BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 609
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 609 (Conway) 
          As Amended  June 2, 2009
          Majority vote 

           PUBLIC EMPLOYEES      6-0                                       
           
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          |Ayes:|Hernandez, Furutani,      |     |                          |
          |     |Beall, Conway, Nestande,  |     |                          |
          |     |Torrico                   |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :   Increases the administrative budgets of retirement  
          systems being operated under the County Employees' Retirement  
          Law of 1937 ('37 Act).  Specifically,  this bill  :

          1)Increases the maximum annual amount a '37 Act retirement  
            system may spend on administration from eighteen hundredths of  
            1% (0.18%) of the total assets of the retirement system to  
            nineteen hundredths of 1% (0.19%).

          2)Increases the maximum annual amount a '37 Act retirement  
            system may spend on administration in years when they incur  
            expenses for software, hardware, and computer technology  
            consulting services, as follows:

             a)   From eighteen hundredths of 1% (0.18%) to nineteen  
               hundredths of 1% (0.19%) of the total assets of the  
               retirement system plus $1 million; or,

             b)   From twenty-three hundredths of 1% (0.23%) to  
               twenty-four hundredths of 1% (0.24%) of the total assets of  
               the retirement system.

           EXISTING LAW  provides, generally, that the annual budget for  
          administrative expenses of a '37 Act retirement system may not  
          exceed eighteen hundredths of 1% (0.18%) of the total assets of  
          the retirement system.

          Additionally, as provided for by AB 1124 (Karnette), Chapter  
          327, Statutes of 2007, '37 Act allows counties, until January 1,  
          2013, to increase the budget for administration of the  
          retirement system in years when they incur expenses for  








                                                                  AB 609
                                                                  Page  2

          software, hardware, and computer technology consulting services,  
          providing the annual expenditure does not exceed the greater of:

          1)Eighteen hundredths of 1% (0.18%) of the total assets of the  
            retirement system plus $1 million; or,

          2)Twenty-three hundredths of 1% (0.23%) of the total assets of  
            the retirement system.

           FISCAL EFFECT  :  Unknown

           COMMENTS  : According to the author, because the cost of  
          administration of a '37 Act retirement system is based on the  
          assets of the retirement system, the current significant decline  
          in the market value of those assets will result in reduced  
          operating budgets, potentially in the range of 30% to 50%.

          The author states, "The costs of administration are driven by  
          staff activities with regard to processing employees into  
          retirement, disability retirement process, retiree payroll,  
          supporting accounting responsibilities and IT systems; these day  
          to day functions make up the bulk of the administrative costs of  
          system operations. Regardless of investment market cycles, the  
          responsibility to assist the system's clients remains relatively  
          constant."

          The Assembly Public Employees, Retirement and Social Security  
          Committee is informed that the author would like to move this  
          bill forward as a vehicle for possible legislative action to  
          better enable '37 Act systems to function properly regardless of  
          market cycles while also taking into account the differing sizes  
          of the twenty '37 Act systems in California.


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


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