BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1878


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          Date of Hearing:  April 20, 2016 


           ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL  
                                      SECURITY


                                  Rob Bonta, Chair


          AB 1878  
          (Jones-Sawyer) - As Amended March 28, 2016


          SUBJECT:  Public Employees' Retirement System: school members:  
          postretirement death benefit


          SUMMARY:  Increases the postretirement death benefit paid to the  
          beneficiary of a school member of the California Public  
          Employees' Retirement System (CalPERS) from $2,000 to not less  
          than $5,000 and authorizes the CalPERS Board of Administration  
          to adjust the death benefit after each actuarial valuation based  
          on changes in the All Urban California Consumer Price Index.





          EXISTING LAW:  The California Public Employees' Retirement Law  
          provides varying levels of death benefits according to  
          membership category and status, each providing a "lump-sum" of  
          money to survivors at the time of the member's death.  The  
          original lump-sum death benefit of $300 for all retired CalPERS  
          members was enacted in 1945.  However, over the years, the  
          Legislature began to provide different benefit levels to  
          different categories of members: state, school, local, Judges'  
          Retirement Systems (JRS and JRS II), Legislators' Retirement  
          System (LRS), active, and retired.








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          Currently, state and school members have a retiree death benefit  
          of $2,000.  School employers also have the ability to amend  
          their individual contracts with CalPERS to provide enhanced  
          retiree death benefits of $3,000, $4,000 or $5,000.  Local  
          members have a minimum benefit of $500, with an option to  
          provide up to $5,000 through contract amendment.  Members of JRS  
          have no retiree burial benefit, while members of LRS receive  
          $600.



          The California State Teachers' Retirement System currently  
          provides a lump sum death payment for survivors of retired  
          members of $6,163.  The amount of the death payment may be  
          adjusted by the Teachers' Retirement Board following each  
          actuarial valuation based on changes to the All Urban California  
          Consumer Price Index.





          FISCAL EFFECT:  Unknown.


          COMMENTS:  According to the author, "Classified school employees  
          perform duties that are critical to fostering a positive  
          learning environment for students, including security,  
          janitorial, clerical, transportation, and food service.  Despite  
          their vital importance, these workers are amongst the lowest  
          paid school employees during and after their career.













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          "Furthermore, when district dismissals take place, it is  
          classified employees who are the first to lose their jobs.  It  
          is estimated that 10% of classified employees lost their jobs  
          during the Recession, which does not include the classified  
          employees who took pay cuts.





          "In 1945, a $300 death benefit was established for CalPERS  
          members to cover funeral and burial expenses.  In 2000, the  
          death benefit was raised to $2,000.  Since then funeral costs  
          have increased significantly while the death benefit for CalPERS  
          school employees has remained stagnant.  In 2015, according to  
          the National Funeral Directors Association, the average funeral  
          cost is $7,181; and this does not include costs associated with  
          the cemetery, grave space, or monument, which increases the cost  
          of funerals significantly more.  To cover funeral expenses,  
          surviving family members and loved ones report having to secure  
          high-interest loans, embarrassingly ask community members for  
          assistance, and spend down limited savings."  





          According to supporters, "The death benefit amount provided to  
          different public employee groups varies considerably. The  
          survivors of members of California State Teachers' Retirement  
          System (CalSTRS) and the University of California Retirement  
          System receive $6,163 and $7,500 respectively. The current death  
          benefit amount for classified school employees is far below the  
          actual cost of funerals, putting their survivors in difficult  
          positions upon the death of a loved once.  Classified employees  
          are low-wage workers whose families often do not have the means  
          to pay for funerals.  AB 1878 would better align the death  
          benefit of classified school employees with the actual costs of  
          funerals and with the death benefit received by other  








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          educators."





          Prior legislation:





          AB 507 (Garcia) of 2013 would have increased, over a period of  
          four years, the postretirement death benefit paid to the  
          beneficiary of a school member of CalPERS from $2,000 to $6,000.  
           This bill was held in the Assembly Appropriations Committee.





          AB 2606 (Mendoza) of 2012 would have increased, over a period of  
          four years, the postretirement death benefit paid to the  
          beneficiary of a school member of CalPERS from $2,000 to $6,000.  
           This bill was held in the Assembly Appropriations Committee.





          AB 617 (Davis) of 2011 would have increased the postretirement  
          death benefit paid to the beneficiary of a school member of  
          CalPERS from $2,000 to $6,163.  This bill was not heard in the  
          Assembly PER&SS Committee at the request of the author.













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          SB 1209 (Romero) of 2010 would have increased the postretirement  
          death benefit paid to the beneficiary of a CalPERS school member  
          from $2,000 to $5,000 incrementally over a period of three years  
          with cost of living adjustments (COLA) annually thereafter.   
          This bill failed passage in the Senate Public Employment and  
          Retirement Committee.





          AB 1477 (Krekorian) of 2009, would have increased the  
          postretirement death benefit paid to the beneficiary of a  
          CalPERS school member from $2,000 to $6,163.  This bill was held  
          in the Assembly Appropriations Committee.





          AB 844 (Negrete McLeod) of 2005 would have increased the  
          postretirement death benefit for state members of CalPERS who  
          retired on or before July 1, 2006 from $2,000 to $5,000.  This  
          bill was held in the Assembly Appropriations Committee.





          AB 2688 (Alquist) of 2002, would have increased the various  
          death benefits paid to all members and retirees in the  
          retirement systems administered by CalPERS to $7,500.  This bill  
          was held in the Assembly Appropriations Committee.





          AB 1162 (Alquist) of 2001, would have increased from $2,000 to  








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          $5,000 the lump sum death benefit available to retired CalPERS  
          state and school members who retired on or before


           July 3, 2002, and whose death occurred on or after January 1,  
          2001.  This bill was held in the Assembly Appropriations  
          Committee.





          AB 50 (Migden), Chapter 947, Statutes of 2000, raised the death  
          benefit for retired school members from $600 to $2,000.





          AB 1829 (Correa) of 2000, would have increased the death benefit  
          for both state and school members who retired prior to July 3,  
          2001 to $5,000.  This bill was held in the Assembly  
          Appropriations Committee.





          AB 1640 (Migden), Chapter 296, Statutes of 1998, authorized  
          school employers and contracting agencies the option to amend  
          their contract to provide a $2,000, $3,000, $4,000, or $5,000  
          lump sum retired member death benefit.





          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California Federation of Teachers (Sponsor)


          California Labor Federation


          California School Employees Association


          California Teachers Association


          Service Employees International Union




          Opposition


          None on file




          Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)  
          319-3957














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