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
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          |Author:    |Williams                                             |
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          |Version:   |5/27/15    As amended                                |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Pamela Schneider                                     |
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          Subject:  The County Employees Retirement Law of 1937

            SOURCE:  Ventura County Employees' Retirement Association

            ASSEMBLY VOTES:
          
          
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          |Assembly Floor:                 |77 - 0                          |
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          |Assembly Public Employees,      |7 - 0                           |
          |Retirement/Soc Sec Committee:   |                                |
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           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).