BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING
                                        

          Bill No:  AB 820
          Author:   Assembly Public Employees, Retirement and Social  
          Security
                      Committee
          Amended:  8/21/00 in Senate
          Vote:     21

            
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  5-0, 6/26/00
          AYES:  Ortiz, Haynes, Karnette, Lewis, Soto

           SENATE APPROPRIATIONS COMMITTEE :  10-0, 8/14/00
          AYES:  Johnston, Alpert, Bowen, Burton, Escutia, Johnson,  
            Karnette, Kelley, Leslie, Perata

           ASSEMBLY FLOOR  :  74-1, 1/24/00 - See last page for vote
           

           SUBJECT  :    Teachers' retirement

           SOURCE  :     California Retired Teachers Association
                      California Teachers Association

           
           DIGEST  :    This bill makes several changes to the State  
          Teachers' Retirement Law, as follows:

          1.Allows a member of the State Teachers' Retirement System,  
            and a nonmember spouse, to make partial redeposits,  
            effective July 2, 2001, of previously refunded member  
            contributions.

          2.Allows a member to purchase a portion of creditable  
            service that was previously excluded from coverage.
                                                           CONTINUED





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          3.Allows a retired member who is receiving an unmodified  
            allowance to name a spouse as a option beneficiary.

          4.Makes several other technical changes.

           ANALYSIS  :

           Redeposit
           
          Existing State Teachers' Retirement System(STRS) law  
          provides that if a member terminates STRS-covered service,  
          elects a refund of accumulated retirement contributions and  
          then again becomes a STRS member, the person may elect to  
          redeposit those contributions with regular interest from  
          the date of refund to the date of payment.

          Redepositing allows a member to receive the service credit  
          represented by the refunded contributions.  All previously  
          refunded contributions must be repaid and, if the member  
          fails to redeposit the full amount previously withdrawn,  
          STRS refunds the partial amount and no service credit is  
          awarded.

          This bill would permit a STRS member to redeposit a portion  
          of previously refunded contributions, and purchase a like  
          portion of the member's STRS service credit.

           Survivor options

           Existing STRS law provides that a member may elect one of  
          six options at retirement to provide survivor benefits to  
          his or her designated beneficiary(s).  Once retired, a  
          member can change an option election only if the  
          beneficiary divorces the member or, in some cases,  
          predeceases the member or if someone other than a spouse  
          was named as beneficiary and the member wants to name his  
          or her current spouse as the beneficiary.  Changes in  
          options and beneficiaries may also be subject to waiting  
          periods and reductions in allowances.

          This bill permits the STRS Board to waive specified option  
          provisions if the waiver would affect fewer than 100  
          individuals and would not have a material effect on the  







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          fund.  


          Participation in the Cash Balance Benefit (CBB) Plan  

          Existing STRS law provides that the CBB Program provides a  
          retirement program for persons who perform creditable  
          service on a part-time basis. If an employer elects to  
          provide the benefits of the program, and an eligible  
          employee elects to participate, the employer and employee  
          make contributions to the program, which are deposited in  
          the STRS Fund. 



          Members of the Defined Benefit (DB) Program may participate  
          in the CBB Program under one of two conditions:





          1.For overtime service performed for a different employer  
            if that employer offers CBB Program and would otherwise  
            contribute to Social Security or an alternative plan on  
            behalf of the member for that service.





          2.If employed less than 50% by an employer offering CBB  
            Program, as long as the member does not perform service  
            for the same employer under the DB Program.





          Members of the DB Program who are employed by more than one  
          employer at less than 50% of full-time may not participate  
          in CBB Program unless all employers offer the CBB Program. 









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          This bill would repeal current restrictions on employees  
          working for different employers from participating in the  
          CBB Program.

           Trustee participation in the CBB plan

           Existing STRS law provides that a member of a governing  
          body of an employer is not eligible for membership in the  
          CBB Program or any other retirement program administered by  
          STRS, by virtue of holding that position.  Prior to 1994,  
          members of governing bodies of local agencies, including  
          school districts, could receive retirement benefits from  
          the Public Employees' Retirement System as a result of such  
          service.

          This bill would permit a trustee to elect to participate in  
          the CBB Program by specified persons performing trustee  
          service. 




          Comments  

          According to Senate Public Employment and Retirement  
          Committee:

          By allowing members to elect to redeposit a portion of  
          contributions previously refunded, this bill expands the  
          population that would be able to take advantage of this  
          benefit.  Often the cost of having to redeposit all  
          previously refunded contributions is prohibitive.  This  
          change would allow someone to redeposit a portion of those  
          contributions and receive pro-rata service credit.

          By giving the board the authority to waive any of the  
          requirements contained in provisions of the law governing  
          options, this bill eliminates the need in future years to  
          make additional legislative changes simply to address a  
          unique situation affecting only a few STRS members.

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







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          According to STRS, this bill would not result in any cost  
          to the retirement fund.  STRS would, however, incur minor  
          and absorbable one-time administrative costs associated  
          with implementation of the bill's provisions.

           SUPPORT  :   (Verified  8/21/00)

          California Retired Teachers Association (co-source)
          California Teachers Association (co-source)
          State Teachers Retirement System (staff recommendation)


           ASSEMBLY FLOOR  :
          AYES:  Aanestad, Ackerman, Alquist, Aroner, Ashburn, Bates,  
            Battin, Baugh, Bock, Briggs, Calderon, Campbell,  
            Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox,  
            Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,  
            Florez, Gallegos, Granlund, Havice, Hertzberg, Honda,  
            House, Jackson, Keeley, Kuehl, Leach, Lempert, Leonard,  
            Longville, Lowenthal, Machado, Maddox, Maldonado,  
            Margett, Mazzoni, McClintock, Migden, Nakano, Olberg,  
            Oller, Robert Pacheco, Rod Pacheco, Papan, Pescetti,  
            Reyes, Romero, Runner, Scott, Shelley, Soto, Steinberg,  
            Strickland, Strom-Martin, Thompson, Thomson, Torlakson,  
            Vincent, Washington, Wayne, Wesson, Wiggins, Wildman,  
            Wright, Zettel, Villaraigosa
          NOES:  Kaloogian


          DLW:sl  8/21/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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