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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