BILL ANALYSIS Ó AB 1052 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1052 (Cooley) - As Introduced February 26, 2015 ----------------------------------------------------------------- |Policy |Public Employees, |Vote:|7 - 0 | |Committee: |Retirement/Soc Sec | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 AB 1052 Page 3 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