BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1692|
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                                   THIRD READING 


          Bill No:  AB 1692
          Author:   Bonilla (D) 
          Introduced:1/21/16  
          Vote:     21 

           SENATE PUBLIC EMP. & RET. COMMITTEE:  5-0, 6/13/16
           AYES:  Pan, Morrell, Beall, Hall, Moorlach

           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  
            vote

           SUBJECT:   County employees retirement:  Contra Costa County


          SOURCE:    Contra Costa County Board of Supervisors

          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)  
            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.








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          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.





          6)Establishes a disability retirement allowance for Tier Three  








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            members equal to 40% of final compensation, with additional  
            percentages for dependent children, as specified.



          This bill:

          1)Allows the Contra Costa County 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 County 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  








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          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  
          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.:NoLocal:    No


          SUPPORT:   (Verified6/14/16)


          Contra Costa County Board of Supervisors (source)
          California Nurses Association
          Contra Costa County Defenders 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 of Contra Costa County,  
          I.A.F.F., Local 1230
          Western Council of Engineers


          OPPOSITION:   (Verified6/14/16)









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          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.

          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Pamela Schneider / P.E. & R. / (916) 651-1519
          6/14/16 16:52:06


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