BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2700
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2700 (Lempert)
          As Amended August 31, 2000
          Majority vote
           
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          |ASSEMBLY:  |75-1 |(June 1, 2000)  |SENATE: |40-0 |(August 31,    |
          |           |     |                |        |     |2000)          |
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           Original Committee Reference:   P.E.,R. & S.S.

          SUMMARY  :  Makes all compensation received by a member of the  
          State Teachers' Retirement System (CalSTRS) creditable and  
          requires that contributions for service performed by a members  
          in excess of one year of service credit per school year be  
          placed in the Defined Benefit Supplement (DBS) Program.  Reduces  
          the General Fund (GF) contribution to CalSTRS from 3.102% to  
          2.017% of prior year payroll. 

           The Senate amendments :

          1)Delete provisions from this bill that would have required  
            CalSTRS to establish the DBS Program since the program was  
            established already this year by AB 1509 (Machado), Chapter  
            74, Statutes of 2000.

          2)Reduce the GF contribution to CalSTRS from 3.102% to 2.017% of  
            the total of prior year teacher payroll.

          3)Appropriate $600,000 from the Teachers' Retirement Fund to  
            CalSTRS for purposes of implementing the provisions of this  
            bill.

           EXISTING LAW  :

          1)Specifies that CalSTRS calculate a member's retirement benefit  
            under the defined benefit program using:  

             a)The member's credited service; 

             b)A factor based on the member's age at retirement; and, 

             c)The member's final compensation.  The member's service  
               credit is determined annually according to the creditable  








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               service performed by the member.

          1)Defines creditable service as specified service performed for  
            an employer in a position requiring a credential, certificate  
            or permit under the Education Code, or under standards adopted  
            by the Board of Governors of the California Community Colleges  
            or under the provisions of an approved charter for a charter  
            school eligible to receive state apportionment.

          2)Defines creditable compensation as money paid by an employer  
            to a member for creditable service.  Current law also  
            specifically excludes several types of payments from being  
            considered as creditable compensation such as:

             a)Money paid for creditable service in excess of the  
               full-time equivalent for the position;

             b)Money paid for overtime, overload, summer school and  
               intersession;

             c)Stipends paid to department chairs when release time is not  
               granted by the employer; and,

             d)Bonus payments, such as pay-for-performance.

           AS PASSED BY THE ASSEMBLY  , this bill made all compensation  
          received by a member of CalSTRS creditable and required the  
          Teachers' Retirement Board to establish and administer a  
          supplemental benefit program in which contributions for service  
          performed by a member in excess of one year of service credit  
          per school year would be placed.

           FISCAL EFFECT  :  CalSTRS indicates that by making additional work  
          eligible for retirement service credit, this bill would:

          1)Increase state GF contributions to the CalSTRS defined benefit  
            program and supplemental benefit account by $5-$15 million  
            annually, beginning in 2002-03.

          2)Increase school employer contributions to CalSTRS by $185  
            million annually.

          3)Decrease the GF contribution to CalSTRS by approximately $200  
            million annually and appropriates $600,000 from the Teachers'  
            Retirement Fund to CalSTRS to fund administrative costs  








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            associated with the bill.

           COMMENTS  :  According to CalSTRS, "In the early 1970's when the  
          current retirement plan was designed, K-12 education generally  
          was provided for nine months a year, and community college  
          instruction used full-time faculty to a greater degree.  The  
          current method of determining what compensation is creditable  
          reflects the means by which education was provided at that time.  
           As a result, summer school and intersession service is not  
          creditable, and the plan assumes that members largely work only  
          one job, and on a full-time basis.

          Since then, a number of changes have occurred in the provision  
          of education, including more year-around schools, summer school  
          and the shift in community colleges to more part-time based  
          instruction.  In addition, administrators are increasingly being  
          compensated based in part on their performance.  This bill would  
          make all compensation for creditable service creditable for  
          purposes of determining a CalSTRS retirement benefit in order to  
          reflect the changes in education.  By changing the current  
          definition of creditable compensation, it would allow activities  
          that currently are not creditable to be counted towards  
          determining a member's retirement."

          CalSTRS also points out that the current process of excluding  
          certain types of service and compensation from what is  
          creditable for retirement increases the complexity of  
          administering the defined benefit program.  CalSTRS indicates  
          that they spend considerable resources to monitor employer  
          compliance with creditable service and compensation  
          requirements.  This bill would substantially reduce this  
          administrative workload.
           Supporters contend that this bill will increase equity among  
          CalSTRS members by crediting all service performed and will  
          simplify reporting for employers as well as streamline CalSTRS'  
          administration of the defined benefit program. 
           

          Analysis Prepared by  :  Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


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                                                            0007272 









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