federal law IRC  
            401(a)(17) establishes a limit on compensation upon which a  
            qualified plan may base allocations or benefit accruals for a  
            plan participant.  No contributions above that amount are made  
            into the CalSTRS plan.
              
            This bill clarifies that service attributable to compensation  








          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 3 of ?
          
          
            for which no contributions to CalSTRS are paid because of the  
            401(a)(17) limit is nevertheless included in creditable  
            service.  Thus, a member does receive creditable service for  
            time worked during the year when contributions were suspended  
            to avoid violating the federal 401(a)(17) limit on  
            compensation.
            Section affected:  22121

          6)Contains erroneous or obsolete statutory references for  
            provisions related to the following:  1) the annual  
            "improvement factor" increase of 2 percent to the minimum  
            guaranteed retirement allowance; 2) a member's right to elect  
            to continue membership in CalPERS rather than join CalSTRS; 3)  
            the exclusion of Domestic Partners from specified annuity  
            beneficiary options; and 4) references to the CalSTRS  
            headquarters building.

            This bill corrects or eliminates erroneous or obsolete  
            statutory references in the provisions noted above.
            Sections affected:  22141, 22509, 26602.5, 26142.5, 26400,  
            26401, 26807.6, 26906.6, 27100

          7)Authorizes CalSTRS to establish a threshold of up to $10.00  
            for processing specified payments or collections of  
            overpayments resulting from benefit or other payment  
            adjustments.

            This bill clarifies CalSTRS's authority to not issue payments  
            or collect overpayments that are de minimus (less than $10.00)  
            until the cumulative amount owed reaches an established  
            threshold.
            Section affected:  22404

          8)Authorizes substitute teachers and part-time employees who are  
            excluded from the DB to elect membership in the DB at any time  
            they become employed to perform creditable service and become  
            eligible for DB membership.

            This bill clarifies that a person's election of membership  
            into the DB is irrevocable until the member both terminates  
            employment and receives a refund of accumulated retirement  
            contributions.
            Section affected:  22515









          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 4 of ?
          
          
          9)Existing law authorizes up to 12 years of service credit for  
            specified time on compensated leave as an elected officer of  
            an employee organization.

            This bill clarifies that eligible members are eligible for a  
            full year of service credit, not a fraction of a year, for  
            each 12-month period served, up to 12 years.
            Sections affected:  22711, 44987, 87768.5

           10)Authorizes CalSTRS to grant two years of service credited to  
             affected DB members when the governing board of a school  
             district, county office of education, or community college  
             district determines that a retirement incentive program (RIP)  
             is necessary and would result in net savings, as specified.

             This bill provides that an employer who offers a RIP to its  
             employees shall submit documentation, as specified, to  
             CalSTRS within 30 calendar days after the last day of the RIP  
             eligibility window period.
             Section affected:  22714

           11)Grants service credit for unused sick leave reported by all  
             employers during the last school year in which the member  
             performed creditable service.  Also under existing law,  
             employers report creditable compensation earned not  
             creditable service performed.  Thus, CalSTRS cannot  
             distinguish between a member who is on a compensated leave  
             but not performing creditable service in the member's final  
             school year and a member who is working in the last school  
             year performing creditable service since both members would  
             be reported by their employers as having earned creditable  
             compensation.

             This bill clarifies that a member shall be credited for  
             unused sick leave in his or her last school year of  
             employment based on creditable compensation earned rather  
             than creditable service performed to clarify that a member on  
             paid leave in the last year of service also receives credit  
             for his or her unused sick leave.
             Section affected:  22717

           12)Creates a long-term plan to address full funding for CalSTRS  
             by increasing stakeholder contributions, as specified.
              








          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 5 of ?
          
          
             This bill adds conforming codes sections to reference  
             contributions to CalSTRS required under the CalSTRS  
             full-funding plan of 2014.
             Sections affected:  22900, 22903, 22950, 23001

           13)Prohibits DB and CB members from any postretirement  
             employment, as specified, during the first 180 days following  
             retirement and, thereafter, authorizes members to engage in  
             limited postretirement employment subject to specified  
             earnings limitations.  Existing law also requires CalSTRS to  
             offset a retired member's retirement allowance, dollar for  
             dollar, if the member exceeds the earnings limitation.

             This bill clarifies how CalSTRS shall apply benefit  
             reductions to retired members' allowances to offset  
             compensation earned in excess of the postretirement earnings  
             limitations and ensures that the offset for the excess  
             postretirement compensation is no more than the retirement  
             allowance received by the  retiree, as specified.
             Sections affected:  24114, 24214, 24214.5, 26812

           14)Authorizes a member who retires for service or for  
             disability to reinstate into service and receive additional  
             credited service or re-retire for service.  Thus, a member  
             may have multiple retirement dates and periods of service.   
             Existing law also requires unused sick leave to be included  
             in determining creditable service, as specified.

             This bill clarifies service retirement calculations for  
             members who retire from service after reinstating from a  
             previous service or disability retirement, or both, and  
             specifies how unused sick leave will or will not be applied  
             to different service periods prior to and after reinstatement  
             and the subsequent retirement.
             Sections affected:  24209, 24209.3, 24210, 24211, 24212,  
             24213

           15)Limits the compensation a retired member can earn for  
             postretirement employment, as specified, and includes as  
             compensation certain employer payments for benefits such as  
             participation in a deferred compensation plan, purchase of an  
             annuity contract, a tax-deferred plan, or an insurance  
             program.
             








          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 6 of ?
          
          
             This bill clarifies that employer payments for health care  
             coverage are not included in the postretirement compensation  
             limitations.
             Sections affected:  24214, 24214.5, 26812

           16)Defines a CB "participant" as a person who has performed  
             creditable service subject to coverage by the CB and who has  
             1) contributions credited under the CB or 2) is receiving an  
             annuity under the CB.

             This bill clarifies that the definition of "participant" for  
             purposes of the CB includes a member who has terminated  
             covered employment but has not yet received a lump sum  
             distribution of his or her CB retirement benefit and is still  
             within the 180 days following the member's retirement date.
             Section affected:  26132

           17)Defines "salary" for participants in the CB subject to  
             PEPRA, as specified, and limits salary to 120 percent of the  
             federal Social Security contribution and benefit base on  
             January 1, 2013, for participants who do not pay into the  
             federal Social Security system and 100 percent for  
             participants who do pay into Social Security.  Existing law  
             also requires CalSTRS to adjust the salary cap annually based  
             on increases in the Consumer Price Index, as specified.

             This bill clarifies that the annual CPI adjustment to the  
             PEPRA compensation cap is applied to the previous year's  
             adjusted compensation cap.
             Section affected:  26139.5

           18)Prohibits CB participants from making voluntary pretax or  
             post-tax contributions or redeposits to the CB, but does  
             permit participants to roll over funds from other tax  
             qualified retirement plans, as specified, into the CB.  
             Existing law also requires CalSTRS to credit the rollover  
             funds to the participant and separately identify the rollover  
             funds from the participant's CB employee and employer  
             credits.

             This bill clarifies that CalSTRS shall treat a member's  
             rollover funds as credits to the participant's employee  
             account for all other purposes in the CB.
             Section affected:  26506








          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 7 of ?
          
          

           19)Authorizes a CB participant retired for service who receives  
             an annuity to engage in postretirement employment, as  
             specified, but requires that any compensation from the  
             postretirement employment earned in the first 180 days after  
             the participant's retirement date be offset by a reduction in  
             the participant's annuity allowance if the participant is  
             below normal retirement age or retired on or after January 1,  
             2014.

             This bill automatically cancels a CB participant's retirement  
             application if the participant is going to receive a lump sum  
             distribution instead of an annuity and the participant earns  
             compensation from creditable service within 180 calendar days  
             following the termination of employment unless the  
             participant has reached the age at which the IRS requires a  
             distribution of benefits.  This provision is necessary to  
             avoid triggering federal law prohibitions against early  
             distributions from tax qualified plans.
             Section affected:  26812

           20)Provides that where two or more legislative bills amend the  
             same code section, the section in the last bill chaptered  
             shall prevail.

             This bill provides that any section enacted by any other bill  
             in 2015 shall prevail over this bill.

          Background

          CalSTRS sponsors a bill annually to make technical and  
          noncontroversial housekeeping changes to the Teachers'  
          Retirement Law to facilitate efficient administration of the  
          State Teachers' Retirement Plan, which includes the Defined  
          Benefit Program, the Defined Benefit Supplement Program, and the  
          Cash Balance Benefit Program.

          Prior/Related Legislation
          
          SB 1220 (Torres, Chapter 755, Statutes of 2014) made various  
          technical, conforming, or non-controversial changes to the  
          Teachers' Retirement Law to facilitate efficient administration  
          of the State Teachers' Retirement Plan, which includes the DB,  
          the DBS, and the CB.








          AB 991 (Committee on Public Employees, Retirement, and Social  
          Security)      Page 8 of ?
          
          

          AB 1381 (Assembly PER&SS Committee, Chapter 559, Statutes of  
          2013) made technical and conforming changes to align the  
          Teachers' Retirement Law with the Public Employees' Pension  
          Reform Act of 2013 as enacted by AB 340 (Furtani), Chapter 296,  
          Statutes of 2012.

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


          According to the Assembly Appropriations Committee, this bill  
          would result in "one-time special fund costs to CalSTRS of  
          $90,000 to $100,000 to update systems; minor and absorbable  
          ongoing program costs; ongoing savings from eliminating certain  
          payments and collection efforts."
          
          SUPPORT:  

          California State Teachers' Retirement System (source)

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to this bill's sponsor,  
          CalSTRS, AB 991 will help ensure continued effective and  
          efficient plan administration for CalSTRS internal and external  
          customers.