BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 24
          Author:   Hill (D), et al. 
          Amended:  8/18/16  
          Vote:     21 

           PRIOR VOTES NOT RELEVANT

           SENATE PUBLIC EMP. & RET. COMMITTEE:  3-0, 1/14/16 (Pursuant to  
            Senate Rule 29.10)
           AYES:  Pan, Beall, Hall
           NO VOTE RECORDED:  Morrell, Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-0, 1/21/16
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Bates, Nielsen

           SENATE FLOOR:  29-4, 1/26/16
           AYES:  Allen, Beall, Berryhill, Block, Cannella, De León,  
            Galgiani, Glazer, Hall, Hernandez, Hertzberg, Hill, Hueso,  
            Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza,  
            Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Vidak,  
            Wieckowski
           NOES:  Anderson, Gaines, Moorlach, Morrell
           NO VOTE RECORDED:  Bates, Fuller, Hancock, Nielsen, Runner,  
            Stone, Wolk

           ASSEMBLY FLOOR:  77-1, 8/23/16 - See last page for vote

           SUBJECT:   California Public Employees Pension Reform Act of  
                     2013:  joint powers authority:  employees




           SOURCE:    City of Belmont








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                      City of Foster City
                      City of San Mateo



          DIGEST:  This bill authorizes a Joint Powers Authority (JPA)  
          formed by the Belmont Fire Protection District, The Estero  
          Municipal Improvement District, and the City of San Mateo to  
          provide the JPA employees a defined benefit plan or formula that  
          those employees received as "classic" California Public  
          Employees' Retirement System (CalPERS) members from their  
          employment with the cities.  The language of this bill is  
          substantially the same as statutory language enacted for the  
          Cities of Fullerton and Brea.




          Assembly Amendments change the names of the participants of the  
          JPA from "the Cities of Belmont, Foster City, and San Mateo" to  
          "the Belmont Fire Protection District, the Estero Municipal  
          Improvement District, and the City of San Mateo."


          ANALYSIS: 

          Existing law:
          
          1)Authorizes, under the Joint Exercise of Powers Act, public  
            agencies to enter into agreements to jointly exercise any  
            power common to the contracting parties, including providing  
            for the creation of an agency or entity that is separate from  
            the parties to the agreement and is responsible for the  
            administration of the agreement.

          2)Allows local public employers forming a JPA to contract with  
            CalPERS to offer retirement benefits to their employees if the  
            JPA meets the federal definition of a governmental plan.  The  
            JPA is then a new contracting employer in the retirement  
            system.

          3)Establishes, under the Public Employees' Pension Reform Act of  








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            2013 (PEPRA), a new retirement plan formula and requires  
            public employers to offer the PEPRA formula to new employees  
            first hired into public service after January 1, 2013, as  
            defined.

          4)Requires pre-PEPRA members-referred to as "classic" members by  
            CalPERS-who were first hired into public service prior to  
            January 1, 2013, and who move between public employers within  
            a 180-day time period, to be grandfathered under pre-PEPRA  
            retirement formulas and eligible to receive the benefit plans  
            offered to employees of the public employer on December 31,  
            2012 (i.e., the benefit plan in place prior to PEPRA  
            implementation).

          5)Authorizes a JPA formed by the cities of Brea and Fullerton on  
            or after January 1, 2013, to provide employees who transfer to  
            the JPA from Brea or Fullerton with the "classic" retirement  
            formulas that the employees were receiving from their  
            respective employers within 180 days of the cities providing  
            for the exercise of the common power, to which the employee  
            was associated, by the JPA.

          6)Specifies that on or before January 1, 2017, up to three  
            cities that are contiguous with Brea or Fullerton may join the  
            JPA and extend the same protections, with regard to classic  
            retirement formulas, to their transferred employees.

          7)Clarifies that the formation of the JPA on or after January 1,  
            2013, shall not act in a manner so as to exempt a member from  
            PEPRA who would otherwise be subject to PEPRA.

          This bill:

          1)Permits a JPA formed by the Belmont Fire Protection District,  
            the Estero Municipal Improvement District, and the City of San  
            Mateo on or after January 1, 2013, to provide employees the  
            "classic" retirement formula that the employees received from  
            their respective city employer forming the JPA prior to the  
            JPA's formation.  The language of SB 24 is substantially the  
            same as statutory language enacted for the Cities of Fullerton  
            and Brea.









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          2)Provides that the employee must not be a new member of the  
            retirement system as defined by PEPRA and must be employed by  
            the JPA without a break in service from the employee's  
            respective city employer of more than 180 days.

          3)Prohibits the formation of a JPA on or after January 1, 2013,  
            to act in a manner that exempts a new member from the  
            requirements of PEPRA.  New members may only participate in a  
            plan that conforms to the requirements of PEPRA.

          4)Makes legislative findings and declarations that a special  
            law, rather than a general law, is needed to clarify the  
            benefits and eligibility rules under PEPRA and to maintain the  
            integrity of that act and further its purpose.

          Background

          PEPRA allows classic employees who move between public employers  
          within a 180-day time period to be grandfathered under pre-PEPRA  
          retirement formulas.  Since employers, over time, could have  
          more than one retirement formula for specific classes of  
          employees, PEPRA further specifies that a classic employee who  
          moves between public employers within a 180-day period will  
          receive the benefit formula that the employer was offering on  
          December 31, 2012 (i.e., one day prior to implementation of  
          PEPRA).  A JPA formed after that date would be a new employer in  
          CalPERS and would therefore have no classic formula to offer  
          classic employees.

          SB 1251 (Huff, Chapter 757, Statutes of 2014 ) allowed the  
          cities of Brea and Fullerton, after forming a JPA, to allow  
          transferring employees to retain the retirement formulas they  
          had prior to the formation and implementation of the JPA.

          The Belmont Fire Protection District, the Estero Municipal  
          Improvement District, and the City of San Mateo seek to  
          accomplish the same objective as Brea and Fullerton.

          Related/Prior Legislation
          
          SB 354 (Huff, Chapter 158, Statutes of 2015) clarified the time  
          period during which a CalPERS "classic" member who is employed  








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          in the cities of Brea and Fullerton can transfer to a JPA formed  
          by those two cites and retain classic benefit formulas received  
          prior to the transfer.

          SB 1251 (Huff, Chapter 757, Statutes of 2014) created the  
          current exemption in PEPRA to allow classic employees  
          transferred to a new JPA formed by the cities of Brea and  
          Fullerton after January 1, 2013, to retain their classic  
          retirement benefits following transfer to and employment in the  
          JPA.


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

          According to the Assembly Appropriations Committee, a one-time  
          special fund costs to CalPERS of approximately $200,000 for  
          implementation and systems changes.


          SUPPORT:   (Verified8/19/16)


          City of Belmont (co-source)
          City of Foster City (co-source)
          City of San Mateo (co-source)
          California Professional Firefighters
          San Mateo County Firefighters, IAFF Local 2400


          OPPOSITION:   (Verified8/19/16)


          None received

          ARGUMENTS IN SUPPORT:   According to the author, SB 24  
          "clarifies a pension problem that's preventing the cities of San  
          Mateo, Belmont and Foster City from completing their Joint  
          Powers Agreement for fire service in the region.

          According to the sponsors, the bill "would permit a joint powers  
          authority to be formed by the cities of Belmont, Foster City and  








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          San Mateo while providing employees, who are not new members  
          under PEPRA, with the defined benefit plan that they received  
          from their respective employers as of December 31, 2012."


          Furthermore, the sponsors state that "Fire services  
          (consolidation), under a Joint Powers Authority, is one of the  
          most cost effective and efficient models for providing fire and  
          EMS (Emergency Medical Services) to our communities.  The  
          ability to seamlessly move our current fire employees to a  
          regional JPA could prove to be essential to the success of a  
          fully integrated fire service."

           ASSEMBLY FLOOR:  77-1, 8/23/16
           AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            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, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, 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, Wood, Rendon
           NOES:  Williams
           NO VOTE RECORDED:  Gray, Mayes



          Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
          8/23/16 20:06:39


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