BILL ANALYSIS                                                                                                                                                                                                    Ó



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          (Without Reference to File)





          SENATE THIRD READING


          SB  
          848 (Committee on Budget and Fiscal Review)


          As Amended  June 12, 2016


          Majority vote.  Budget Bill Appropriation Takes Effect  
          Immediately


          SENATE VOTE:  25-11




          SUMMARY:  Makes necessary statutory and technical changes to  
          implement the Budget Act of 2016 related to Civil Service  
          improvement provisions.  Additionally, provides legislative  
          ratification of the memoranda of understanding (MOU) agreed to  
          by the state and bargaining unit (BU) 12 represented exclusively  
          by International Union of Operating Engineers (IUOE) and makes  
          other civil service improvement changes.  Specifically, this  
          bill:
          1)Ratifies the MOU agreed to by the state and BU 12.


          2)Makes technical changes to Section 19141 of the Government  
            relating to Civil Service reinstatement to apply only to an  
            employee in an exempt position who previously had permanent  








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            status in civil service.


          3)Amends the conditions for when an employee who vacates a civil  
            service position to accept an appointment to an exempt  
            position shall be reinstated to his or her former position at  
            the termination provided both conditions occur:


             a)   He or she accepted the appointment without a break in  
               the continuity of state service, and


             b)   Within 10 working days after the effective date of the  
               termination, he or she makes a written request to the  
               appointing power to be reinstated to his or her former  
               position.  If an employee accepts an appointment to an  
               exempt position and seeks reinstatement to his or her  
               former position more than 10 working days after the  
               effective date of the termination of the exempt  
               appointment, Section 19140 shall apply. 


          4)Applies the extension or new exempt appointment is terminated,  
            if an employee in an exempt appointment accepts an extension  
            of the exempt appointment or accepts a new exempt appointment  
            with no break in the continuity of state service in an exempt  
            appointment  .


          5)Amends Section 19141.1 of Government Code related to Civil  
            Service Improvement reinstatement, to only apply to employees  
            in an exempt position who have reinstatement rights to their  
            former positions under Section 19141.  


          6)States that within four years of the termination of an  
            appointment in an exempt position, an employee who has  
            completed a minimum of five years of state service experience  








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            shall be given an opportunity upon request 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.


          7)Provides that a candidate appointed through the Limited  
            Examination and Appointment Program (LEAP) is not required to  
            serve a probation period, upon successful completion of the  
            job examination period. 


          8)States that if an overpayment involves leave credits, the date  
            of overpayment is the date that the employee receives  
            compensation in exchange for leave erroneously credited to the  
            employee.  Defines leave hours to be considered exchanged for  
            compensation in the order they were credited for purposes of  
            the section.


          9)Provides that for the development needs for the state's  
            workforce, the department shall analyze, design, develop,  
            implement, and evaluate an integrated development strategy to  
            continually advance employee skills and improve performance  
            productivity and service.


          10)Makes changes for the supervisorial and career executive  
            assignments training and leadership programs along with  
            improved succession planning.  


          11)Adds that notwithstanding Sections 20677and 20687, on and  
            after July 1, 2017, the normal rate of contribution for an  
            employee of the judicial branch who is not subject to Section  
            7522.30 to do the following:










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             a)   For a state miscellaneous member:


               i)     9% of the compensation in excess of $317 per month  
                 paid to a member whose service is not included in the  
                 federal system


               ii)    8% of compensation in excess of $513 per month paid  
                 to a member whose service has been included in the  
                 federal system.


             b)   For a peace officer/firefighter member, 11% of  
               compensation in excess of $128. 


          12)Applies the employer contribution for each annuitant enrolled  
            in a basic plan and the employer contribution for each  
            annuitant enrolled in a Medicare health benefit plan to a  
            judicial branch employee who is first employed by the state  
            and becomes a state member of the system on or after January  
            1, 2017.  Does not apply to a judge who is subject to Chapter  
            11 (commencing with Section 75000) or Chapter 11.5 (commencing  
            with Section 75500) of Title 8. 


          13)States that a judicial branch employee who is first employed  
            by the state and becomes a state member of the system on or  
            after January 1, 2017, shall not receive any portion of the  
            employer contribution payable to annuitants unless the person  
            is credited with 15 years of state service.


          14)Creates the percentage of the employer contribution payable  
            for post-retirement health benefits for an employee based on  
            credited state service at retirement.  










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             a)   Applies this section only to judicial branch employees  
               who retire for service.  


             b)   Defines state service to mean service rendered as an  
               employee of the state or an appointed or elected officer of  
               the state for compensation.


             c)   Does not apply this section to the following:


               i)     Former state employees previously employed prior to  
                 January 1, 2017, who return to state employment on or  
                 after January 1, 2017.


               ii)    State employees on an approved leave of absence  
                 employed before January 1, 2017, who return to active  
                 employment on or after January 1, 2017.


               iii)   A judge who retires pursuant to Chapter 11  
                 (commencing with Section 75000) or Chapter 11.5  
                 (commencing with Section 75500) of Title 8. 


          15)Does not apply Section 22780 of the Government code to a  
            state employee in BU 12, and judicial branch employees, who is  
            first employed by the state and becomes a state member of the  
            system on or after January 1, 2017.


          16)Requires state employees in BU 12 to prefund retiree health  
            care, with the goal of reaching a 50% cost sharing of  
            actuarially determined normal costs for both employer and  
            employees by July 1, 2019. 










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          17)Requires the state and state employees in the judicial branch  
            to prefund retiree health care, with the goal of reaching 50%  
            cost sharing of actuarially determined normal costs for both  
            employer and employees by July 1, 2017.  The judicial branch  
            will make the following contributions:


             a)   Effective July 1, 2016, 1.5% of pensionable  
               compensation. 


             b)   Effective July 1, 2017, up to an additional 1.5% for a  
               total employee contribution of up to 3.0% of pensionable  
               compensation.  The additional amount shall be determined by  
               the Director of Finance no later than April 1, 2017, based  
               on the actuarially determined normal costs identified in  
               the state valuation. 


             c)   This paragraph does not apply to a judge who is subject  
               to Chapter 11 (commencing with Section 75000) or Chapter  
               11.5 (commencing with Section 75500) of Title 8. 


          18)Makes changes to judge's salary survey as reported to the  
            Department of Human Resources to the State Controller.


          EXISTING LAW:


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








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            (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 is applied.  This is referred to as the 100/90  
            formula.


          7)Requires that Medicare-eligible retirees enroll in Medicare  
            and choose a Medicare-coordinated health plan.  Since 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  








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            Part B premium.  Whether or not a retiree receives the  
            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 year 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 the employer contribution for active state  
            employee health care shall be determined through collective  
            bargaining.  In its MOU effective 2013 to 2015, BU 12 (IUOE)  
            agreed to a flat dollar amount, as specified.


          FISCAL EFFECT:  Appropriates $45,419,000 for State Bargaining  
          Unit 12. 


          COMMENTS:  


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


          Number of Employees:








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          The BU 12 agreement affects approximately 10,778 full-time  
          equivalents.


          HEALTH BENEFITS


          1)Employer Contribution for Active State Employees


             a)   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% 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% 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


             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% 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% of the weighted average premium of the four largest  
               Medicare health benefit plans based on state retiree  








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               enrollment.
          3)Prefunding of Other Post-Employment Benefits 


             a)   The state and BU 12 members will prefund retiree  
               healthcare with the goal of reaching 50% 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, 1.4% for a total of 1.9% of  
                 pensionable compensation.
               ii)    Effective July 1, 2018, an additional 1.4% for a  
                 total of 3.3% of pensionable compensation.


               iii)   Effective July 1, 2019, an additional 1.3% for a  
                 total of 4.06% of pensionable compensation.




          4)Post-Employment Health and Dental Benefit 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% of the employer contribution upon  
               completion of 15 years of state service, increasing 5% for  
               each additional year of service, until the employee is 100%  
               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  








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               for retiree health benefits for Medicare Part B premiums.


          COMPENSATION


          1)General Salary Increase (GSI)


             a)   Effective July 1, 2016, BU 12 employees shall receive a  
               3% GSI.


             b)   Effective July 1, 2017, BU 12 employees shall receive a  
               4% GSI.


             c)   Effective July 1, 2018, BU 12 employees shall receive a  
               3% GSI.


          2)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 5%.
             b)   Effective July 1, 2016, BU 12 employees in specified  
               Electrician classifications shall receive a special salary  
               adjustment of 5%.


             c)   Effective July 1, 2016, and 2017, BU 12 employees in  
               specified Telecommunications Technician classifications  
               shall receive a special salary adjustment of 5%.


          3)Uniform Allowance









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             a)   Increases the uniform reimbursement from $470 to $670  
               for full time employees that work for the Department of  
               Parks and Recreation, or the California 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 (CDCR) or the  
               California Highway Patrol.


          MISCELLANEOUS


          1)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%.


             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) or CDCR.


             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

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

          According to CalHR, this bill 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)



          Analysis Prepared by:                                             
                          Genevieve Morelos / BUDGET / (916) 319-2099  FN:  
          0003431