BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT Dr. Richard Pan, Chair 2015 - 2016 Regular Bill No: AB 1291 Hearing Date: 6/08/15 ----------------------------------------------------------------- |Author: |Williams | |-----------+-----------------------------------------------------| |Version: |5/27/15 As amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Pamela Schneider | | | | ----------------------------------------------------------------- Subject: The County Employees Retirement Law of 1937 SOURCE: Ventura County Employees' Retirement Association ASSEMBLY VOTES: ----------------------------------------------------------------- |Assembly Floor: |77 - 0 | |--------------------------------+--------------------------------| |Assembly Public Employees, |7 - 0 | |Retirement/Soc Sec Committee: | | ----------------------------------------------------------------- DIGEST: This bill 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. ANALYSIS: Existing law: 1)Establishes the County Employees Retirement Law of 1937 (CERL or '37 Act), which governs twenty independent county retirement associations, including the VCERA. AB 1291 (Williams) Page 2 of ? 2)Defines "district" as a district 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 and San Bernardino county retirement systems authority to be independent districts within their respective retirement associations and to appoint statutory employees for purposes of determining their compensation and benefits, as specified. 4)Provides the Contra Costa County retirement system with authority to be an independent district within its respective retirement association and to appoint all of its employees for purposes of determining their compensation and benefits, as specified. 5)Requires, when the retirement system becomes a district and the employees become retirement system employees and not county employees, that the employees who had previously been in county service continue to be members of the retirement system without interruption in service or loss of credit and that any new employees of the district become members of the system on the first day of the calendar month following entrance into service. 6)Requires each '37 Act retirement system to annually adopt a budget covering the entire expense of administering the system, which is charged against earnings of the retirement fund, as specified. 7)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. 8)Provides, under the provisions of PEPRA, '37 Act retirement boards with more independence to perform audits and assess penalties relating to pension spiking. 9)In the case of retirement systems that are not independent districts, provides that their employees are county employees subject to the county civil service or merit system rules adopted by the board of supervisors for the compensation of AB 1291 (Williams) Page 3 of ? county officers and employees. This bill: 1)Includes the System in the definition of "district" for purposes of the CERL. 2)Authorizes the System, upon adoption of a resolution of the retirement board, to appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel who 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 personnel appointed by the System who had previously been in county service continue to be members of the retirement system without interruption in service or loss of credit and that any new employees of the district become members of the system on the first day of the calendar month following entrance into service. 4)Provides that the compensation for these appointed employees will be treated as an expense of the administration of the retirement system, as specified. Background Most '37 Act county retirement systems are county agencies and their employees are county employees. However, independent retirement boards have constitutional rights and duties to oversee the systems' administration. In some cases, retirement system personnel can experience conflicts of interest between their status as county personnel and their fiduciary duties as retirement system administrators and officers. Some counties and retirement boards have mutually decided to make their retirement systems independent districts within their applicable retirement associations with either limited or total control over retirement system personnel. Currently, the Orange, San Bernardino, and Contra Costa county retirement systems have statutory authority to be independent districts within their respective retirement associations. Both Orange and San Bernardino retirement systems have authority to appoint specified employees as "at will" employees of the AB 1291 (Williams) Page 4 of ? systems. These positions are generally at the highest administrative and investment levels having oversight of the retirement system. Other employees remain county employees. In the case of Contra Costa County Retirement System, all employees are employees of the system. Prior/Related Legislation SB 673 (DeSaulnier, Chapter 244, Statutes of 2013) made Contra Costa County Retirement System an independent district of the Contra Costa County Retirement Association and made all personnel employees of the retirement system. SB 777 (Soto, Chapter 369, Statutes of 2006) made San Bernardino County Retirement System an independent district of the San Bernardino County Retirement Association and made certain specified personnel employees of the retirement system. AB 1992 (Correa, Chapter 74, Statutes of 2002) made Orange County Retirement System an independent district of the Orange County Retirement Association and made certain specified personnel employees of the retirement system. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No There is no fiscal analysis of this bill. SUPPORT: Ventura County Employees' Retirement Association (source) California Nurses Association California Professional Firefighters California Retired County Employees Association International Union of Operating Engineers, Local 501, AFL-CIO Peace Officers Research Association of California Retired Employees Association of Ventura County Specialized Peace Officers' Association of Ventura County State Association of County Retirement Systems Ventura County Deputy Sheriffs' Association OPPOSITION: None received AB 1291 (Williams) Page 5 of ? ARGUMENTS IN SUPPORT: 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 that AB 1291's provisions ensure enforcement of PEPRA's anti-spiking provisions and the retirement system's ability to hire and retain the talented human capital necessary to effectively manage the retirement system. As stated by the State Association of County Retirement Systems: AB 1291 is consistent with the precedent established in existing law for Orange and San Bernardino counties. Independent district status gives the retirement system the ability to recruit and retain quality professional executive and investment staff. Equally important is that a line of separation from the county administrative staff will ensure that the retirement system will have the unfettered ability to enforce the anti-spiking provisions of the Public Employees' Pension Reform Act of 2013 (PEPRA).