BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 637|
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                                 THIRD READING


          Bill No:  AB 637
          Author:   Hill (D)
          Amended:  4/2/09 in Assembly
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  7-0, 6/8/09
          AYES:  Correa, Ashburn, Benoit, Ducheny, Liu, Padilla,  
            Wiggins

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  73-0, 5/14/09 - See last page for vote


           SUBJECT  :    Public Employees Retirement System:   
          contracting agencies

           SOURCE  :     Public Employees Retirement System


           DIGEST  :    This bill requires the Public Employees  
          Retirement System (PERS) contracting agencies to use  
          Electronic Funds Transfer (EFT) for the payment of amounts  
          due to PERS and changes the method for calculating interest  
          on late employer payments, as specified.

           ANALYSIS  :    Existing PERS law:

          1.Allows PERS contracting agencies may pay their employees'  
            retirement contributions and health premiums through EFT,  
            or through paper check, and

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          2.Permits PERS to charge contracting agencies interest on  
            late payments, using a rate approximating the average  
            rate of return on investments.

          This bill:
          1.Authorizes the PERS Board to require contracting agencies  
            to make payments for retirement contributions and health  
            premiums due to PERS through EFT,

          2.Specifies that this requirement only becomes effective  
            upon declaration of the PERS Board,

          3.Allows a PERS contracting agency that is unable to comply  
            with the EFT requirement to apply to the PERS Board for a  
            waiver allowing the agency to pay in an alternate manner,  
            as determined by the Board, but not by credit card,

          4.Defines the term "electronic funds transfer" as used in  
            this part, and 

          5.Changes the method for calculating interest on late  
            employer payments so that interest will be charged at the  
            actuarial interest rate on amounts due and unpaid by a  
            CalPERS contracting agency.

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

          According to the Assembly Appropriations analysis,  
          "Significant administrative savings and investment earnings  
          to CalPERS due to reduced processing costs and earlier  
          receipt of investable funds from its contracting agencies."

           SUPPORT  :   (Verified  6/26/09)

          Public Employees' Retirement System (source) 

           ARGUMENTS IN SUPPORT  :    According to PERS, "EFT payments  
          reduce manual processing and potential errors, increasing  
          efficiency.  It is also environmentally sound, and  
          consistent with industry best practices.  Both CalPERS and  
          contracting employers will be able to predict exactly when  
          money will be withdrawn from or deposited and plan  
          accordingly.  EFT also permits CalPERS to provide payroll  







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          reports online, allowing contracting agencies and employees  
          faster access to their accounts, with fewer errors or lags  
          in posting information.  The current method of calculating  
          interest charges limits CalPERS' ability to take advantage  
          of the new EFT mandate by collecting interest in a timely  
          manner.  CalPERS captures the interest on late payments by  
          adding it to the employer's existing liabilities on which  
          their contribution rates are based.  This method was  
          adopted primarily because CalPERS' information technology  
          (IT) systems were unable to support alternate means of  
          capturing interest.  The upcoming consolidation of CalPERS'  
          legacy IT systems into a single database will allow the  
          system to track employer payments and account balances in  
          real-time to encourage timely payments.  Unless the basis  
          for calculating interest charges on late payments is  
          changed, CalPERS will be unable to fully realize the  
          increases in speed and efficiency made possible by the new  
          database.  Charging a fixed interest rate will enhance  
          CalPERS' administrative efficiency, and benefits employers  
          by providing them up-to-date fiscal information and  
          improving their budget planning."


           ASSEMBLY FLOOR  :
          AYES:  Adams, Anderson, Arambula, Beall, Bill Berryhill,  
            Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, John A. Perez, V. Manuel Perez,  
            Portantino, Price, Ruskin, Salas, Silva, Skinner,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Ammiano, Fuentes, Gaines, Garrick,  
            Saldana, Smyth, Bass


          DLW:nl  6/26/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







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