BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 24, 2015 


           ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL  
                                      SECURITY


                                  Rob Bonta, Chair


          SB  
          216 (Pan) - As Amended June 3, 2015


          SENATE VOTE:  34-0


          SUBJECT:  The Public Employees' Retirement System.


          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)Repeals an obsolete statute dating from 1987 that required  
            CalPERS to give first priority to investing not less than 25%  
            of all funds available for new investment in a fiscal year to  
            investment securities and products related to specified real  
            property located in the state.  This bill also eliminates  
            corresponding obsolete reporting requirements.

          2)Clarifies that CalPERS' authority to audit to determine the  
            correctness of benefits also applies to determining the  








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            eligibility for benefits.



          3)Changes, from quarterly to semi-annually, the period by which  
            CalPERS must produce its asset and performance report and  
            submit it to the Legislature.  This bill also eliminates the  
            requirement that the report include the cost basis for  
            CalPERS' holdings and instead requires that the report include  
            asset performance data based on a time-weighted return and a  
            comparison to alternative portfolios based on policy  
            benchmarks approved by the CalPERS board.



          4)Clarifies that a member, upon return to active state service  
            following an employer-approved leave due to serious illness or  
            injury, may elect to purchase additional service credit for  
            the uncompensated period of absence.  This is consistent with  
            current business practices and processes.



          5)Clarifies that a member who wishes to purchase service credit  
            for an approved medical leave or parental leave must do so  
            after returning to active public employment and prior to  
            retirement.





          EXISTING LAW: 





          1)Grants CalPERS, under the California Constitution, plenary  








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            authority over investment decisions and specifically  
            authorizes CalPERS to invest in accordance with modern  
            portfolio theory.

          2)Grants CalPERS broad authority to review the records of local  
            government employers that have chosen to contract with CalPERS  
            for retirement benefits to ensure that individuals are  
            receiving the benefits to which they are entitled.  Employers  
            are required to provide any information that CalPERS requires  
            in the administration of the System.





          3)Requires CalPERS to submit a review of its assets to the  
            Legislature and contracting agencies on a quarterly basis and  
            provides that the report include specific information,  
            including the cost basis and market value of investments by  
            asset class.



          4)Provides that a CalPERS member who returns to active service  
            after an approved medical leave or parental leave may purchase  
            service credit for that period of absence, as specified.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  CalPERS annually sponsors "housekeeping" legislation  
          to provide technical and non-controversial amendments to  
          portions of the Government Code that CalPERS administers.











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          Proposition 162 granted public retirement systems plenary  
          authority over the systems' investment programs.  Moreover,  
          Proposition 21 authorized public retirement systems to invest  
          assets in accordance with modern portfolio theory.  Certain  
          requirements in the statutes predate these constitutional  
          changes and this bill repeals and updates certain of these  
          outdated provisions with regard to CalPERS' investment program.





          Some investment program reporting requirements have also become  
          outdated and do not reflect current practices.  According to  
          CalPERS, this bill will save money by allowing CalPERS to sync  
          legislative reporting with other investment reports CalPERS  
          produces, include more useful information while eliminating  
          requirements for information that CalPERS does not currently  
          provide, and allow more flexibility in reporting to keep current  
          with industry standards as they change in the future.



          While CalPERS staff have the authority to review whether  
          individuals were eligible to receive the retirement benefits  
          they have received, some CalPERS contracting employers have  
          unsuccessfully argued that because existing law does not  
          explicitly use the word 'eligibility' then the employers do not  
          have to provide relevant records to CalPERS auditing staff.   
          This bill simply clarifies existing law on this point in order  
          to avoid future misunderstandings.





          Finally, CalPERS' general rules regarding service credit  








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          purchases require that an individual must be actively employed  
          by a CalPERS employer or one of the reciprocal public employers  
          at the time of the service credit purchase election.  The  
          election must be made prior to the retirement election.  Two  
          individual service credit elections do not make this  
          specifically clear, creating confusion for individuals who wish  
          to purchase service credit under those options.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Public Employees' Retirement System (Sponsor)




          Opposition


          None on file




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












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