BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1101|
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                                 THIRD READING


          Bill No:  AB 1101
          Author:   Eng (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC EMPLOYMENT & RET. COMMITTEE  :  3-2, 6/13/11
          AYES:  Negrete McLeod, Padilla, Vargas
          NOES:  Walters, Gaines

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/6/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           ASSEMBLY FLOOR  :  52-22, 5/5/11 - See last page for vote


           SUBJECT  :    Teachers Retirement Board:  members

           SOURCE  :     California Federation of Teachers


           DIGEST  :    This bill replaces the retiree representative on 
          the Teachers Retirement Board appointed by the Governor 
          with a representative elected by the retirees of the 
          California State Teachers' Retirement System.

           ANALYSIS  :    

          Existing law:

          1. Provides that California State Teachers' Retirement 
             System (CalSTRS) Teachers' Retirement Board (TRB) 
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             consists of the following:

             A.    Three member-elected positions representing 
                current educators.

             B.    A retired CalSTRS member appointed by the 
                Governor and confirmed by the Senate.

             C.    Three public representatives appointed by the 
                Governor and confirmed by the Senate.

             D.    A school board representative appointed by the 
                Governor and confirmed by the Senate.

             E.    Four board members who serve in an ex-officio 
                capacity by virtue of their office: Director of the 
                Department of Finance, State Controller, the 
                Superintendent of Public Instruction, and the State 
                Treasurer.

          2. Establishes the Defined Benefit (DB) and Cash Balance 
             Benefit (CB) programs administered by CalSTRS as 
             separate benefit programs for full-time public school 
             administrators and instructors, and part-time or 
             seasonal instructors who are not eligible for the DB 
             program, respectively.

          3. Defines an "active member" under the DB Program as a 
             member who is not retired or disabled and who earns 
             creditable compensation during the school year.

          4. Defines a "retired member" as a member who has 
             terminated employment and to whom a service retirement 
             or disability retirement benefit is payable.

          5. Defines a "disabled member" as a member to whom a 
             disability allowance is payable.

          6. Defines a "participant" under the CB Program as a person 
             who has contributions credited under the program or who 
             is receiving an annuity under the program by reason of 
             creditable service.

          This bill:

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          1. Replaces the TRB member who is either a retired CalSTRS 
             DB member or a retired CB Program participant and 
             appointed by the Governor with one who is elected by the 
             retired members of the DB Program and the retired 
             participants of the CB Program.

          2. Specifies the term for this new Board member is four 
             years, beginning January 1, 2016.

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

          According to the Senate Appropriations Committee, one-time 
          costs of about $75,000 in FY 2015-16 and then every four 
          years thereafter (Special).  The election for this board 
          member will be held when ballots are mailed out the fall of 
          2015 which coincides with a currently scheduled election 
          for other elected board positions.  The increase in costs 
          associated with the election of the retired member seat for 
          staff and vendor expenses will be approximately $75,000 
          every four years.

           SUPPORT  :   (Verified  8/8/12)

          California Federation of Teachers (source)
          California Retired Teachers Association 
          California Teachers Association 
          Faculty Association of California Community Colleges 
          Los Angeles College Faculty Guild, AFT Local 152

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          "Current law allows for a retiree representative to serve 
          on the board of CalSTRS; however, the retiree is appointed 
          by the Governor.  The enactment of SB 1580 (Burton/2002), 
          'changed three of the CalSTRS Board members from being 
          appointed to being elected by the members.'  However, all 
          three of the elected board members are voted on by active 
          members only.  This leaves about 30 percent of CalSTRS 
          members - retirees - without a voice.  This bill would 
          allow the retiree representative to be elected by their 
          retired peers."

          According to the sponsor, the California Federation of 

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          Teachers, "Currently, only three of �CalSTRS' board 
          members] are elected participants; however, none of these 
          elected members are voted on by the retirees.  This bill 
          will not change or eliminate the members who serve due to 
          their external positions such as the Director of Finance, 
          State Controller, State Superintendent of Public 
          Instruction, and State Treasurer.  Electing a retired STRS 
          member to represent other retirees will provide a direct 
          voice for the unique perspective of those CalSTRS members 
          who have already retired, �and] will allow retirees to have 
          a united voice on retirement issues."


           ASSEMBLY FLOOR  : 
          AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez, 
            Hill, Huber, Hueso, Huffman, Knight, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. 
            Manuel P�rez, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wieckowski, Williams, Yamada, John A. P�rez
          NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Fletcher, Grove, Hagman, Halderman, Harkey, Jeffries, 
            Logue, Mansoor, Miller, Morrell, Nestande, Norby, Olsen, 
            Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED: Furutani, Garrick, Gorell, Jones, 
            Nielsen, Vacancy


          DLW:RJG:d  8/8/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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