BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:            SB 1251         Hearing Date:    4/11/16
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          |Author:    |Moorlach                                             |
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          |Version:   |3/31/16    As amended                                |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Pamela Schneider                                     |
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          Subject:  Publication of state financial obligations: Internet  
          Web site and ballot pamphlet

            SOURCE:  Author
          
          DIGEST:    This bill establishes the California Financial  
          Transparency Act of 2016 and requires the Office of the  
          Legislative Analyst (LAO) to create and maintain a web page  
          listing specific state financial obligations that shall also be  
          included by the Secretary of State in voter ballot pamphlets,  
          including unfunded pension liability and unfunded state retiree  
          medical benefit liability.

          This analysis will focus on requirements in the bill to include  
          unfunded pension liability and unfunded state retiree medical  
          benefit liability in the state ballot pamphlet.

          ANALYSIS:
          
          Existing law:

          1)Establishes the Office of the Secretary State, and defines his  
            or her duties.

          2)States that the Secretary of State is the elections officer of  
            the state, and shall administer the provisions of the  
            Elections Code, including the preparation of a state ballot  
            pamphlet.








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          3)Defines the information that shall be included in ballot  
            pamphlets, including the following:

             a)   A complete copy of each state measure.
             b)   A copy of any constitutional or statutory provision that  
               a measure would repeal or revise.
             c)   Arguments and rebuttals for and against each measure.
             d)   An analysis of each state measure.
             e)   Tables of content, indexes, art work, and other  
               materials deemed necessary by the Secretary of State to  
               make the pamphlet easier to understand.
             f)   A notice relative to obtaining additional copies of the  
               pamphlet upon request.
             g)   A written explanation of the judicial retention  
               procedure.
             h)   The Voter Bill of Rights.
             i)   Information regarding candidates included in the ballot,  
               as specified.
             j)   A written explanation of the appropriate election  
               procedures for elective offices, as specified.
             aa)  A written explanation of the top 10 contributor lists  
               required by statute and a description of the Internet Web  
               site where those lists may be found.

          4)Establishes the California Public Employees' Retirement System  
            (CalPERS), which administers the retirement, death,  
            disability, and health benefits for state employees; the  
            retirement, death, and disability benefits for school  
            classified employees; and retirement, death, disability, and  
            health benefits for local public employers that contract with  
            CalPERS to provide employee benefits. 

          5)Requires CalPERS to administer 4 defined benefit retirement  
            plans:  the Public Employees' Retirement System (PERS), which  
            covers state and school classified employees and local  
            employees of public agencies that contract with CalPERS for  
            employee benefits; the Judges' Retirement System (JRS), a  
            closed fund covering judges elected and appointed prior to  
            November 9, 1994; the Judges' Retirement System II (JRSII),  
            covering judges elected and appointed after November 9, 1994;  
            and the Legislators' Retirement System (LRS), a closed fund   
            covering state legislators who were entitled to retirement  
            benefits prior to term limits, constitutional officers, and  
            legislative statutory officers (after January 1, 2013, new  
            members who would have been in LRS are in PERS and subject to  








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            the benefits in that system).

          6)In the PERS program, defines a number of member classes,  
            including state miscellaneous, industrial, safety, peace  
            officer/firefighter, and patrol classes, and school and local  
            miscellaneous and safety classes. Each of these groups and  
            employers have different rates and different individual annual  
            actuarial asset and liability calculations.

          7)Requires CalPERS to administer the Public Employees' Medical  
            and Hospital Care Act (PEMHCA), which provides health care  
            coverage for state employees and retirees and their  
            dependents, and health care for the employees and retirees of  
            local public agencies that contact with CalPERS for PEMHCA  
            coverage.

          8)Allows, since 2005, public employers and the state to prefund  
            their retiree health care obligations by contributing to a  
            fund for that purpose administered by CalPERS.

          9)Requires, as the result of collective bargaining agreements  
            and subsequent statutory changes, state bargaining units 6  
            (Highway Patrol), 9 (Engineers), and 10 (Scientists) members  
            and related excluded employees to contribute to prefund their  
            retiree health care costs.

          10)Establishes the California State Teachers' Retirement System  
            (CalSTRS), which provides retirement, death, and disability  
            benefits for teachers and specified school personnel.  CalSTRS  
            administers four retirement programs:  the defined benefit  
            program (the primary benefit plan), the defined benefit  
            supplement program, the cash balance benefit program, and the  
            replacement benefit program.  Each of these plans has separate  
            actuarial accounting and differing levels of assets and  
            liabilities.

          11)Requires the retirement system boards to administer the  
            retirement funds, including preparing annual actuarial  
            reports, which are available on the systems' Internet Web  
            sites.

          12)Establishes the Office of the Legislative Analyst, which  
            estimates the fiscal effect on state and local government of  
            all proposed initiatives (prior to circulation) and prepares  
            analyses of all measures that qualify for the statewide  








          SB 1251 (Moorlach)                                 Page 4 of ?
          
          
            ballot.

          This bill:

          1)Creates the California Financial Transparency Act of 2016.

          2)Requires that the Office of the LAO post all of the following  
            current total amounts on a dedicated Internet Web page that is  
            hyperlinked to the home page of the LAO:

             a)   State revenues.
             b)   State expenditures.
             c)   Unfunded pension liability.
             d)   Unfunded state retiree medical benefit liability.
             e)   Unfunded infrastructure needs.
             f)   Bond debt.
             g)   Unrestricted net position from the most recent  
               Comprehensive Financial Report (CAFR).

          3)Requires that the LAO update the required information twice  
            per year before January 1 and July 1.

          4)Requires that a copy of all information posted on the LAO's  
            internet web page pursuant to the California Financial  
            Transparency Act be included in the ballot pamphlet.

          Background

          The two state retirement systems

          CalPERS is one of the largest public pension systems in the  
          world, providing retirement, death, and disability benefits for  
          approximately 1.8 million active and retired members and their  
          beneficiaries, and health care benefits for approximately 1.4  
          million members and their dependents.  CalSTRS is the world's  
          largest educators' pension fund in the world, providing  
          retirement, death, and disability benefits for approximately  
          880,000 members and their beneficiaries.  CalPERS has been in  
          existence for over 80 years, CalSTRS for over 100 years.

          Based on guidelines of the Governmental Accounting Standards  
          Board, both systems produce and publish CAFRs.  These reports,  
          which are many pages in length, thoroughly define the systems'  
          various benefit plans and plan assets and liabilities, including  
          unfunded liability.  In addition, they provide detailed history  








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          and information on the plans' funded status; employer and  
          employee contributions; how the actuarial discount rate and  
          actuarial assumptions are determined and their impact on  
          employer rates; differences among the different benefit plans  
          (e.g., safety vs. miscellaneous plans); investment returns and a  
          discussion of the long-term expected rate of return; discussions  
          of changes in net pension liability from year to year; an  
          explanation of rate smoothing; and other important information  
          relative to the actuarial administration of the systems and  
          employer rate setting.

          In general, pension systems are funded from three sources:   
          employees, who make contributions as a set percentage of pay;  
          employer contributions, which are calculated as a percentage of  
          pay, paid monthly to the retirement systems, and considered to  
          be part of the total compensation of employees; and investment  
          returns, which, on average, pay approximately 2/3 of total  
          pension benefit costs.

          CalPERS annually sets employer rates based on a variety of  
          factors, including the benefit structure of the plan; smoothed  
          investment gains and losses; actuarial assumptions about  
          mortality, anticipated compensation, and other factors; expected  
          average and actual return rates on pension investments; and  
          employee contribution amounts.  CalPERS' most recent CAFR states  
          that CalPERS was funded at 76.3% as of June 30, 2014.  However,  
          this number is an average number.  When plans are separated out,  
          funding levels vary.  For example, the state plans are funded as  
          follows:  miscellaneous-74%; industrial-84%; safety-84%; peace  
          officer/firefighter-72%; patrol-66%.  JRSII and LRS are super  
          funded at levels over 100%.  JRS is a pay-as-you-go system.

          CalSTRS uses statutory contribution rates that do not fluctuate  
          or that only fluctuate slightly from year to year.  CalSTRS'  
          most recent CAFR (June 30, 2015) states a funding level of 69%  
          funded.

          Because the statutory contribution rates for CalSTRS were not  
          adequate, in 2014, the legislature passed a funding plan to  
          bring CalSTRS to full funding within 30 years (AB 1469, Bonta,  
          Chapter 47, Statutes of 2014).

          Retiree health benefits

          CalPERS administers PEMHCA for approximately 1.4 million  








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          employees, retirees and their dependents.  In the early 2000's,  
          policy makers, after a number of years of rising health care  
          costs, became concerned with the prefunding of retiree  
          healthcare obligations, which historically had been  
          pay-as-you-go.  In 2004, legislation authorized CalPERS to offer  
          healthcare prefunding accounts for employers (SB 626, Senate  
          Public Employment and Retirement Committee, Chapter 69, Statutes  
          of 2004).

          In 2009, state patrol members became the first state employee  
          group to commit employee contributions to prefunding retiree  
          health care.  State engineers and scientists followed in 2015,  
          and this year, the Legislature will be asked to ratify the  
          agreement of state correctional officers who will also begin  
          contributing toward their retiree health care costs.  It is  
          likely that other state bargaining units will be asked by the  
          Governor to make similar agreements.

          Concerns that requiring liability numbers without context is  
          unlikely to improve transparency

          Requiring the printing of unfunded liability numbers in the  
          ballot pamphlet without the added context provided by a thorough  
          actuarial analysis of the numbers is unlikely to increase  
          transparency.  Unfunded pension liability numbers are frequently  
          published with little background information, creating  
          significant confusion as to what the numbers mean.  Sometimes,  
          the implication is that the total future pension liability will  
          become due imminently at taxpayer expense.  Many people do not  
          know that investment returns pay approximately 2/3 of all  
          pension costs, that public employees personally pay a  
          significant portion of pension debt, or that pensions are funded  
          over many decades and that liability fluctuates based on  
          investment returns.  Pension liability numbers without any  
          explanation or context are of little value in understanding how  
          pensions are funded or what real costs to employers are expected  
          to be. 

          Thorough transparency would require a discussion of how pensions  
          are funded, how costs are determined and employer rates are set,  
          smoothing and the actuarial discount rate, the role of  
          investment earnings and employee contributions in paying benefit  
          costs, and some historical context to the rise and fall of rates  
          and liability.  An accurate description of unfunded liability  
          should include the information that 75% is expected to be paid  








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          for by investment returns and the employees themselves and the  
          remainder will be paid in installments over decades.  The state  
          Controller produces an annual CAFR that includes approximately  
          40 pages summarizing actuarial information relative to the two  
          state retirement systems.  The document is publicly available  
          and may be found on the Controller's website at  
           http://www.sco.ca.gov/ard_state_cafr.html  .

          Including a transparent discussion of state pension funding in  
          the ballot along the lines of what the Controller provides in  
          the CAFR would likely run to 30 or more pages.  The information  
          would not be specifically relevant to ballot measures, which  
          contain their own cost analysis if appropriate.  Including an  
          adequate discussion of pension funding in the ballot pamphlet  
          would tend to burden the ballot pamphlet with a significant  
          amount of extraneous information unrelated to specific measures  
          on the ballot.

          The committee recommends that SB 1251 be amended to remove the  
          requirement to print pension and retiree health care unfunded  
          liability numbers in the ballot pamphlet.  The annual  
          contribution of the state for state employee and retiree  
          benefits and health care would already be included in the  
          state's annual expenditure number required by this bill, and  
          thorough actuarial reports on pension funding, including  
          unfunded liability, are already easily available to the public.

          Related/Prior Legislation
          
          SB 99 (Senate Budget Committee, Chapter 322, Statutes of 2015)  
          required contributions to prefund retiree health care from state  
          bargaining units 9 and 10 members and related excluded  
          employees.

          AB 1469 (Bonta, Chapter 47, Statutes of 2014) created a funding  
          plan for employer and employee contributions to make CalSTRS  
          fully funded in approximately 30 years.

          SB 519 (Ashburn, Chapter 188, Statutes of 2009) established  
          employee contributions to prefund retiree health care from state  
          bargaining unit 5 members and related excluded employees.

          SB 626 (Senate Public Employment and Retirement Committee,  
          Chapter 69, Statutes of 2004) gave CalPERS the ability to set up  
          employer accounts to prefund retiree health care obligations.








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


          SUPPORT:

          Howard Jarvis Taxpayers Association

          OPPOSITION:
          
          California Professional Firefighters
          California School Employees Association, AFL-CIO
          California State Council of the Service Employees International  
          Union
          Los Angeles County Professional Peace Officers Association
          Organization of SMUD Employees
          Professional Engineers in California Government
          San Diego County Court Employees Association
          San Luis Obispo County Employees Association

          ARGUMENTS IN SUPPORT:    

          According to the author:
          
               Over the past two decades Californians have been asked to  
               make decisions regarding billions in spending and bond  
               measures, as well as decide on candidates who have  
               differing viewpoints regarding fiscal issues.  These  
               decisions impact the state's finances for decades, yet in  
               the midst of election frenzy, most voters find it difficult  
               to access basic reliable non-partisan financial information  
               before making their ballot choices.

               SB 1251 provides that the Legislative Analyst compile and  
               report to the Secretary of State, prior to each statewide  
               election, select data measures regarding the state's fiscal  
               health.
          
          ARGUMENTS IN OPPOSITION:    

          California School Employees Association states the following  
          concerns, which are shared by other opponents:
          
               SB 1251 fails to provide a reasonable relationship between  








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               the additional superfluous information added to the voter  
               guide and the measures on each ballot.  There will be many  
               measures in future California statewide elections, many of  
               which will not have any relationship to revenues, bond  
               debt, or retiree medical benefit levels.  The additional  
               information proposed by SB 1251 would add confusion to  
               voters, who already are provided nonpartisan analyses by  
               the Legislative Analyst's Office.

               Additional information added to the ballot pamphlet should  
               not be determined by any individual's assessment of what is  
               important and should not be included in order to shape  
               voters' decisions.  Why would the Legislature decide to  
               include pension liabilities, but not include the cost of  
               corporate tax loopholes or any other expenditure?  This  
               bill moves down a dangerous path of allowing individuals to  
               influence the electorate by skewing the data provided to  
               voters.