BILL ANALYSIS Ó AB 2375 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY Rob Bonta, Chair AB 2375 (Committee on Public Employees, Retirement, and Social Security) - As Introduced February 18, 2016 SUBJECT: Public Employees' Retirement System: omnibus bill SUMMARY: Makes various technical and non-controversial changes to various sections of the Government Code governing the California Public Employees' Retirement System (CalPERS) to maintain and ensure effective administration of the system. Specifically, this bill: 1)Clarifies that the final compensation of a CalPERS member applying for concurrent retirement using their final compensation earnable under the University of California Retirement System or a 1937 Act County Retirement System is based on their highest annual average compensation during any consecutive 12 or 36 month period. 2)Removes language that allows a member to designate his or her highest final compensation period for purposes of calculating retirement benefits because the my|CalPERS system now automatically searches payroll records for a member's highest AB 2375 Page 2 final compensation period when calculating retirement benefits. 3)Clarifies the interest payment owed to CalPERS when contracting agencies do not pay their contributions in a timely manner, by replacing the interest charged for amounts due and unpaid at the actuarial interest rate, with the higher of a 10% interest rate or investment return rate for the prior fiscal year. In addition, it clarifies that the penalty assessment for a contracting agency more than three months delinquent is in addition to the interest charged to contracting agencies until their payment is received. 4)Specifies that CalPERS may take action to reduce member benefits only after their employers' plan has been placed in the Terminated Agency Pool and the employer fails to remit the contributions necessary to fully fund the liabilities of the plan. 5)Specifies a conversion ratio in statute to clarify that one day of unused sick leave or educational leave is equivalent to an eight hour day for purposes of making the necessary conversion to retirement service credit. 6)Changes the interest rate to be paid on delayed payments of death benefits from 6% or the net earnings rate in effect at the time of payment minus expenses, whichever is greater, to a fixed rate of 7% per annum simple (non-compounding) interest, to ensure consistency in payment of death benefits and reduce CalPERS administrative costs. AB 2375 Page 3 7)Provides survivor continuance to same-sex married couples who never entered into a registered domestic partnership and who retired before it was legally possible to marry their same-sex spouse so long as they sign an affidavit that they would have met the conditions had same-sex marriage been legal at the time of their retirement. FISCAL EFFECT: Unknown. COMMENTS: CalPERS annually sponsors "housekeeping" legislation to provide technical and non-controversial amendments to portions of the Government Code that CalPERS administers. REGISTERED SUPPORT / OPPOSITION: Support California Public Employees' Retirement System (Sponsor) Opposition None on file AB 2375 Page 4 Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916) 319-3957