BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW 
                              Senator Mark Leno, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1627         Hearing Date:    August 17,  
          2016
           ----------------------------------------------------------------- 
          |Author:   |Committee on Budget                                   |
          |----------+------------------------------------------------------|
          |Version:  |August 11, 2016    As amended                         |
           ----------------------------------------------------------------- 
           ---------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:    |Yes              |
           ---------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Anita Lee                                             |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

             Subject:  State employment:  memorandum of understanding:   
                                  Bargaining Unit 7


          Summary: Provides legislative ratification for the memoranda of  
          understanding (MOU) agreed to by the state and Bargaining Unit  
          (BU) 7, which includes protective service and public safety  
          employees represented by the California Statewide Law  
          Enforcement Association.

          Existing Law:
          
          1)Establishes the Ralph C. Dills Act, which requires the state  
            to collectively bargain with the exclusive representatives of  
            employee groups (i.e. bargaining units) regarding wages and  
            working conditions, and to define negotiated agreements in  
            MOUs.

          2)Establishes the California Department of Human Resources  
            (CalHR) as the official representative of the Governor in all  
            matters related to collective bargaining with state employees.

          3)Requires that any MOU between the state and an exclusive  
            representative must be ratified by the Legislature.

          4)Establishes the California Public Employees' Retirement System  
            (CalPERS), which administers health and retirement benefits  
            for state employees.








          AB 1627 (Committee on Budget)                           Page 2  
          of ?
          
          
          5)Requires the Legislative Analyst's Office (LAO) to analyze all  
            state MOUs and to provide analyses of an MOU and its fiscal  
            impact to the Legislature within 10 days of receipt of an MOU  
            from CalHR.

          6)Provides that fully vested state retirees (e.g., with 20 or  
            more years of state employment) are entitled to an employer  
            contribution for retiree health care equal to 100 percent of  
            the weighted average premium of the four health plans most  
            highly utilized by all members. Dependents are eligible for a  
            contribution based on 90 percent of the average additional  
            premiums paid for dependents during the benefit year in which  
            the formula is applied. This is referred to as the 100/90  
            formula.

          7)Requires that Medicare-eligible retirees enroll in Medicare  
            and choose a Medicare-coordinated health plan. Since these  
            plans may be cheaper than non-Medicare (or "Basic" plans),  
            thus resulting in some portion of the employer contribution  
            going unused, current law requires that any unused portion of  
            the 100/90 formula contributions may be applied to reimburse  
            retirees for the costs of Medicare Part B premiums. These  
            reimbursements are made in the form of an additional payment  
            to the retiree on the retirement warrant up to the cost of the  
            Part B premium. Whether or not a retiree receives the Medicare  
            Part B reimbursement in full or in part depends upon the cost  
            of that retiree's health plan.

          8)Provides that most state employees (those hired after 1985 or  
            1989, depending on class) must work for 10 years to receive 50  
            percent of the 100/90 formula, with an additional five percent  
            per year of service until, after 20 years, they are vested to  
            receive 100 percent of the 100/90 formula. Individuals hired  
            prior to 1985 or 1989 could be subject to either five year or  
            10 year vesting for full coverage of the 100/90 formula.

          9)Provides that retirees who were covered in certain bargaining  
            units while actively employed will receive an employer retiree  
            health contribution based on the 80/80 formula (i.e., 80  
            percent of the weighted average premium of the four health  
            plans most highly utilized by all members).

          10)         Provides that the employer contribution for active  
            state employee health care shall be determined through  








          AB 1627 (Committee on Budget)                           Page 3  
          of ?
          
          
            collective bargaining. 

          Proposed  
          Law:  AB 1627 would ratify the proposed BU 7 MOU provisions,  
          effective July 2, 2016 through July1, 2019 and affecting  
          approximately 7,204 full-time equivalent positions, as  
          summarized by CalHR below:

          HEALTH BENEFITS

           1)Employer Contribution for Active State Employees  . The state's  
            monthly consolidated benefit contribution for each employee  
            shall continue to be a flat dollar amount equal to 80 percent  
            of the weighted average of the basic health benefit plan  
            premiums of the four largest enrolled basic health plans. For  
            each employee with enrolled family members, the employer shall  
            continue to contribute an additional flat dollar amount equal  
            to 80 percent of the weighted average of the additional  
            premiums. The flat dollar amounts shall be increased as  
            appropriate pursuant to the formulas on January 1, 2017,  
            January 1, 2018, and January 1, 2019.

           2)Employer Contribution for Future Retirees  . Employees first  
            hired on or after January 1, 2017, will receive an employer  
            contribution for retiree health benefits based on an "80/80"  
            formula. Retirees and their dependents enrolled in a basic  
            health benefit plan will receive an employer contribution  
            equal to 80 percent of the weighted average premium of the  
            four largest basic health benefit plans based on state active  
            employee enrollment. Retirees and their dependents enrolled in  
            a Medicare health benefit plan will receive an employer  
            contribution equal to 80 percent of the weighted average  
            premium of the four largest Medicare health benefit plans  
            based on state retiree enrollment.

           3)Prefunding of Other Post-Employment Benefits  . The state and BU  
            7 members will prefund retiree healthcare with the goal of  
            reaching 50 percent cost sharing of actuarially-determined  
            total normal cost for employer and employees by July 1, 2019.  
            The state and employees will each make the following  
            contributions:

               a.     Effective July 1, 2017, 1.3 percent of pensionable  
                 compensation.  








          AB 1627 (Committee on Budget)                           Page 4  
          of ?
          
          

               b.     Effective July 1, 2018, an additional 1.4 percent  
                 for a total of 2.7 percent of pensionable compensation. 

               c.     Effective July 1, 2019, an additional 1.3 percent  
                 for a total of 4.0 percent of pensionable compensation.

           4)Post-Employment Health and Dental Benefit Vesting Schedule  .  
            All employees first employed by the state on or after January  
            1, 2017, will be subject to an extended vesting schedule  
            providing 50 percent of the employer contribution upon  
            completion of 15 years of state service, increasing five  
            percent for each additional year of service, until the  
            employee is 100 percent vested at 25 years of state service.

           5)Medicare Part B Supplemental Benefit  . All employees first  
            hired on or after January 1, 2017, will no longer be eligible  
            to use the employer contribution for a retiree health benefit  
            plan for Medicare Part B premiums.

          COMPENSATION

           1)General Salary Increase (GSI)


                a.     Effective July 1, 2016, BU 7 employees shall receive  
                 a three percent GSI.  

                b.     Effective July 1, 2017, BU 7 employees shall receive  
                 a three percent GSI.  

                c.     Effective July 1, 2018, BU 7 employees shall receive  
                 a two percent GSI.  

          2)Special Salary Adjustments

                a.     Effective July 1, 2016, BU 7 employees in the public  
                 safety dispatcher, public safety operator, and  
                 communications operator classifications shall receive a  
                 special salary adjustment of five percent.   

                b.     Effective July 1, 2016, BU 7 employees in the motor  
                 carrier specialist I classification shall receive a  
                 special salary adjustment of three percent.  








          AB 1627 (Committee on Budget)                           Page 5  
          of ?
          
          

                c.     Effective July 1, 2016, BU 7 employees in the state  
                 park peace officer (ranger and lifeguard) classifications  
                 shall receive a special salary adjustment of five  
                 percent.   

                d.     Effective July 1, 2016, BU 7 employees in specified  
                 investigator classifications shall receive a special  
                 salary adjustment of five percent.  

                e.     Effective July 1, 2016, BU 7 employees in the agent,  
                 alcoholic beverage control classification shall receive a  
                 special salary adjustment, which will increase the bottom  
                 and top steps of pay ranges. After this special salary  
                 adjustment and the GSI, these employees will receive up  
                 to a 22 percent pay increase over the course of the MOU. 

                f.     Effective July 1, 2016, BU 7 employees in the  
                 coordinator (fire and rescue services, and law  
                 enforcement) classifications shall receive a special  
                 salary adjustment, which will increase the bottom and top  
                 steps of pay ranges for these classifications. After this  
                 special salary adjustment and GSI, these employees will  
                 receive up to a 36 percent pay increase over the course  
                 of the MOU.  


          3)Longevity Peace Officer Pay Differential 

                a.     Effective the first day of the pay period following  
                 ratification, each step of the longevity pay differential  
                 for peace officers shall be increased by one percent.


           4)Education Incentive Pay


                a.     Effective the first day of the pay period following  
                 ratification, the monthly education incentive pay shall  
                 increase from $50 to $75 for an Associate of Arts or  
                 Associate of Science degree and from $100 to $125 for a  
                 Bachelor of Arts or Bachelor of Science degree.










          AB 1627 (Committee on Budget)                           Page 6  
          of ?
          
          
           5)Uniform Allowance


                a.     Effective the first day of the pay period following  
                 ratification, the uniform replacement allowance shall be  
                 increased as follows:


                    o           From $640 to $950 for full-time employees  
                      in specified classifications;

                    o           From $540 to $640 for less than full-time  
                      employees in specified classifications; 

                    o           From $20 to $55 for specified Lifeguards; 
                    o           From $385 to $950 for oil spill prevention  
                      specialist;
                    o           From $450 to $950 for communications  
                      operators employed at Department of Forestry and  
                      Fire Protection.

               a.     Effective the first day of the pay period following  
                 ratification, specified employees shall receive a uniform  
                 maintenance and cleaning allowance of $25 per month.

               b.     Effective the first day of the pay period following  
                 ratification, employees in the motor carrier specialist I  
                 and school pupil transportation safety coordinator  
                 classifications shall receive an annual boot  
                 reimbursement of $150.


          MISCELLANEOUS


          1)The maximum amount of leave that can be deducted from each  
            employee for the Union Release Time Bank shall increase from  
            1.5 hours to two hours.


          2)Effective May 1, 2017, and depending on the availability of  
            departmental funds,  the amount of leave that can be cashed  
            out each year shall increase from 20 hours to 80 hours.









          AB 1627 (Committee on Budget)                           Page 7  
          of ?
          
          

          3)Incorporates the Wounded Warriors Transitional Leave Act  
            (Chapter 794, Statutes of 2015) which provides up to 96 hours  
            of additional sick leave for an employee hired on or after  
            January 1, 2016, who is a military veteran with a  
            service-connected disability rated 30 percent.


          4)Allows an employee to transfer up to three months of leave  
            credits to a family member under certain conditions.


          5)Removes the requirement that a new employee must work two  
            years before receiving the full employer health contribution  
            for dependents. 


          6)Effective the first day of the pay period following  
            ratification, the lodging reimbursement rates shall increase  
            from $125 to $140 for Alameda, San Mateo, and Santa Clara  
            counties and from $150 to $250 for San Francisco. 

          7)Effective the first day of the pay period following  
            ratification, the Overtime Meal Allowance shall increase from  
            $7.50 to $8.00.

          8)Requires the state to provide specified items of protective  
            equipment based on an employee's classification and place of  
            employment.

          9)Effective the first day of the pay period following  
            ratification, physical fitness pay shall be included in  
            regular base pay, and will no longer be contingent on an  
            employee's physical condition.

          10)Extends the amount of time between voluntary transfers from  
            12 months to 24 months for special agents and special agent  
            supervisors at the Department of Justice.

          11)Requires special agents and special agent supervisors at  
            Department of Justice who reinstate or are hired from a  
            reemployment list to work 24 months before requesting a  
            voluntary transfer.









          AB 1627 (Committee on Budget)                           Page 8  
          of ?
          
          
          Fiscal  
          Effect:  According to CalHR, BU 7's MOU results in the following costs:
          
                     Fiscal Year 2016-17: $38.6 million ($9.7 million  
                 General Fund)
                     Total Incremental Cost: $91.5 million ($24.8 million  
                 General Fund)
                     Total Budgetary Cost: $267.9 million ($71.3 million  
                 General Fund)

          In addition, according to CalHR roughly $4 million General Fund  
          a year will be absorbed within departmental resources for costs  
          associated with leave cash out. 

          Support:   None on file.
          
          Opposed:  None on file.
          

          
                                      -- END --