BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1852
                                                                  Page  1

          Date of Hearing:   April 21, 2004

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                            Gloria Negrete McLeod, Chair
                    AB 1852 (Mullin) - As Amended:  March 18, 2004
           
          SUBJECT  : State teachers' retirement.

           SUMMARY  :  Authorizes a member of the State Teachers' Retirement  
          System (CalSTRS) to earn a longevity bonus and purchase prior  
          military service under certain conditions.  Specifically,  this  
          bill  :  

          1)Authorizes any periods of service to be aggregated to  
            constitute a period of 3 school years for the purpose of  
            defining a final compensation period. 

          2)Allows a member of the Defined Benefit Program to receive  
            credit for a period of time during which he or she served in  
            the uniformed services, up to one year, without paying any  
            employee contributions if the period of service occurred  
            between September 11, 2001 and July 30, 2005, and other  
            conditions exist.  

          3)Permits a member who is 50 years of age to retire and receive  
            specified longevity benefits if he or she has 25 years of  
            credited service. 

          4)Authorizes a member who retires with 30 or more years of  
            service, in lieu of an increase to his or her monthly  
            retirement allowance, to receive a lump-sum payment upon  
            retirement equal to the actuarial present value of the  
            increase to the monthly retirement allowance.

          5)The bill would also make related technical changes.

           EXISTING LAW  

          1)Retirement benefits of a member of the Defined Benefit Program  
            of the State Teachers' Retirement Plan are calculated, in  
            part, based upon the member's final compensation.  Final  
            compensation, for members with fewer than 25 years of service  
            who are not classroom teachers, is defined for this purpose as  
            the highest average annual compensation earnable by the member  








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            during a period of 3 consecutive school years. 

          2)Authorizes a member of the Defined Benefit Program of the  
            State Teachers' Retirement Plan to receive credit, as  
            specified, for the period of time during which he or she  
            served in the uniformed services, if the member or participant  
            makes the employee contributions to the retirement fund that  
            he or she would have otherwise been required to make during  
            that period and other conditions exist. 

          3)Allows a member of the Defined Benefit Program of the State  
            Teachers' Retirement Plan who is 50 years of age to retire and  
            receive specified benefits if he or she has 30 years of  
            credited service. 

          4)Authorizes specified members of the Defined Benefit Program of  
            the State Teachers' Retirement Plan who retire prior to  
            January 1, 2011, to receive a specified lump-sum payment upon  
            retirement and an actuarially reduced monthly allowance. 

          5)Provides a member of the program with a specified increase to  
            his or her monthly allowance, if the member retires with 30 or  
            more years of service.

           FISCAL EFFECT  :  Actuarial estimates from CalSTRS are not  
          available at this time, however, potentially significant  
          employer costs (in excess of $1 million based on SB 979  
          (Cedillo) (2002)) for military service costs to cover employee  
          contributions.  Also, significant employer costs for aggregating  
          non-consecutive years for final compensation purposes.   
          Administrative costs would also be substantial.

           COMMENTS  :  

           Arguments in Support 
           According to the California Teachers' Association (sponsors),  
          the bill contains the following elements:
          1)Educators called to active military service since September  
            11, 2001 would not lose STRS service credit while they are  
            away from school defending their country.

          2)For members with fewer than 25 years of service (not receiving  
            a pension based on their single highest 12 months of service,  
            but on the average of their highest three consecutive years),  
            the bill provides that the pension shall be based on the  








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            highest three years, regardless of whether they are  
            consecutive years.

          3)Allow STRS members to retire at 50 with 25, instead of 30  
            years of service.   

          4)Allow members to receive the actuarial estimate of their  
            longevity incentive ($200, $300 or $400 per month for teaching  
            to 30, 31, or 32 years, respectively) in a lump sum at the  
            time of retirement, instead of the monthly payments for life.

          Existing law provides that to get service credit, you can either  
          work the time, or buy a limited amount of "air time."  Those in  
          the National Guard called to active duty do not get service  
          credit in STRS while they are away from school.  This bill helps  
          the families of teachers who are called to active duty and would  
          have a lower pension due to the time they are not teaching.   
          CalSTRS fiduciaries report that the fund is able to absorb the  
          modest cost of this bill, which represents just a few minutes of  
          daily fluctuations on its $115 billion portfolio.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           California Teachers Association (Sponsor)
          California Federation of Teachers

           Opposition 
           Faculty Association of Community Colleges
           
          Analysis Prepared by  :    Clem Meredith / P.E., R. & S.S. / (916)  
          319-3957