BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          PUBLIC EMPLOYMENT AND RETIREMENT
                               Dr. Richard Pan, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1692         Hearing Date:     6/13/16
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          |Author:    |Bonilla                                              |
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          |Version:   |1/21/16    As introduced                             |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Pamela Schneider                                     |
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          Subject:  County employees' retirement:  Contra Costa County

            SOURCE:   Contra Costa County Board of Supervisors
          
            ASSEMBLY VOTES:
          
          
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          |Assembly Floor:                 |78 - 0                          |
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          |Assembly Public Employees,      |7 - 0                           |
          |Retirement/Soc Sec Committee:   |                                |
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           DIGEST:    This bill allows the Contra Costa County Board of  
          Supervisors to make the terms and conditions of disability  
          retirement allowances currently available to Tier Three members  
          of the Contra Costa County Employees' Retirement Association  
          (CCCERA) applicable to non-safety members subject to the  
          retirement benefit formula specified in the Public Employees'  
          Pension Reform Act of 2013 (PEPRA).


          ANALYSIS:
          
          Existing law:
          
          1)Establishes comprehensive public employee pension reform  
            through enactment of PEPRA (and related statutory changes)  







          AB 1692 (Bonilla)                                  Page 2 of ?
          
          
            that apply to all public employers and public pension plans on  
            and after January 1, 2013, excluding the University of  
            California and charter cities and counties that do not  
            participate in a retirement system governed by state statute.





          2)Establishes, in PEPRA, a statewide retirement formula for all  
            non-safety public employees first hired on and after January  
            1, 2013.





          3)Establishes the1937 Act County Employees' Retirement Law ('37  
            Act), which governs independent county retirement systems for  
            county and district employees in those counties adopting its  
            provisions.  Currently 20 counties, including Contra Costa  
            County, operate retirement systems under the '37 Act.





          4)Authorizes the Contra Costa County Board of Supervisors to  
            implement a Tier Three retirement plan applicable to  
            non-safety members of CCCERA, as specified.





          5)Sets the terms and conditions of disability retirement  
            allowances for Tier Three members of CCCERA who are  
            permanently disabled due to either a work-related illness or  
            injury after any number of years of service, or any illness or  
            injury after 10 years of service with Contra Costa County.













          AB 1692 (Bonilla)                                  Page 3 of ?
          
          
          6)Establishes a disability retirement allowance for Tier Three  
            members equal to 40% of final compensation, with additional  
            percentages for dependent children, as specified.


          This bill:

          1)Allows the Contra Costa Board of Supervisors to adopt an  
            ordinance making the Tier Three disability retirement benefit  
            applicable to non-safety Contra Costa County employees who are  
            subject to PEPRA.

          2)Specifies that the retiree cost-of-living adjustments payable  
            to disabled Tier Three retirees shall also apply to disabled  
            non-safety retirees subject to PEPRA.

          Background

          With regard to PEPRA, while it made significant changes to  
          retirement formulas and final compensation rules, death and  
          disability benefits were intentionally unaffected. 

          According to the Contra Costa Board of Supervisors:


               Over thirty years ago, Contra Costa-specific legislation  
               was passed to establish a disability retirement benefit for  
               Contra Costa County's Retirement Tier Two (1.13%@55) for  
               non-safety employees.  Tier Two was closed to new members  
               in 2002.  In 1998, County-specific legislation was passed  
               to establish a new Contra Costa County Retirement Tier  
               Three (2%@55) for non-safety employees.  Tier Three  
               expressly incorporated the same disability retirement  
               benefit applicable to Tier Two employees.  This thirty  
               year-old, County-specific, disability retirement benefit  
               continues to apply to current County employees in Tier  
               Three and to new hires with reciprocity.  The Public  
               Employees' Pension Reform Act of 2013 (PEPRA) does not  
               address disability retirement benefits."


          The sponsor concludes, "The County and its recognized employee  
          organization have all agreed that the disability standard and  
          disability retirement benefit applicable to Tier Three applies  
          to new hires who enter the County's and dependent special  








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          districts' PEPRA non-safety tier.  The County and its recognized  
          employee organizations have agreed to jointly seek  
          County-specific legislation to clarify that the current Tier  
          Three disability provisions apply to the PEPRA non-safety tier."


          Related/Prior Legislation
          
          AB 340 (Furutani, Chapter 296, Statutes of 2012) enacted PEPRA,  
          which established statewide pension reform for all public  
          employees fist hired on an after January 1, 2013 except those  
          employed in the University of California and charter cities and  
          counties not participating in a retirement system governed by  
          statute.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             No           Local:          No


          SUPPORT:

          Contra Costa County Board of Supervisors (source)
          California Nurses Association
          Contra Costa County Defender Association
          Contra Costa County Deputy Sheriffs' Association
          Contra Costa County District Attorneys' Association
          Professional & Technical Engineers, Local 21, IFPTE, AFL-CIO
          Public Employees Union, Local 1
          Service Employees International Union, Local 1021
          United Professional Firefighters Contra Costa County, I.A.F.F.,  
          Local 1230
          Western Council of Engineers

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    

          According to the sponsor, AB 1692 will ensure that current  
          Contra Costa County non-safety employees, dependent special  
          district non-safety employees, and new hires subject to the  
          PEPRA non-safety formula will all continue to receive the same  
          disability retirement benefit.
          








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