BILL ANALYSIS
SB 1027
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Date of Hearing: July 9, 1997
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES,
RETIREMENT AND SOCIAL SECURITY
Wally Knox, Chair
SB 1027 (Schiff) - As Amended: July 7, 1997
SENATE VOTE : 38-0
SUBJECT : School Employees Retirement
SUMMARY : Authorizes State Teachers' Retirement System (STRS)
members to redeposit contributions withdrawn by nonmember spouses
under specified conditions, and authorizes purchases of additional
service credit for out-of-state public school service.
Specifically, this bill :
1) Permits a STRS members who is not yet retired to redeposit the
total amount of accumulated retirement contributions refunded
to the former spouse pursuant to a court order in a divorce or
separation.
2) Establishes a procedure for an active STRS member to elect to
purchase out-of-state service credit. Prohibits such a purchase
if the member has creditable service under the Cash Balance Plan
or another public retirement system. Provides that the election
to purchase credit may be made,that payment must be made in full,
prior to the effective date of the allowance. Limits amount of
service to the number of years of service in the out-of-state
system or 10 years, whichever is less. Establishes the payment
standard for the service credit purchase. Authorizes a payment
plan of up to 10 years. Requires the member purchasing credit to
contribute the actuarial cost of the service and to pay interest
on the monthly unpaid balance if the member makes installment
payments.
3) Provides that the out-of-state service credit provisions shall
not be applied if they could create a conflict with the IRS code.
EXISTING LAW :
1) Allows a court upon legal separation or divorce of a STRS
member to order the accumulated retirement contributions and
credit to be segregated into two separate accounts in the name of
the member and nonmember spouse. This was enacted in SB 1190
(Lockyer, Chapter 542, Statutes of 1988).
2) Authorizes credit for service prior to July 1, 1944, in other
states.
FISCAL EFFECT : Negligible effect to STRS to process requests for
redeposit of nonmember spouse contributions and for out-of-state
service credit. The out-of-state service credit provisions
specifically require actuarial costs to be covered by the
purchaser.
SB 1027
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COMMENTS :
1) Sponsor and Purpose The measure is sponsored by STRS. A
similar provision for redeposit of nonmember spouse contributions
is already permitted by the Public Employees' Retirement System
(CalPERS). The effect of this provision would be to make the STRS
member's final retirement benefit
unaffected by the term of the member's divorce decree. The
provision authorizing purchase of out-of-state service credit is
designed to provide a retirement benefit for school employees
which reflects their entire career of service, not only that
portion served in this state.
REGISTERED SUPPORT / OPPOSITION :
Support
State Teachers' Retirement System (Sponsor)
California Federation of Teachers
California Retired Teachers Association
United Teachers Los Angeles
Opposition
None on file.
Analysis prepared by : Kate Riley / aper&ss / (916)445-7440