BILL ANALYSIS Ó SB 294 Page 1 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. SB 294 Page 2 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 SB 294 Page 3 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 SB 294 Page 4 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 SB 294 Page 5 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." SB 294 Page 6 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 SB 294 Page 7