BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 654
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 654 (Mendoza) - As Amended:  April 23, 2009 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill increases interest and penalties for late payment of  
          contributions, late submissions of reports, and delayed reports  
          of compensation to the California State Teachers' Retirement  
          System (CalSTRS) Defined Benefit Program. Specifically, this  
          bill:

          1)Defines "regular interest" to be equal to the actuarially  
            assumed rate of return on investments on assets of the CalSTRS  
            Defined Benefit Program (currently 8%), instead of a rate  
            comparable to what CalSTRS earns on investments in corporate  
            debt (currently about 5.25%).

          2)Requires CalSTRS to assess regular interest on late  
            remittances of contributions from its school and community  
            college members for both the defined benefit program and cash  
            balance program.

          3)Requires the state to base its contributions to CalSTRS (which  
            is equal to 2.5% of creditable compensation of school district  
            employees' for each fiscal year) be based on creditable  
            compensation reported by local district for the current year  
            and prior year.

          4)Requires that creditable compensation reported more than one  
            year late be subject to a penalty equal to the GF's  
            contribution plus regular interest on the amount of  
            compensation reported.

           FISCAL EFFECT  









                                                                  AB 654
                                                                  Page  2

          1)Interest and penalty provisions would result in about $3  
            million annual revenues to CalSTRS retirement fund.

          2)Increased state contribution costs to CalPERS, potentially  
            several millions of dollars annually, due to requiring the  
            state's 2.5% contribution to be based on both current year  
            compensation as well as prior year compensation reported by  
            school districts. 

          3)Automation of interest and penalties would require one-time  
            expenditures by CalSTRS of about $1 million.


           COMMENTS  

           1)Background  . Currently, contributions to the CalSTRS defined  
            benefit retirement fund are equal to slightly over 18% of  
            "creditable compensation" of its member employees. Of the  
            total, about 8% is paid by the employer and employee  
            respectively, and about 2.5% is paid by the state. Late  
            payments affect the fund's earnings, to the extent the delays  
            reduce the amount of funds available to the system to invest.  
            While this is partly compensated by the interest charged on  
            late payments, the interest rate that CalSTRS is currently  
            authorized to charge is about 2.75% percentage points less  
            than its assumed actuarial rate of return.

            The state currently bases its 2.5% contribution on the amount  
            of creditable compensation reported by the school districts on  
            the last day of the fiscal year. The state does not include in  
            its contribution calculations the amount of creditable  
            compensation included on late reports for prior years.

           2)Rationale  . This bill, which is sponsored by CalSTRS, is  
            intended to encourage more timely payment of member  
            contributions, and more fully compensate the CalSTRS  
            retirement fund for investment earnings that it forgoes as a  
            result of the late payments.  It is also intended to increase  
            state contributions to the fund, by requiring the state to  
            include late reports of prior-year creditable compensation for  
            purposes of applying its 2.5% contribution rate.

           Analysis Prepared by :    Brad Williams / APPR. / (916) 319-2081