BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          PUBLIC EMPLOYMENT AND RETIREMENT
                               Dr. Richard Pan, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 1203         Hearing Date:     4/11/16
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          |Author:    |Hertzberg                                            |
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          |Version:   |3/28/16    As amended                                |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Pamela Schneider                                     |
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          Subject:  Retirement systems: joint powers authorities: benefit  
          formulas

            SOURCE:  California Professional Firefighters
           
           DIGEST:    In the case of a joint powers authority (JPA) formed  
          on or after January 1, 2013 that contracts with the California  
          Public Employees' Retirement System (CalPERS), this bill  
          requires that any employees moving from employment with a public  
          agency forming the JPA to employment with the JPA be provided  
          the same defined benefit plan or formula that they had as an  
          employee of the public agency on or before December 31, 2012.

          ANALYSIS:
          
          Existing law:
          
          1)Authorizes, under the Joint Exercise of Powers Act, public  
            agencies to enter into agreements to jointly exercise any  
            power common to the contracting parties, including providing  
            for the creation of an agency or entity that is separate from  
            the parties to the agreement and is responsible for the  
            administration of the agreement.

          2)Allows local public employers forming a JPA to contract with  
            the California Public Employees' Retirement System (CalPERS)  
            to offer retirement benefits to their employees if the JPA  
            meets the federal definition of a governmental plan.  The JPA  
            is then a new contracting employer in the retirement system.







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          3)Establishes, under the Public Employees' Pension Reform Act  
            (PEPRA) a new retirement plan formula and requires public  
            employers to offer the PEPRA formula to new employees first  
            hired into public service after January 1, 2013, as defined.

          4)Requires pre-PEPRA members-referred to as "classic" members by  
            CalPERS-who were first hired into public service prior to  
            January 1, 2013, and who move between public employers within  
            a 180-day time period, to be grandfathered under pre-PEPRA  
            retirement formulas and eligible to receive the benefit plans  
            offered to employees of the public employer on December 31,  
            2012 (i.e., the benefit plan in place prior to PEPRA  
            implementation).

          5)Allows a JPA formed by the cities of Brea and Fullerton on or  
            after January 1, 2013, to provide employees who transfer to  
            the JPA from Brea or Fullerton with the "classic" retirement  
            formulas that the employees were receiving on December 31,  
            2012, from their respective employers.

          6)Clarifies that the formation of the JPA by Brea and Fullerton  
            shall not act in a manner so as to exempt a member from PEPRA  
            who would otherwise be subject to PEPRA.

          This bill:

          Requires the following when public agencies form a JPA on or  
          after January 1, 2013, and contract with CalPERS for benefit  
          coverage for employees of the JPA:

          1)Employers that form the joint powers authority, if they  
            provided employee   benefits on or before December 31, 2012,  
            must provide classic employees who transfer to the JPA with  
            continuance of the same benefit plans or formulas that those  
            employees received from their respective employers on or  
            before December 31, 2012.

          2)In order to receive continuance of the classic member  
            benefits, the classic employees must transfer between the  
            member agency and the JPA within 180 days of the member agency  
            providing for the exercise of the common power.

          3)The formation of a JPA on or after January 1, 2013, may not  
            act in a manner to exempt someone from PEPRA who would  








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            otherwise have been subject to PEPRA.  Employees who became  
            new members of CalPERS after January 1, 2013, must be subject  
            to PEPRA.

          Background

          PEPRA allows classic employees who move between public employers  
          to be grandfathered under pre-PEPRA retirement formulas.  Since  
          employers, over time, could have more than one retirement  
          formula for specific classes of employees, PEPRA further  
          specifies that a classic employee who moves between public  
          employers within a 6 month period will receive the benefit  
          formula that the employer was offering on December 31, 2012  
          (i.e., one day prior to implementation of PEPRA).  A JPA formed  
          after that date would be a new employer in CalPERS and would  
          therefore have no classic formula to offer classic employees.

          Related/Prior Legislation

          SB 24 (Hill, 2016), currently in Assembly Rules Committee,  
          authorizes a JPA formed by the Cities of Belmont, Foster City,  
          and San Mateo to provide the JPA employees a defined benefit  
          plan or formula that those employees received as classic CalPERS  
          members from their employment with the cities.  The language of  
          SB 24 is substantially the same as statutory language enacted  
          for the Cities of Fullerton and Brea (SB 1251, 2014).

          SB 354 (Huff, Chapter 158, Statutes of 2015) clarified the time  
          period during which a CalPERS classic member employed in the  
          cities of Brea and Fullerton may transfer to a Joint Powers  
          Authority (JPA) formed by those two cites and retain classic  
          benefit formulas received prior to the transfer.

          SB 1251 (Huff, Chapter 757, Statutes of 2014) created an  
          exemption in PEPRA to allow classic employees transferred to a  
          new JPA formed by the cities of Brea and Fullerton after January  
          1, 2013, to retain their classic retirement benefits following  
          transfer to and employment in the JPA.

          AB 340 (Furutani, Chapter 296, Statutes of 2012) enacted PEPRA,  
          effective January 1, 2013, which implemented statewide reform of  
          pension plans and related public employment benefits.

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








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          SUPPORT: 

          California Professional Firefighters (source)
          California State Firefighters' Association
          Laborers' International Union of North America, Local 777 
          Laborers' International Union of North America, Local 792
          Orange County Professional Firefighters Association, Local 3631

          OPPOSITION:

          None received



          ARGUMENTS IN SUPPORT:    
          
          From a letter from California Professional Firefighters: 

               The Great Recession forced local public agencies up and  
               down our state to implement hard-dollar cuts in core public  
               services, including fire protection, as a result of  
               severely squeezed budgets.  Over the last few years in many  
               of our communities, fire stations have been closed, or  
               rolling "brown-outs" have been implemented, in an effort to  
               save money.  Firefighters have been laid off, and a whole  
               host of other safety-net services have been eliminated or  
               severely pared back. 

               For some communities, the most efficient, cost-effective  
               model for providing fire protection and emergency medical  
               services in the wake of the Great Recession is to form a  
               JPA so that local agencies can integrate their respective  
               services in those jurisdictions and in doing so, achieve  
               economies of scale and cost savings.  However, one barrier  
               to these consolidations has arisen and created a  
               significant obstacle to full integration of fire protection  
               and EMS services in this regard because of the inability to  
               transfer existing, classic employees to a newly formed JPA  
               without an interruption or loss of those employees' classic  
               retirement formulas or benefit plans.

               Therefore, legislation applicable statewide, which remedies  
               the aforementioned unintended consequence, is needed so as  








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               to alleviate not only the existing burden that falls on  
               individual agencies to introduce authorizing bills specific  
               to their respective, proposed JPA agreements, but also to  
               eliminate the cost incurred by taxpayers and time delays  
               for implementation each time an agency-specific bill is  
               introduced.
           
               Furthermore, SB 1203 aids local public agencies in their  
               efforts to effectively recruit and retain the most  
               experienced, qualified public safety professionals.   
               Indeed, by providing equity for all seasoned and veteran  
               firefighters and other public workers who wish to continue  
               to serve in their communities without being forced to  
               consider transferring to another public agency, SB 1203  
               advances the public's interest.  And, when lives are on the  
               line, every second counts. SB 1203 ultimately also allows  
               local public agencies to achieve economies of scale for the  
               taxpayers, which in turn translates into better response  
               times.