BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1735
                                                                  Page  1

          Date of Hearing:   April 18, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 AB 1735 (Wieckowski) - As Amended:  March 19, 2012 

          Policy Committee:                              PERSSVote:5-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill expands the list of positions for which the Teachers' 
          Retirement Board has the authority to set the compensation and 
          terms and conditions of employment to include the chief 
          operating officer (COO) and chief financial officer (CFO) and 
          prohibits the salary for the COO and CFO from exceeding 150% of 
          the Governor's salary, currently $173,987 per annum.  

           FISCAL EFFECT  

          Increased special fund costs to CalSTRS of approximately 
          $200,000, when the salaries are adjusted using the flexibility 
          in this bill.  Given the new ceiling of $260,000 per annum, this 
          bill allows CalSTRS to double the existing salaries.  The actual 
          costs will depend on the compensation packages developed by the 
          Teachers' Retirement Board.  Any increase in CalSTRS costs could 
          create General Fund pressure either directly through state 
          support or state payments to school districts.

           COMMENTS  

           1)Rationale  .  According to the author, current law requires that 
            the hiring of the COO and CFO be limited to the state civil 
            service pool.  The author argues this limitation constrains 
            the California State Teachers' Retirement System's (CalSTRS) 
            ability to recruit highly qualified candidates that possess 
            essential specialized knowledge, skills, abilities and 
            competencies that are required for positions that are 
            associated with investment financial management in a large 
            public pension fund.  The author notes that the type of 
            experience needed to manage the risks associated with a large 
            pension fund is not likely to be found within the state civil 








                                                                  AB 1735
                                                                  Page  2

            service but from other pension funds or private sector 
            financial institutions.

           2)CalSTRS  .  The sponsor of the bill is CalSTRS, which states 
            that the bill enhances their ability to preemptively plan for 
            the succession of vulnerable top level executive positions, 
            particularly those responsible for managing the increasingly 
            complex financial and operation components of the largest 
            teacher pension fund in the nation.  This bill also improves 
            CalSTRS' ability to attract and retain employees for key 
            executive positions that require specialized and critical 
            expertise and competencies and allows the board to recruit 
            from broader sources.  They also argue that the bill will 
            result in unknown savings based on an improved ability to 
            avoid future financial and operational risk due to the board's 
            increased ability to recruit and retain the most highly 
            qualified employees.

           3)Previous legislation . SB 269 (Soto), Chapter 856, Statutes of 
            2003, allowed the CalPERS Board of Administration and the 
            Teachers' Retirement Board to set compensation and terms and 
            conditions of employment of certain key positions.  AB 1317 
            (Mullin), Chapter 333, Statutes of 2007, expanded the list of 
            key positions to include the general counsel.



           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081