BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 294


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          Date of Hearing:   June 22, 2016


           ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL  
                                      SECURITY


                                  Rob Bonta, Chair


          SB  
          294 (Pan) - As Amended January 4, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Public employment:  military service:  return to state  
          service


          SUMMARY:  Requires employers that participate in the California  
          Public Employees' Retirement System (CalPERS) to inform  
          returning veterans of their rights to receive CalPERS credit for  
          their periods of active military service, and requires employers  
          to provide veterans with the forms necessary to claim the  
          service credit, as specified.  Specifically, this bill:


            


          1)Requires CalPERS to create a separate and unique form for  
            returning public employee veterans that clearly states that  
            the veteran has no obligation to pay any portion of the  
            employer cost of applicable service credit during the eligible  
            period of military duty.










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          2)Requires CalPERS employers to inform returning veterans of  
            their rights to receive service credit in CalPERS for their  
            periods of military service and requires employers to provide  
            veterans with the appropriate CalPERS form to receive the  
            service credit.



          3)Requires the state employer, on or before March 31, 2017, to  
            inform all state employees in a letter or electronic  
            transmission of the rights of returning veteran employees to  
            receive service credit in CalPERS for their military service  
            at no cost to the returning veterans.



          4)Requires all CalPERS employers, upon hiring a veteran, to  
            inform the veteran of his or her right to purchase service  
            credit in CalPERS for his or her military duty prior to  
            employment and membership in CalPERS.



          EXISTING LAW:   


          1)Requires that a public employee in the CalPERS retirement  
            system who takes a leave of absence to perform active military  
            duty is entitled to certain rights upon return to public  
            employment, including the right to receive salary adjustments,  
            retirement contributions, and applicable service credit in the  
            retirement system as if the individual had been working in his  
            or her job during the period of active military duty, as  
            specified.



          2)Requires the returning veteran, in order to receive the  








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            retirement service credit, to file an application form with  
            CalPERS.



          3)Requires a CalPERS employer to pay the entire cost of the  
            applicable service credit for a returning veteran employee, as  
            specified, once the employee has filed the appropriate form.



          4)Allows a veteran who performed active military duty prior to  
            membership in CalPERS to purchase that military service in the  
            retirement system as additional service credit, as specified.   
            This type of service credit purchase is paid for entirely by  
            the employee with no cost to the employer.



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


          COMMENTS:  According to the author, "Existing law provides that  
          a CalPERS member who goes on active military service is entitled  
          to return to his or her job following discharge from that active  
          service.  In addition, the returning veteran is entitled to  
          receive an employer contribution to CalPERS for credit in  
          CalPERS during the time of the active military service as if the  
          member had remained in his or her CalPERS-covered employment  
          during that time.  This benefit is paid for entirely by the  
          employer and costs nothing to the returning veteran.





          "However, in order to receive this benefit, the veteran must  
          complete a service credit purchase form for CalPERS, and this  








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          requirement has resulted in several problems.  First, some  
          veterans do not realize that they are entitled to the benefit,  
          or they think the benefit is automatic.  If the employer or  
          another individual does not inform the returning veteran of the  
          benefit and how to receive it, he or she may not be aware that  
          an action is required on the veteran's part to receive the  
          benefit.





          "Second, the form CalPERS uses for this benefit is confusing.   
          It is currently combined with another option to allow public  
          employees to purchase military service credit for military  
          service preformed prior to being a public employee.  This type  
          of service credit is costly and some veterans become confused  
          and forgo applying for the service credit they are entitled to  
          at no charge because they mistakenly believe it to be too  
          expensive.  Some veterans go years without applying for this  
          no-cost benefit, or may never apply.





          "Without an application, CalPERS cannot credit service and does  
          not have a record of the applicable military service.  Veterans  
          and their survivors, in some cases, may be losing valuable  
          benefits."





          Supporters state, "SB 294 ensures all veterans are aware of  
          their entitlement and the process to claim the CalPERS credit.   
          The bill requires employers to make returning veterans aware of  
          their eligibility, and also requires employers to provide the  








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          appropriate form to eligible employees.  These two very  
          important steps will assist veterans in receiving a benefit they  
          are not only entitled to, but that they are most deserving of."





          






































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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Highway Patrolmen (Co-Sponsor)


          Peace Officers Research Association of California (Co-Sponsor)


          California Correctional Peace Officers Association


          California Federation of Teachers




          Opposition


          None on file




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










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