BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: SB 1692
          Deborah V. Ortiz, Chair         Hearing date: May 8, 2000
          SB 1692 (Ortiz) as amended 5/3/00           FISCAL:   YES
           
          STRS: BENEFIT ENHANCEMENTS FOR THOSE WHO RETIRED BEFORE  
          JANUARY 1, 1999
           
           HISTORY  :

            Sponsor:    California Retired Teachers Association (CRTA)
                       California Teachers Association (CTA) 
                       California Federation of Teachers (CFT)
                       Faculty Attempting to Improve Retirement (FAIR)
           
            Prior legislation:  see below


           SUMMARY  : 

          Would provide, to certain members who retired before January  
          1, 1999, the STRS benefit enhancements currently available  
          only to those who retired after January 1, 1999, if the STRS  
          member who retired before 1/1/99  reinstates to active service  
          for at least one year  , and subsequently retires with more  
          than 30 years of service or over age 60.  URGENCY BILL.


           BACKGROUND  :  

           1)   AB 1150 (Prenter), Chapter 966 of 1998  , increased the  
          maximum benefit factor of 2% @ age 60 to 2.4% @ age 63 for  
          members who retire after January 1, 1999. 

          2)   AB 1102 (Knox), Chapter 1006 of 1998  :

            a)  extended eligibility to receive credit at retirement  
            for unused sick leave to those who became STRS members  
            after July 1, 1980, and who retire on or after January 1,  
            1999, and

            b)  provided a "career bonus" enhancement of .2% for  
            members with 30 or more years of credited service who  
            retire after January 1, 1999. 
          
          David Felderstein                                    SB 1692
          Date:  5/3/00                                          Page 1  










           







          ANALYSIS  : 
          
          1)  Existing STRS law  provides that a member who has  
           reinstated  from retirement to active teaching may, after one  
          year, subsequently retire a second time.  Upon the subsequent  
          retirement, the member would receive the sum of:


            a) the original STRS allowance the member was receiving at  
            the time of reinstatement, 


             plus  


            b) the allowance for the second  period  of service, using  
            the age factor at the time of the second retirement, and  
            the compensation received during the second period of  
            service.


          2)   This bill  provides that a retired STRS member:


            a)  who reinstates to active teaching for at least one  
            year,


            b)  who subsequently retires after reinstatement:


              - with a total of at least 30 years STRS service credit  
              shall receive a STRS benefit that is recalculated  
              entirely to include the "career bonus" enhancements  
              (enacted in Chapter 1006 of 1998), and/or
          David Felderstein                                    SB 1692
          Date:  5/3/00                                          Page 2  











              -  over age 60 shall receive a STRS benefit that is  
              recalculated entirely to include the augmented "age  
              factor" (enacted in Chapter 966 of 1998),  subtracting  
              from their actual age the amount of time they were  
              retired and receiving STRS benefits before reinstatement,  
              and


            c)  shall receive a maximum factor of 2.4% per year of  
            STRS-covered service as a result of  this bill  (i.e. a STRS  
            member who retires at age 61 ["age factor" = 2.2%] who  
            also has 30 years of service or more ["career bonus" =  
            .2%], totaling a maximum of 2.4%).
           

          FISCAL EFFECT  :  

           Unknown at this time.  

          However, there could be savings to the STRS Fund because  
          members would be required to reinstate from STRS retirement  
          and reenter active membership for at least one year to  
          qualify for the enhancements provided in this bill  .


















          David Felderstein                                    SB 1692
          Date:  5/3/00                                          Page 3  









           COMMENTS  :

          1)  This bill contains findings and declarations, stating the  
          purpose is "?Providing an incentive for currently retired  
          members of the State Teachers Retirement System to reinstate  
          would further state policy of encouraging teacher recruitment  
          and help remedy current teachers shortages."

          2)  The benefit enhancements enacted in Chapters 966 and 1006  
          of 1998 were provided to STRS members retiring after January  
          1, 1999.

          Following the enactment of these bills, STRS members who  
          retired in 1998 objected to the fact that the enhanced  
          benefits applied only to future retirees, claiming that:

            a)  they were not apprised of the pending legislation, 

            b)  they would have delayed their retirement if they had  
            been aware of the pending legislation, and 

            c)  their retirement allowances were much less than they  
            would have been had they delayed their retirements.

          These members believe a major inequity was created by  
          excluding recently retired members.

          3)   SUPPORT  :

               Association of Retired Teachers (ART)
               Delta Kappa Gamma Society

          4)   OPPOSITION  :

               None to date.


                                    # # # # #





          David Felderstein                                    SB 1692
          Date:  5/3/00                                          Page 4