BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 966
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

           AB 966 (P.E.R. & S.S. Committee) - As Amended:  March 26, 2009 

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

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  


          This bill makes numerous minor or technical amendments to  
          various sections of law administered by the California Public  
          Employees' Retirement System (CalPERS). Key provisions of the  
          bill:

          1)Permit CalPERS to purchase or construct a building outside the  
            region to be used as an emergency or business continuity  
            center.

          2)Clarify that the final compensation period is 12 consecutive  
            months for optional National Guard members, and specifies that  
            National Guard Service does not count as state service for the  
            purpose of vesting for retiree health benefits in accordance  
            with the original intent of the legislation.

          3)Increases, from three to 10 years from the time of discovery,  
            the period of time in which CalPERS can recover overpayments  
            due to the death of a retired member or beneficiary.

          4)Prohibits an employer from passing on to an employee costs  
            associated with the employer's failure to enroll an employee  
            into membership and requires an employer that fails to  
            withhold and submit an employee's contributions within the  
            applicable timeframe to notify CalPERS and to take no action  
            until authorized by CalPERS.

          5)Lengthens the time frame, from 30 to 60 days, the open  
            enrollment period for retiring state employees enrolled in  
            flexible benefit plans to enroll in a CalPERS offered health  








                                                                  AB 966
                                                                  Page  2

            plan.

          6)Deletes or updates obsolete references contained in the law.

           FISCAL EFFECT

           According to CalPERS, this bill will have no impacts on  
          administration or program costs.
           
          COMMENTS
           
           1)Rationale  . This is largely a housekeeping bill sponsored by  
            CalPERS.  It is intended to facilitate efficient  
            administration of the CalPERS system, and to clear up  
            ambiguities and inconsistencies in the government code  
            relating to the administration of public employment retirement  
            law. With regard to the authority to purchase a building  
            outside the region, CalPERS indicates that current law  
            restricts the location of any real property purchased for  
            CalPERS' use to Sacramento County.  CalPERS asserts that sound  
            disaster preparedness planning requires that any emergency  
            facility be located in such a location so that no single event  
            can render ineffective both CalPERS' headquarters and  
            emergency centers.  In order to avoid common risk factors  
            associated with locating a recovery center in the same  
            geographic area and meet CalPERS evolving business continuity  
            operations, this bill permits CalPERS to purchase or construct  
            a building outside the region to be used as an emergency or  
            business continuity center.  

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