BILL ANALYSIS Ó AB 2404 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2404 (Cooley) As Amended August 2, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: | 37-0 |(August 11, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: P.E.,R., & S.S. SUMMARY: Eliminates and combines several of the optional retirement benefit settlements available to members of the California Public Employees' Retirement System (CalPERS), the Judges' Retirement System (JRS I), and the Judges' Retirement System II (JRS II), that retire on or after January 1, 2018, in order to simplify members' retirement choices and administration of these retirement systems. Specifically, this bill: 1)Reduces the number of optional settlement choices for members of CalPERS, JRS I and JRS II that retire on or after December 31, 2017. 2)Allows members of CalPERS, JRS I and JRS II that retire on or after January 1, 2018 to elect an unmodified allowance, as defined, or the following optional settlements: AB 2404 Page 2 a) Return of Remaining Contributions Option 1, b) The 100% Beneficiary Option 2, c) The 100% Beneficiary Option 2 with Benefit Allowance Increase, d) The 50% Beneficiary Option 3, e) The 50% Beneficiary Option 3 with Benefit Allowance Increase, f) The Flexible Beneficiary Option 4, which provides a specified dollar or percentage of the member's unmodified allowance to one or more beneficiaries; and g) Optional Settlement 5, which provides for a partial present distribution of the actuarial present value of a portion of the unmodified monthly allowance of specified members of the State Peace Officer/Firefighter and State Patrol benefits plans. 3)Makes clear in each option that if there is a survivor who is different from the option beneficiary, then the option beneficiary allowance is the amount that exceeds the amount deemed payable to the survivor. 4)Revises and recasts various administrative provisions in connection with optional settlements provided to members of CalPERS, JRS I, and JRS II. 5)Makes clarifying and technical changes to update AB 2404 Page 3 cross-references related to retirement payment options. The Senate amendments restore and recast several existing optional settlements that allow, among other things, a member's monthly allowance to increase to the unmodified level if the member's designated beneficiary predeceases the member. EXISTING LAW: Allows a retiring CalPERS member to receive a lifetime benefit paid to the member alone (the unmodified allowance), or elect one of 12 optional settlements that reduce his or her lifetime benefit in order to provide a lump sum payment or continuing allowance to a designated beneficiary or beneficiaries upon their death. The actuarial reduction to the member's benefit is cost-neutral to CalPERS and is based on his or her age at retirement, and age of the designated beneficiary or beneficiaries. A member must make this irrevocable election once CalPERS has provided an estimate of the modified allowance he or she will receive upon retirement, and based on the option and beneficiary or beneficiaries selected. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: According to the author, "In 2013, CalPERS participated in a Cost Effectiveness Measurement Benchmarking (CEM) Analysis and was found to have the most complicated set of pension payment options when compared with similar retirement systems. Some options are redundant and provide the same benefit using different language. Other options provide adjusted benefits under certain circumstances. These options are infrequently chosen by members and require CalPERS staff to perform manual calculations that slow retirement estimate processing. AB 2404 Page 4 "The complexity of CalPERS' current retirement plan design creates administrative burdens that negatively impacts customer service and educational efforts. This bill streamlines the CalPERS plan design by consolidating redundant retirement options. This bill also simplifies estimate processing, education activities, and payment processes." According to the sponsor of the bill, CalPERS, the changes proposed in this bill will "?simplify members' retirement choices, help mitigate member risk, and improve the customer experience. They will also help to reduce complexity in the administration of the retirement system, simplify our benefit payment processes, and increase the effectiveness of our member counseling activities and communications." Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0003701