BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 834


                                                                    Page  1





          Date of Hearing:  August 31, 2016


                            ASSEMBLY COMMITTEE ON BUDGET


                                 Philip Ting, Chair


          SB  
          834 (Committee on Budget and Fiscal Review) - As Amended August  
          29, 2016


          SENATE VOTE:  25-11


          SUBJECT:  State employment:  memorandum of understanding:   
          Bargaining Unit 2




          SUMMARY:  Provides legislative ratification of the memorandum of  
          understanding (MOU) agreed to by the state and bargaining unit  
          (BU) 2, California Attorneys, Administrative Law Judges and  
          Hearing Officers in State Employment (CASE).  Additionally,  
          amends the definition of State Peace officer / firefighter  
          member to mean the Sergeant-at-Arms of each house of the  
          Legislature who has been designated as peace officers in  
          subdivision (a) of Section 830.36 of the Penal Code, excluding  
          the Chief Sergeant-at-Arms of the Senate.  


          EXISTING LAW:    


             1)   Establishes the Ralph C. Dills Act, which requires the  
               state to collectively bargain with the exclusive  








                                                                     SB 834


                                                                    Page  2





               representatives of employee groups (i.e. bargaining units)  
               regarding wages and working conditions, and to define  
               negotiated agreements in MOUs.


             2)   Establishes the California Department of Human Resources  
               (CalHR) as the official representative of the Governor in  
               all matters related to collective bargaining with state  
               employees.  


             3)   Requires that any MOU between the state and an exclusive  
               representative must be ratified by the Legislature.


             4)   Establishes the California Public Employees' Retirement  
               System (CalPERS), which administers health and retirement  
               benefits for state employees.


             5)   Requires the Legislative Analyst's Office (LAO) to  
               analyze all state MOUs and to provide analyses of an MOU  
               and its fiscal impact to the Legislature within 10 days of  
               receipt of an MOU from CalHR.


             6)   Provides that fully vested state retirees (e.g., with 20  
               or more years of state employment) are entitled to an  
               employer contribution for retiree health care equal to 100%  
               of the weighted average premium of the four health plans  
               most highly utilized by all members.  Dependents are  
               eligible for a contribution based on 90% of the average  
               additional premiums paid for dependents during the benefit  
               year in which the formula applied.  This is referred to as  
               the 100/90 formula.


             7)   Requires the Medicare-eligible retirees enroll in  
               Medicare and chose Medicare-coordinated health plan. Since  








                                                                     SB 834


                                                                    Page  3





               these plans may be cheaper than non-Medicare (or "Basic"  
               plans), thus resulting in some portion of the employer  
               contribution going unused, current law requires that any  
               unused portion of the 100/90 formula contributions may be  
               applied to reimburse retirees for the costs of Medicare  
               Part B premiums.  These reimbursements are made in the form  
               of an additional payment to the retiree on the retirement  
               warrant up to the cost of the Part B premium.  Whether or  
               not a retiree receives Medicare Part B reimbursement in  
               full or in part depends upon the cost of that retiree's  
               health plan.


             8)   Provides that most state employees (those hired after  
               1985 or 1989, depending on class) must work for 10 years to  
               receive 50% of the 100/90 formula, with an additional 5%  
               per year of service until, after 20 years, they are vested  
               to receive 100% of the 100/90 formula.  Individuals hired  
               prior to 1985 or 1989 could be subject to either five or 10  
               year vesting for full coverage of the 100/90 formula.


             9)   Provides that retirees who were covered in certain  
               bargaining units while actively employed will receive an  
               employer retiree health contribution based on the 80/80  
               formula (i.e. 80% of the weighted average premium of the  
               four health plans most highly utilized by all members). 


             10)  Provides that all employer contribution for active state  
               employee health care shall be determined through collective  
               bargaining. 
          FISCAL EFFECT:  Appropriates $32,558,000 for BU 2 for 2016-17.




          COMMENTS:  The following information summarizing the general  
          provision of the MOU was provided by CalHR:








                                                                     SB 834


                                                                    Page  4







          Number of Employees: The BU 2 agreement affects approximately  
          3,890 full-time equivalents.
          Health Benefits:


             1)   Employer Contribution for Active State Employees
                  a.        The state's monthly consolidated benefit  
                    contribution for each employee shall continue to be a  
                    flat dollar amount equal to 80 percent of the weighted  
                    average of the basic health benefit plan premiums of  
                    the four largest enrolled basic health plans. For each  
                    employee with enrolled family members, the employer  
                    shall continue to contribute an additional flat dollar  
                    amount equal to 80 percent of the weighted average of  
                    the additional premiums. The flat dollar amounts shall  
                    be adjusted as appropriate pursuant to the formulas on  
                    January 1, 2017, January 1, 2018, and January 1, 2019.
             2)   Employer Contribution for Future Retirees
                  a.        Employees first hired on or after January 1,  
                    2017, will receive an employer contribution for  
                    retiree health benefits based on an "80/80" formula.  
                    Retirees and their dependents enrolled in a basic  
                    health benefit plan will receive an employer  
                    contribution equal to 80 percent of the weighted  
                    average premium of the four largest basic health  
                    benefit plans based on state active employee  
                    enrollment. Retirees and their dependents enrolled in  
                    a Medicare health benefit plan will receive an  
                    employer contribution equal to 80 percent of the  
                    weighted average premium of the four largest Medicare  
                    health benefit plans based on state retiree  
                    enrollment.



             3)   Prefunding of Other Post-Employment Benefits
                  a.        The state and Bargaining Unit (Unit) 2 members  








                                                                     SB 834


                                                                    Page  5





                    will prefund retiree healthcare with the goal of  
                    reaching 50 percent cost sharing of actuarially  
                    determined total normal cost for employer and  
                    employees by July 1, 2019. The state and employees  
                    will each make the following contributions:
                        i.             Effective July 1, 2017, 0.7 percent  
                         of pensionable compensation.  
                        ii.            Effective July 1, 2018, an  
                         additional 0.6 percent for a total of 1.3 percent  
                         of pensionable compensation. 


                        iii.           Effective July 1, 2019, an  
                         additional 0.7 percent for a total of 2.0 percent  
                         of pensionable compensation. 


             4)   Post-Employment Health and Dental Vesting Schedule
                  a.        All employees first employed by the state on  
                    or after January 1, 2017, will be subject to an  
                    extended vesting schedule providing 50 percent of the  
                    employer contribution upon completion of 15 years of  
                    state service, increasing 5 percent for each  
                    additional year of service, until the employee is 100  
                    percent vested at 25 years of state service.
             5)   Medicare Part B Supplemental Benefit
                  a.        All employees first hired on or after January  
                    1, 2017, will no longer be eligible to use the  
                    employer contribution for a retiree health benefit  
                    plan for Medicare Part B premiums.
          Compensation:


               1)     General Salary Increase (GSI)
                    a.          Effective the first day of the pay period  
                      following ratification, Unit 2 employees shall  
                      receive a 5 percent (5%) GSI.
                    b.          Effective July 1, 2017, Unit 2 employees  
                      shall receive a 5 percent (5%) GSI.








                                                                     SB 834


                                                                    Page  6







                    c.          Effective July 1, 2018, Unit 2 employees  
                      shall receive a 4 percent (4%) GSI.


          Miscellaneous:


             1)   Prohibits the implementation of a furlough program or a  
               mandatory Personal Leave Program during the first year of  
               the agreement. Any furlough during the second or third year  
               must be authorized pursuant to an act of the Legislature  
               (Article 9.21).
             2)   Effective May 1, 2017, and depending on the availability  
               of departmental funds,  the amount of leave that can be  
               cashed out each year shall increase from 20 hours to 80  
               hours (Article 9.23).





             3)   Removes the requirement that a new employee must work  
               two years before receiving the full employer health  
               contribution for dependents (Article 11.1).

             4)   Effective the first day of the pay period following  
               ratification, the lodging reimbursement rate shall increase  
               from $150 to $250 for San Francisco (Article 12.1).

             5)   Incorporates the Wounded Warriors Transitional Leave Act  
               (Chap. 794, Stat. of 2015), which provides up to 96 hours  
               of additional sick leave for an employee hired on or after  
               January 1, 2016, who is a military veteran with a  
               service-connected disability rated 30 percent (New  
               Article).










                                                                     SB 834


                                                                    Page  7





          Duration: July 1, 2016 through July 1, 2019


          REGISTERED SUPPORT / OPPOSITION:  None on file.




          Analysis Prepared by:Genevieve Morelos / BUDGET / (916)  
          319-2099