BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1291


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          ASSEMBLY THIRD READING


          AB  
          1291 (Williams)


          As Introduced  February 27, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                  |
          |----------------+------+---------------------+----------------------|
          |Public          |7-0   |Bonta, Waldron,      |                      |
          |Employees       |      |Cooley,              |                      |
          |                |      |Jones-Sawyer,        |                      |
          |                |      |O'Donnell, Rendon,   |                      |
          |                |      |Wagner               |                      |
           -------------------------------------------------------------------- 


          SUMMARY:  Makes the Ventura County retirement system (System) an  
          independent, public employer district within the Ventura County  
          Employees' Retirement Association (VCERA) and authorizes the  
          System to appoint specified positions as "at will" employees,  
          exempt from the county civil service system, as specified.   
          Specifically, this bill:  


          1)Includes the System in the definition of "district" for purposes  
            of the County Employees' Retirement Law of 1937 ('37 Act).


          2)Authorizes the System, upon adoption of a resolution of the  
            retirement board, to appoint an administrator, assistant and  
            subordinate administrators, investment officers, and legal  








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            counsel who will be classified as "at will" employees, exempt  
            from the county civil service system.  These appointed employees  
            will be employees of the retirement system, not the county, and  
            will be subject to the terms and conditions of employment  
            established by the board of retirement.


          3)Provides that the compensation for these appointed employees  
            will be treated as an expense of the administration of the  
            retirement system, as specified.


          EXISTING LAW:  


          1)Establishes the '37 Act which governs 20 independent county  
            retirement associations, including VCERA.


          2)Defines specified districts formed under the law of the state,  
            located wholly or partially within a county and states that  
            these districts are public employers whose employees are  
            eligible to participate in their respective '37 Act county  
            retirement associations.


          3)Provides Orange, San Bernardino, and Contra Costa county  
            retirement systems authority to be independent districts within  
            their respective retirement associations and the statutory  
            employer for purposes of determining their employees'  
            compensation and benefits, as specified.


          4)Establishes the Public Employees' Pension Reform Act of 2013  
            (PEPRA), which requires, as of January 1, 2013, comprehensive  
            and statewide reform for the state's public pension systems and  
            plans and public employers and employees.










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          5)Provides, under the provisions of PEPRA, '37 Act retirement  
            boards with more independence to perform audits and assess  
            penalties relating to pension spiking.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "There are many benefits to  
          becoming an independent district, but most applicable to Ventura  
          County is the ability to recruit and retain specially trained  
          staff with compensation that's competitive with the private  
          sector.  Further, by allowing the retirement system a degree of  
          separation from the County, this bill enhances the ability of the  
          retirement system to implement and enforce the 2012 Public  
          Employee Pension Reform Act (PEPRA), including enforcement of the  
          new anti-spiking statutes by making it less uncomfortable to  
          report spiking.  In other words, it better equips them to carry  
          out their fiduciary responsibility of managing employee retirement  
          funds."


          Supporters state, "PORAC, as well as our member association, the  
          Ventura County Deputy Sheriffs' Association (VCDSA), supports the  
          fair and equitable administration of the county retirement system  
          in accordance with the law.  AB 1291 will provide assurance that  
          the Ventura County Board of Retirement has the means at its  
          disposal to accomplish that goal."


          There is no opposition on file.




          Analysis Prepared by:                                               
                          Karon Green / P.E.,R., & S.S. / (916) 319-3957   
          FN: 0000292








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