BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1052


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          Date of Hearing:   April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1052 (Cooley) - As Introduced February 26, 2015


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          |Policy       |Public Employees,              |Vote:|7 - 0        |
          |Committee:   |Retirement/Soc Sec             |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows the California Public Employees' Retirement  
          System (CalPERS) and the California State Teachers' Retirement  
          System (CalSTRS) to enter into agreements, contracts, and other  
          arrangements for investment-related services under the terms,  
          conditions, and processes established by their respective boards  
          and not under any other state contracting requirements.


          FISCAL EFFECT:


          1)Potentially significant administrative cost savings as a  








                                                                    AB 1052


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            result of reduced staff work and other efficiency gains in  
            contracting for investment-related services.


          2)Unknown, but potentially significant reductions in costs  
            and/or gains in performance for each fund as a result of  
            reductions in opportunity costs associated with current  
            contracting processes and enhanced ability to capitalize on  
            favorable market dynamics.


          COMMENTS:


          1)Purpose.  According to the author, the contract authority in  
            AB 1052 will enhance the boards' ability to strategically  
            allocate assets, increasing value for beneficiaries and the  
            state.  The author believes this contract authority is  
            consistent with existing authority in the state Constitution  
            and will improve the boards' ability to meet their fiduciary  
            obligations.


          2)Competitive Bidding.  Most state agencies, including CalPERS  
            and CalSTRS, must abide by state contracting rules, including  
            competitive bidding requirements.  Competitive bidding is  
            widely considered sound fiscal practice for public entities,  
            and generally helps protect taxpayers from misuse of public  
            funds.  Certain agencies, such as the Housing Finance Agency  
            and Health Benefit Exchange Board, are fully exempt from state  
            contracting rules.  CalPERS is also exempt from competitive  
            bidding requirements with respect to contracting health plans  
            and long-term care insurance plans.  Particular types of  
            contracts are also exempt across all state agencies, such as  
            legal services and proficiency testing services.


          3)Competitive Markets.  As fiduciaries, CalPERS and CalSTRS are  
            bound by standards in the state Constitution and federal law  








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            to invest plan assets in the sole interest of members and  
            beneficiaries.  These fiduciary obligations are sometimes  
            inconsistent with the goals of competitive bidding, leading to  
            unnecessary delays and disincentives for certain financial  
            firms, thereby diminishing fund performance.  With increasing  
            pressure on California's public pensions to deliver greater  
            investment returns, accessing the best products, markets, and  
            managers will become increasingly important for CalPERS and  
            CalSTRS.


          Analysis Prepared by:Joel Tashjian / APPR. / (916)  
          319-2081