BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 216|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 216
          Author:   Pan (D)
          Amended:  6/3/15  
          Vote:     21  

           SENATE PUBLIC EMP. & RET. COMMITTEE:  5-0, 4/13/15
           AYES:  Pan, Morrell, Beall, Fuller, Hall

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SENATE FLOOR:  34-0, 4/30/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock,  
            Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen,  
            Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
           NO VOTE RECORDED:  Hernandez, Hueso, Morrell, Runner, Vidak

           ASSEMBLY FLOOR:  79-0, 7/16/15 - See last page for vote

           SUBJECT:   The Public Employees Retirement System


          SOURCE:    California Public Employees Retirement System

          DIGEST:   This bill is the California Public Employees  
          Retirement Systems (CalPERS) annual housekeeping bill and makes  
          technical and non-controversial changes to CalPERS-administered  
          portions of the Government Code.

          Assembly Amendments (1) clarify that CalPERS may, during the  
          course of an audit as authorized by existing law to determine  
          the correctness of retirement benefits, require public employers  
          to provide information deemed necessary by CalPERS to determine  
          eligibility for retirement benefits; and (2) make minor  








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          technical amendments to clarify that a member may purchase  
          service credit for a period of uncompensated absence of an  
          employer-approved leave of absence, as specified.

          ANALYSIS: 
          
          Existing law:

          1)Grants CalPERS, under the California Constitution, plenary  
            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 uncompensated absence, as  
            specified.

          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 may, during the course of an audit as  
            authorized by existing law, require public employers to  








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            provide information deemed necessary by CalPERS to determine  
            eligibility for retirement 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 who wishes to purchase service credit  
            for uncompensated absence of an approved medical leave or  
            parental leave must do so after returning to active public  
            employment and prior to retirement.

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

          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.

          Under existing law CalPERS has audit authority to require a  
          public employer to provide any information CalPERS deems  








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          necessary to determine the correctness of retirement benefits.   
          Some CalPERS contracting employers, however, have argued that  
          CalPERS authority is limited to determining the "correctness" of  
          the benefit but not the "eligibility" for the benefit and that  
          they do not have to provide relevant records to CalPERS auditing  
          staff.  Eventually, the employers comply but the misreading of  
          the law causes unnecessary costs and delays.

          Finally, CalPERS' general rules regarding service credit  
          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.

          Prior/Related Legislation
          
          AB 2472 (Assembly Public Employees, Retirement and Social  
          Security Committee, Chapter 237, Statutes of 2014), CalPERS  
          annual housekeeping bill, made technical and non-controversial  
          changes to CalPERS - administered portions of the Government  
          Code.

          SB 215 (Beall, Chapter 778, Statutes of 2013), CalPERS annual  
          housekeeping bill, made technical and non-controversial changes  
          to CalPERS - administered portions of the Government Code.

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


          According to the Assembly Appropriations Committee this bill  
          results in negligible costs to implement administrative and  
          system changes and estimated annual savings of approximately  
          $50,000 as a result of modifying and eliminating certain  
          obsolete reports.


          SUPPORT:   (Verified8/3/15)









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          California Public Employees' Retirement System (source)




          OPPOSITION:   (Verified8/3/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the sponsor, "These  
          changes are clarifying technical or minor policy changes  
          necessary for administrative purposes, identified through the  
          performance of normal business processes."


          ASSEMBLY FLOOR:  79-0, 7/16/15
          AYES:  Achadjian, Alejo, Travis Allen, 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, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Gordon


          Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
          8/13/15 14:31:36


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