BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 1933
          Deborah V. Ortiz, Chair       Hearing date: June 26, 2000
          AB 1933 (Strom-Martin) as amended 6/15/00   FISCAL:   YES

           STRS:  "RULE OF 85" OPTIONAL TO SCHOOL DISTRICTS AND THE  
          STATE
           
           HISTORY  :            

              Sponsor:  California Teachers Association 
                       Faculty Association of California Community  
          Colleges

              Prior legislation: AB 1213 (Strom-Martin), 2000
                         Held in Assembly Appropriations Committee
                            AB 88 (Baca) 1998
                         Vetoed
                            AB 449 (Horcher) 1993
                         Vetoed
                            AB 276 (Filante) 1991
                                   Vetoed
           

          ASSEMBLY VOTES  :

              PER & SS                    6 - 0   4/12/00
              Appropriations            14 - 7    5/24/00
              Assembly Floor            55 - 206/01/00
           
          SUMMARY  : 

          Would establish a "Rule of 85" retirement option, improve the  
          current career bonus incentive for members of the State  
          Teachers' Retirement System (STRS), and require the STRS  
          Board of Administration to conduct a study on the feasibility  
          of moving to a service based retirement formula.  


          ANALYSIS  : 

          1)   Existing STRS law  :

            a)   provides that the retirement allowances for STRS  
            members shall be calculated based upon an age factor (plus  
          David Felderstein                                    AB 1933
          Date:  6/15/00                                         Page 1  









            a career bonus of .2% if the member has 30 or more years of  
            service) multiplied by the years of service multiplied by  
            the member's final compensation,

            b)  allows STRS members to retire prior to age 60 but the  
            member's age factor is significantly reduced, and 

            c)  specifies that the maximum age factor a STRS member may  
            currently receive is 2.4%.
          
          2)   This bill  :

            a)  requires the STRS Board to conduct a study on the  
            feasibility of basing pensions on years of service and  
            final compensation with no age factor, except for a minimum  
            retirement age, and to report its findings to the  
            Legislature on or before July 1, 2001,

            b)  increases the career bonus for STRS members retiring on  
            or after January 1, 2001, by applying it to members with 29  
            years of credited service and increasing the bonus after 30  
            and 31 years of credited service.  At 29 years of service  
            credit the career bonus would be .1%; at 30 years of  
            service credit the career bonus would be .3%; and, at 31  
            years the bonus would be .4%,

            c)  increases from 2.4% to 2.5% the maximum age factor a  
            person can receive when combining his or her actual age  
            factor with the career bonus,

            d)  permits STRS members who retire on or after January 1,  
            2001, and who are at least 55 years of age to retire using  
            a 2.4% age-factor if the sum of the member's age plus years  
            of              credited service equals or exceeds 85 (Rule  
            of 85) if this provision has been agreed to through  
            collective bargaining,

            e)  specifies that the Rule of 85 benefit is available to  
            all STRS members employed by a school district, community  
            college district, county superintendent of schools or state  
            education agency that has agreed to be subject to this  
            section through a written memorandum of understanding  
            entered into by the employer and employees, and

          David Felderstein                                    AB 1933
          Date:  6/15/00                                         Page 2  









            f)  allows members who qualify for the Rule of 85 benefit  
            to also receive the career bonus, if eligible.

           
          FISCAL EFFECT  :  
           
          1)  According to STRS, providing the Rule of 85 benefit could  
          result in present value costs to the STRS Fund of up to $4  
          billion and annual costs of $248 million depending on the  
          number of employers that agree to offer this benefit through  
          collective bargaining.

          2)  STRS would incur minor, absorbable cost to conduct the  
          study required by  this bill  .

           
          COMMENTS  :

          1)  The committee is advised that similar bills were vetoed  
          several times by Governor Wilson.  His veto message of AB 88  
          (Baca) 1998 stated:

            "This bill would authorize school districts, community  
            college districts and county superintendents of schools to  
            elect a new early retirement option for employees who are  
            members of the State Teachers' Retirement Systems (STRS).

            This bill would permit retirement at or over age 55,  
            without an allowance reduction, if the total of the  
            member's age and credited service is at least 85 (Rule of  
            85).

            This bill is similar to Assembly Bill 276 (Filante, 1991),  
            and Assembly Bill 449 (Horcher, 1993), which were both  
            vetoed.  The reasons for those vetoes have not changed.   
            This measure does not include fiscal safeguards to  
            determine if the program is truly cost neutral, nor does it  
            set a time limit for district financing of the enhanced  
            benefits.

            More importantly, by creating an incentive for teachers to  
            retire, this bill is contrary to current efforts to retain  
            qualified teachers to implement the Class Size Reduction  
            Program.  Further, the funding of the "Rule of 85" would  
          David Felderstein                                    AB 1933
          Date:  6/15/00                                         Page 3  









            come from existing Proposition 98 allocations, which could  
            be better spent in the classroom.

            Lastly, I continue to question the need for yet another  
            early retirement option for STRS members.  Many options  
            currently exist such as the standard early retirement, the  
            "30 and out," the limited term reduction, the two year  
            golden handshake, and other early retirement incentives."

          2)  Supporters contend that, "It would benefit career  
          educators who started teaching soon after college but are too  
          young under current law to receive a livable pension".   
          Additionally, supporters state that, "AB 1933 would  
          acknowledge and encourage years of teaching.  It  
          de-emphasizes retirement age as a component in computing  
          retirement."
           
          Supporters also believe that, "The current STRS retirement  
          program acts as a financial disincentive associated with  
          teaching - for persons considering entering and/or staying     
                  in the teaching profession.  Providing a comfortable  
          retirement will be a significant factor in the state's  
          ability to attract the estimated 300,000 new teachers needed  
          over the next decade."

          3)   SUPPORT  :
          
               Association of California School Administrators
                     California Federation of Teachers
                     County Superintendents of Schools
                     Los Angeles Unified School District
                     Riverside County Schools Advocacy Association
                     Small School Districts' Association
               Los Angeles County Office of Education
               Delta Kappa Gamma Society International

          4)   OPPOSITION  :

               None to date.  


                                    # # # # #

          David Felderstein                                    AB 1933
          Date:  6/15/00                                         Page 4