BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1353
          Author:   Pan (D) 
          Amended:  6/8/16  
          Vote:     21 

          PRIOR VOTES NOT RELEVANT

           SENATE PUBLIC EMP. & RET. COMMITTEE:  5-0, 8/15/16 (Pursuant to  
            Senate Rule 29.10 (d))
           AYES:  Pan, Morrell, Beall, Hall, Moorlach

           ASSEMBLY FLOOR:  77-0, 8/4/16 (Consent) - See last page for  
            vote

           SUBJECT:   State Teachers' Retirement System:  funding


          SOURCE:    California State Teachers' Retirement System
          
          DIGEST:  This bill makes necessary technical changes to  
          eliminate possible confusion over how to calculate the  
          applicable unfunded actuarial obligation (UAO) when determining  
          future adjustments to the state contribution rate pursuant to  
          the 2014 California State Teachers' Retirement System (CalSTRS)  
          Full Funding Plan.


          Assembly Amendments delete the Senate version of this bill  
          relating to pension fund divestments and instead now clarify  
          that state contribution rate changes made by legislation prior  
          to the AB 1469 Full Funding Plan continue to be allocated, as  
          before AB 1469, to the post 1990 UAO and that state contribution  
          rate changes required by the Full Funding Plan apply to the 1990  
          UAO (and only to the 1990 UAO).









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          ANALYSIS:
          
          Existing law:
          
          1)Establishes the California State Teachers' Retirement System  
            (CalSTRS) and creates the Defined Benefit (DB) program, which  
            provides a defined benefit to CalSTRS members, based on final  
            compensation, credited service, and age at retirement, as  
            specified. 

          2)Funds the DB program through employer and employee  
            contributions, investment returns, and state appropriations as  
            prescribed.  

          3)Establishes the Full Funding Plan pursuant to AB 1469 (Bonta),  
            Chapter 47, Statutes of 2014, to address the DB program's  
            unfunded actuarial obligation (UAO) by June 30, 2046.  Under  
            the plan, teachers', employers', and the state's contribution  
            rates increase beginning July 1, 2014, as specified.  The plan  
            further requires the CalSTRS Board to adjust the state  
            contribution rate within a specified range beginning fiscal  
            year 2017-18, and each fiscal year thereafter, to reflect the  
            contribution required to assist in eliminating the UAO by June  
            30, 2046.

          This bill clarifies that state contribution rate changes made by  
          legislation prior to the AB 1469 Full Funding Plan continue to  
          be allocated, as before AB 1469, to the post 1990 UAO and that  
          state contribution rate changes required by the Full Funding  
          Plan apply to the 1990 UAO (and only to the 1990 UAO).

          Background

          Legislation in the 1990s provided for specified changes in state  
          contribution rates and benefit plan benefit changes.  Under  
          those legislative changes, adjustments in contribution rates  
          that occurred after July 1, 1990, are excluded from the  
          calculation of the UAO to which CalSTRS applies the state  
          appropriation.  This language was intended to segregate the UAO  
          of the 1990 DB benefit plan from any UAO that might occur from  
          changes made after July 1, 1990, and hold the state harmless  








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          from liability arising out of the post 1990 changes.

          AB 1469 included a similar provision that was intended to mirror  
          the language segregating the 1990 benefit plan UAO so that the  
          Full Funding Plan's increased state contribution would be  
          allocated only to the 1990 UAO and not to the UAO attributable  
          to plan changes after July 1, 1990.  The intent of this language  
          was to continue to hold the state harmless for post 1990 benefit  
          plan changes.

          CalSTRS believes that due to inartful drafting, the provision  
          could be misinterpreted in the future to require all state  
          appropriations from prior to the Full Funding plan to be used to  
          pay down the 1990 UAO.  The apparent effect of such an  
          interpretation would be to eliminate the 1990 UAO much earlier  
          than anticipated and increase exponentially the remaining post  
          1990 UAO such that it could not be paid down by 2046, if at all,  
          as intended by the Full Funding Plan.

          This technical bill clarifies that the post 1990 state rate  
          changes made prior to AB 1469 will continue as previously  
          administered (i.e., they will not be applied to the 1990 UAO  
          calculation and will instead continue to apply to the post 1990  
          UAO calculation).

          The bill will also ensure that the AB 1469 state rate changes,  
          that technically are also post 1990 state rate changes, will not  
          be caught in the technical language prohibiting post 1990 state  
          rate changes from being used in the calculation of the 1990 UAO.  
           This will ensure that the AB 1469 state rate changes are  
          applied to the 1990 UAO and not the post 1990 UAO.

          Related/Prior Legislation
          
          AB 1469 (Bonta, Chapter 47, Statutes of 2014) created the  
          CalSTRS Full Funding Plan to address the system's unfunded  
          actuarial obligation by June 30, 2046.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to Assembly Appropriations Committee this bill would  








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          result in no additional state costs.


          SUPPORT:   (Verified8/15/16)


          California State Teachers' Retirement System (source)


          OPPOSITION:   (Verified8/15/16)


          None received


          ARGUMENTS IN SUPPORT:     According to the sponsor, SB 1353 is  
          necessary to avoid confusion in the future about how to adjust  
          the state's contribution rate to CalSTRS and is consistent with  
          the original intent of the 2014 Full Funding Plan.

          ASSEMBLY FLOOR:  77-0, 8/4/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Chávez, Cooley, Roger Hernández


          Prepared by:Irene Reteguin / P.E. & R. / (916) 651-1519
          8/15/16 20:58:49


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