BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 848|
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                                 UNFINISHED BUSINESS


          Bill No:  SB 848
          Author:   Committee on Budget and Fiscal Review  
          Amended:  6/12/16  
          Vote:     21  

          SENATE FLOOR:  Not relevant

          ASSEMBLY FLOOR:  Not available

           SUBJECT:   State employment


          SOURCE:    Author
          
          DIGEST:  This bill makes necessary statutory and technical  
          changes to the labor-related provisions of the Budget Act of  
          2016. Additionally, provides legislative ratification for the  
          memoranda of understanding (MOU) agreed to by the state and  
          bargaining unit (BU) 12 represented exclusively by the  
          International Union of Operating Engineers. 

          Assembly Amendments delete the Senate version of the bill and  
          insert the current language.

          ANALYSIS:

          BU 12 MOU - The following information summarizes the general  
          provisions of the MOU:

          Number of Employees:  The BU 12 agreement affects approximately  
          10,778 full-time equivalents, and includes the following  
          agreements:

          Health Benefits









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           1) Employer Contribution for Active State Employees.  Effective  
             the pay period following ratification, the state's monthly  
             health 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 increased as  
             appropriate, pursuant to the formulas on January 1, 2017,  
             January 1, 2018, and January 1, 2019.

           2) Employer Contribution for Future Retirees.  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.  The state and  
             BU 12 members 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:

              a)    Effective July 1, 2017, 1.4 percent for a total of 1.9  
                percent of pensionable compensation.


              b)    Effective July 1, 2018, an additional 1.4 percent for  
                a total of 3.3 percent of pensionable compensation.


              c)    Effective July 1, 2019, an additional 1.3 percent for  








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                a total of 4.06 percent of pensionable compensation.

           4) Post-Employment Health and Dental Benefit Vesting Schedule.   
             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 five  
             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.  All employees first  
             hired on or after January 1, 2017, will no longer be eligible  
             to use the employer contribution for retiree health benefits  
             for Medicare Part B premiums.

          Compensation

           6) General Salary Increase (GSI)

              a)    Effective July 1, 2016, BU 12 employees shall receive  
                a three percent GSI.


              b)    Effective July 1, 2017, all BU 12 employees shall  
                receive a four percent GSI.


              c)    Effective July 1, 2018, all BU 12 employees shall  
                receive a three percent GSI.

           7) Special Salary Adjustments

              a)    Effective July 1, 2016 and 2017, BU 12 employees in  
                specified heavy equipment mechanic classifications shall  
                receive a special salary adjustment of five percent.


              b)    Effective July 1, 2016, BU 12 employees in specified  
                electrician classifications shall receive a special salary  
                adjustment of five percent.










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              c)    Effective July 1, 2016, and 2017, BU 12 employees in  
                specified telecommunications technician classifications  
                shall receive a special salary adjustment of five percent.

           8) Uniform Allowance

              a)    Increases the uniform reimbursement from $470 to $670  
                for full-time employees that work for the Department of  
                Parks and Recreation, or the Department of Forestry and  
                Fire Protection.


              b)    Provides an annual footwear allowance of $82 for  
                specified permanent full-time employees that work for the  
                Department of Corrections and Rehabilitation or the  
                California Highway Patrol.

          Miscellaneous

           9) Leave Cash Out, Additional Sick Leave, Overtime Meal  
             Allowance, Monthly Payroll Cycle

              a)    Increases the amount of leave that can be cashed out  
                annually from 20 hours to 80 hours, depending on the  
                available department funds effective May 1, 2017.


              b)    Incorporates the Wounded Warriors Transitional Leave  
                Act to provide up to 96 hours of additional sick leave for  
                employees hired after January 1, 2016, who are military  
                veterans and have a service connected disability rated 30  
                percent.


              c)    Increases the Overtime Meal Allowance from $6.00 to  
                $8.00, effective approximately three months after  
                ratification, for employees that work for the Department  
                of Transportation (Caltrans).


              d)    Converts all Caltrans employees to a monthly payroll  
                cycle and provides a one-time supplemental payment  








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                equivalent to the employee's existing semi-monthly gross  
                salary, not to exceed $1,200 effective approximately three  
                months after ratification.

          Duration

           10)July 1, 2015 through July 1, 2019.

          Judicial Branch Employee Benefits

           11)Post-Employment Health and Dental Benefit Vesting Schedule.   
             A judicial branch employee first employed by the state on or  
             after January 1, 2017, will be subject to a vesting schedule  
             providing 50 percent of the employer contribution upon  
             completion of 15 years of state service, increasing five  
             percent for each additional year of service, until the  
             employee is 100 percent vested at 25 years of state service.

           12)Employer Contribution for Future Retirees.  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.

           13)Prefunding of Other Post-Employment Benefits.  The state and  
             state employees in the judicial branch 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:

              a)    Effective July 1, 2016, 1.4 percent of pensionable  
                compensation.










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              b)    Effective July 1, 2017, up to an additional 1.5  
                percent for a total employee contribution of up to three  
                percent of pensionable compensation. The additional amount  
                shall be determined by the Director of Finance no later  
                than April 1, 2017. 

           14)Medicare Part B Supplemental Benefit.  All employees first  
             hired on or after January 1, 2017, will no longer be eligible  
             to use the employer contribution for retiree health benefits  
             for Medicare Part B premiums.

           15)Employee Pension Contribution.  Increases the employee  
             pension contribution on or after July 1, 2017, from five  
             percent to eight percent. 

           16)Judges Salary Survey.  Clarifies the statutory methodology  
             used to calculate the annual salary adjustment for state  
             judges and justices to include both salary increases and  
             decreases to be considered when calculating the average state  
             wage growth for purposes of adjusting salaries of judges and  
             justices. 

          Civil Service Improvement

           17)Exempt Employee Reinstatement.  Simplifies the exempt  
             appointee reinstatement guidelines by consolidating various  
             periods which an employee is required to make a request for  
             reinstatement. The new guidelines require no break in state  
             service, and submittal of a request within 10 working days  
             after the effective date of termination, regardless of exempt  
             appointment type. If an employee seeks reinstatement after  
             more than 10 working days after the effective date of  
             termination, reinstatement is at the discretion of the  
             appointing power. Provides exempt appointees who have at  
             least five years of state service, within four years of  
             termination, a right to obtain civil service appointment list  
             eligibility by taking a deferred examination for any class  
             that has a current eligible list and for which the employee  
             meets the minimum qualifications of the class.

           18)Leave Credit.  Specifies that an overpayment of leave  
             credits to state employees occurs when the employee receives  








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             compensation in exchange for leave erroneously credited to  
             the employee for the purposes of an action to recover  
             overpayment. 

           19)Training.  Specifies managers, supervisors and career  
             executive assignment employees will be required to complete  
             various leadership training and development as prescribed by  
             the department.

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

          The Senate Budget and Fiscal Review Committee writes:

            According to the California Department of Human Resources  
            (CalHR), BU 12's MOU results in the following costs:
          
                 Fiscal Year 2016-17: $37.9 million ($12.4 million  
               General Fund)
                 Total Incremental Cost: $139.5 million ($44.3 million  
               General Fund)
                 Total Budgetary Cost: $396.9 million ($126.5 million  
               General Fund)

            In addition, according to CalHR roughly $5 million General  
            Fund a year will be absorbed within departmental resources for  
            costs associated with leave cash out. 

            Judicial Branch Employee Benefits will result in $9.9 million  
            General Fund costs. 


          SUPPORT:   (Verified6/14/16)


          None received


          OPPOSITION:   (Verified6/14/16)


          None received








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          Prepared by:  Anita Lee / B. & F.R. / (916) 651-4103
          6/15/16 15:03:16


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