BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 991


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          991 (Committee on Public Employees, Retirement, and Social  
          Security)


          As Amended  June 1, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 78-0 | (April 23,    |SENATE: |39-0  | (June 29, 2015) |
          |           |      |2015)          |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  P.E., R., & S.S.


          SUMMARY:  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).  Specifically, this bill:


          1)Clarifies the Cash Balance (CB) Benefit Program is for persons  
            employed:


             a)   By an employer, excluding a community college district,  
               for less than 50% of a full-time position.


             b)   On a temporary basis by a community college district.










                                                                     AB 991


                                                                    Page  2


             c)   As a substitute employee.


          2)Conforms state law to federal law by prohibiting a CB Benefit  
            Program participant who receives a lump-sum retirement benefit  
            payment from performing creditable service during the first  
            180 calendar days following his or her retirement effective  
            date in order to conform to requirements set forth in the  
            Internal Revenue Code by:


             a)   Not distributing the lump-sum payment until 180 calendar  
               days have elapsed following the retirement effective date.


             b)   Automatically cancelling the retirement application if  
               creditable service is performed, unless the participant has  
               reached the age at which a distribution of benefits is  
               required.


          3)Clarifies the types of compensated leaves of absence for which  
            compensation is creditable.


          4)Defines "credited service" so that service for which  
            compensation is in excess of the Internal Revenue Code Section  
            401(a)(17) limit, and no contributions are paid, is deemed to  
            be credited service.


          5)Corrects a typographical error in the statute that provides an  
            increase of 2% to the minimum guaranteed allowance for retired  
            members to read "24410.7," rather than "24110.7" and adds the  
            term "improvement" to consistently use "improvement factor."


          6)Broadens the types of payments and overpayments eligible for  
            dispensation when the amounts are below a specified threshold.


          7)Corrects a reference in the statute that requires a member's  








                                                                     AB 991


                                                                    Page  3


            election of a retirement system to be filed with the  
            appropriate system to correctly refer to Education Code  
            Section 22508 (c).


          8)Clarifies that a person's election of membership into the  
            Defined Benefit (DB) Program is irrevocable until the member  
            receives a refund of accumulated retirement contributions, in  
            addition to terminating employment.


          9)Clarifies that members may receive up to 12 years of service  
            credit for service as an elected officer of an employee  
            organization while on a compensated leave of absence.


          10)Specifies that Retirement Incentive Program documentation is  
            required to be submitted by the employer within 30 calendar  
            days after the last day of the window period for retirement  
            established by the employer for incentive eligibility.


          11)Clarifies that CalSTRS may grant service credit for unused  
            sick leave reported by employers during the last school year  
            in which the member earns creditable compensation.


          12)Adds references to code sections regarding the CalSTRS  
            full-funding plan where they are necessary.


          13)For benefit reductions due to compensation earned in excess  
            of the applicable earnings limit:


             a)   Clarifies that, for retired members, annuitants and  
               members receiving a disability retirement benefit, the  
               amount shall not exceed the monthly allowance payable in  
               that month.


             b)   Clarifies that, for members receiving a disability  








                                                                     AB 991


                                                                    Page  4


               retirement benefit, the total amount shall not exceed the  
               annual allowance payable for the calendar year in which the  
               compensation was earned.


             c)   Clarifies that, for retired members and annuitants, the  
               total amount shall not exceed either, as applicable:


               i)     The annual allowance payable for the fiscal year in  
                 which the compensation was earned following any reduction  
                 made under the zero-dollar earnings limit, or


               ii)    The amount of the allowance payable during the first  
                 180 calendar days from the effective date of the benefit.


          14)Makes various changes to specify and clarify service  
            retirement calculations for members with multiple retirements.  
             


          15)Clarifies that only compensation, including employer-provided  
            health benefit coverage, earned for the performance of retired  
            member or participant activities is subject to the applicable  
            postretirement earnings limit.


          16)Corrects an incorrect reference relating to exceptions for  
            provisions in state law conflicting with federal law for  
            registered domestic partners.


          17)Clarifies that the calculation for the annual adjustment to  
            the compensation cap does not require using the initial  
            compensation cap set by the Public Employees' Pension Reform  
            Act of 2013 (PEPRA) in 2013 for years after 2014.


          18)Defines "system's headquarters office" and removes  
            unnecessary references to Section 22375 in Part 14 of the TRL.








                                                                     AB 991


                                                                    Page  5




          19)Clarifies that although CalSTRS is required to identify  
            credits resulting from rollovers to the CB Benefit Program  
            separately from credits in employee and employer accounts, it  
            will otherwise treat rollover credits as if they are credits  
            to the participant employee and employer accounts.


          The Senate amendments make additional clarifying, technical and  
          conforming changes to the TRL.


          EXISTING LAW: 


          1)Establishes the CB Benefit Program which is a hybrid  
            retirement plan that has attributes of both a defined benefit  
            and defined contribution plan, including employee and employer  
            contributions and annuities.  It was established to provide an  
            alternative retirement program for employees who do not  
            mandate into the DB Program and is optional for employers to  
            offer.  Requirements for mandatory membership into the DB  
            Program depend on the type of employer (preK-12 or community  
            college district) and if that employer offers the CB Benefit  
            Program or if they are a DB-only employer.  The CB Benefit  
            Program is for employees of public schools who are hired to  
            perform creditable service by any of the following:


             a)   School district or county office of education:


               i)     On an hourly or daily basis; or


               ii)    In a contract position for less than 50% of a  
                 full-time position.


             b)   Community college district:









                                                                     AB 991


                                                                    Page  6



               i)     On a part-time or temporary basis not subject to  
                 mandatory membership in the DB Program; or


               ii)    For not more than 67% of a full-time position.


             c)   Governing body of a school district or community college  
               district as a trustee.


          2)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."


          3)Defines "credited service" as service for which the required  
            contributions have been paid.  However, there is a limit  
            established by Internal Revenue Code Section 401(a)(17) on  
            compensation that counts toward the pension of a public  
            employee who first becomes a member on or after July 1, 1996,  
            and no contributions are paid to CalSTRS on compensation in  
            excess of the limit.  The limit is increased based on  
            cost-of-living increases.


          4)Provides an increase of 2% to the minimum guaranteed allowance  
            payable to retired members, their option beneficiaries and  
            surviving spouses.  AB 429 (Correa), Chapter 1027, Statutes of  
            2000, added Section 24410.7 to the Education Code and amended  
            Section 22141 to include Section 24410.7 in the 2% increase.   
            However, the reference to Section 24410.7 within Section 22141  
            is inadvertently written as Section 24110.7. In addition, the  
            term "improvement factor" is not used consistently throughout  
            Section 22141.


          5)Allows the Teachers' Retirement Board to establish a threshold  
            of up to $10 for the processing of a payment or the collection  
            of an overpayment resulting from an adjustment to a benefit or  








                                                                     AB 991


                                                                    Page  7


            other amount paid to a member, participant or beneficiary.  If  
            the amount of the payment or collection is below the  
            threshold, then CalSTRS is not required to issue the payment  
            or collect the overpayment until the amount equals or exceeds  
            the threshold.  This allows CalSTRS to avoid the expense of  
            issuing a payment or collecting an overpayment when the amount  
            is relatively small.  However, there are payments or  
            collections that are not subject to the threshold, requiring  
            CalSTRS to process a payment or collection for small amounts.


          6)Allows a member of the California Public Employees' Retirement  
            System (CalPERS) to elect to retain coverage in CalPERS if the  
            member performs service subject to coverage by the DB Program.  
             However, this option is available only if the service he or  
            she performs requires membership in CalSTRS.  Education Code  
            Section 22508 (c) describes the circumstances under which an  
            eligible CalPERS member can elect to retain CalPERS coverage.   
            Section 22509 requires elections to be filed with the  
            appropriate retirement system and contains an incorrect  
            reference to Education Code Section 22508 (b).


          7)Allows substitute teachers and part-time employees otherwise  
            excluded from mandatory membership to elect membership in the  
            DB Program at any time while employed to perform creditable  
            service. As currently worded, the law specifies that the  
            election is irrevocable and is to remain in effect until the  
            member terminates employment.  This had led some employers and  
            members to incorrectly interpret the law to mean that an  
            individual may make a new election if he or she terminates  
            employment with on employer and begins employment with  
            another.


          8)Authorizes up to 12 years of service credit for specified time  
            on compensated leave as an elected officer of an employee  
            organization.


          9)Establishes the Retirement Incentive Program but does not  
            specify the time period during which an employer is required  








                                                                     AB 991


                                                                    Page  8


            to submit documentation to participate in the Retirement  
            Incentive Program.  Without a specific deadline, there is an  
            impact on CalSTRS' ability to correctly calculate member  
            benefits in a timely manner.  A delay in receiving the  
            documentation also delays CalSTRS' ability to notify members  
            of the postretirement employment restrictions associated with  
            the incentive in a timely manner.


          10)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.


          11)Establishes, through AB 1469 (Bonta), Chapter 47, Statutes of  
            2014, the CalSTRS full-funding plan which made several changes  
            to the sections of the Education Code concerning member,  
            employer and state contributions to the Teachers' Retirement  
            Fund.  Several code references were inadvertently left out of  
            the legislation.


          12)Specifies when compensation is earned for the performance of  
            retired member or participant activities as an employee,  
            independent contractor or an employee of a third party, the  
            amount of the annuity or retirement benefit is reduced dollar  
            for dollar by the amount earned in excess of the earnings  
            limit, including amounts for contributions to tax-sheltered  
            annuities and other tax-favored products.  Under the  
            separation-from-service requirement, annuitants of the CB  
            Benefit Program and retired members of the DB Program are  
            subject to the zero-dollar earnings limit during the first 180  
            calendar days following the most recent effective date of  
            their retirement benefit.  Retired members of the DB Program  
            are also subject to a postretirement earnings limit in which  








                                                                     AB 991


                                                                    Page  9


            the retired member's benefit amount is reduced by the amount  
            earned in excess of the limit.  Member's receiving a  
            disability retirement benefit may be employed or self-employed  
            in any capacity but are subject to a limit on earnings from  
            any such employment.


          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.


          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.


          15)Limits the compensation a retired member or participant may  
            earn for performing retired member or participant activities.   
            A retired member or participant may receive employer-assisted  
            healthcare as a continuation of the employer-provided health  
            benefit coverage he or she received for the performance of  
            creditable service as an employee during active membership.   
            As currently written, existing law could be inadvertently  
            interpreted to mean that employer-provided benefit coverage is  
            compensation that is subject to the earnings limit.  However,  
            the intent of existing law is to capture only compensation  
            earned for the performance of retired member or participant  
            activities and not employer-provided healthcare benefits by  
            virtue of the person's retirement.


          16)Permits establishing a registered domestic partnership by  
            filing a Declaration of Domestic Partnership with the  
            Secretary of State.  Existing law also confers on registered  








                                                                     AB 991


                                                                    Page  10


            domestic partners rights and responsibilities that are the  
            same as those conferred on married couples, including the  
            filing of joint state income tax returns.  However, there are  
            specific exceptions for provisions of state law that are  
            inconsistent with provisions of federal law with respect to  
            domestic partnerships, and there is an incorrect reference in  
            Education Code Section 26002.5 concerning those exceptions.


          17)Defines "salary" for participants in the CB subject to PEPRA,  
            as specified, and limits salary to 120% 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% 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.


          18)Authorizes CalSTRS, pursuant to Education Code Section 22375,  
            to select, purchase or acquire an office building in the  
            greater metropolitan Sacramento area for the purposes of  
            establishing a permanent headquarters facility for the system.  
             In 2009, when construction of the current headquarters  
            building was completed, CalSTRS staff moved into the new  
            headquarters.  Many sections of law continue to refer to  
            Education Code Section 22375.  AB 1379 (Public Employees,  
            Retirement, and Social Security Committee), Chapter 558,  
            Statutes of 2013, defined "system's headquarters office" in  
            Part 13 of the TRL and removed references to Section 22375 in  
            multiple sections of law.  However, the removal of the  
            reference was not provided for in Part 14 of the TRL.


          19)Provides CB Benefit Program participants with the ability to  
            roll over qualified funds into the program.  CalSTRS is  
            required to account for the resulting credits separately from  
            the credits that are held in the employee and employer  
            accounts.  However, the rollover credits are otherwise treated  
            the same as other credits to the participant's employee  
            account.









                                                                     AB 991


                                                                    Page  11



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, one-time costs of $90,000 to $100,000 to CalSTRS  
          (Special Fund).  CalSTRS indicates one-time costs for database  
          changes associated with broadening the types of payments and  
          collection of overpayments eligible for dispensation.


          COMMENTS:  According to CalSTRS, "This bill is necessary to  
          permit continued effective administration of CalSTRS.   
          Administrative costs associated with this bill are estimated to  
          range from $90,000 to $100,000 for changes to the CalSTRS  
          database system to broaden the types of payments and collection  
          of overpayments eligible for dispensation.  However, there would  
          be ongoing savings related to eliminating payments or collection  
          efforts for amounts subject to dispensation.  There are no  
          program costs resulting from this bill."


          Analysis Prepared by:                                             
                          Karon Green / P.E., R., & S.S. / (916) 319-3957   
                                                                      FN:  
          0001060