AB 2468: Public Employees’ Retirement System: contracting agencies: benefit formulas.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-04-12
The Public Employees Retirement Law authorizes a public agency to participate in, and make all or part of its employees members of, the Public Employees Retirement System (PERS) by a contract entered into between its governing body and the board of administration of the system. The California Public Employees Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas for employees first hired on or after January 1, 2013, as specified.
This bill would authorize a public agency that has contracted with the board of administration of PERS to offer an alternative formula from that required by PEPRA, to be applicable to miscellaneous, nonsafety employees hired after January 1, 2017, and who are new members, as defined, if specified contingencies are satisfied, including that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding. The bill would require that miscellaneous, nonsafety employees who are not new members, as defined, if they are employed by a public employer that did not contract with PERS prior to December 31, 2012, be covered by the default benefit formula under PEPRA. The bill would specify what is pensionable compensation for these purposes.
The Public Employees Retirement Law authorizes a public agency to participate in, and make all or part of its employees members of, the Public Employees Retirement System (PERS) by a contract entered into between its governing body and the board of administration of the system. The California Public Employees Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas for employees first hired on or after January 1, 2013, as specified.
This bill would authorize a public agency that has contracted with the board of administration of PERS to offer an alternative formula from that required by PEPRA, to be applicable to miscellaneous, nonsafety employees hired after January 1, 2017, if specified contingencies are satisfied, including that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding.
(a)Except as provided in subdivision (c) or (d), each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the members final compensation set forth opposite the members age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age.
| Age of Retirement | Fraction |
52 | 1.000 |
521/4 | 1.025 |
521/2 | 1.050 |
523/4 | 1.075 |
53 | 1.100 |
531/4 | 1.125 |
531/2 | 1.150 |
533/4 | 1.175 |
54 | 1.200 |
541/4 | 1.225 |
541/2 | 1.250 |
543/4 | 1.275 |
55 | 1.300 |
551/4 | 1.325 |
551/2 | 1.350 |
553/4 | 1.375 |
56 | 1.400 |
561/4 | 1.425 |
561/2 | 1.450 |
563/4 | 1.475 |
57 | 1.500 |
571/4 | 1.525 |
571/2 | 1.550 |
573/4 | 1.575 |
58 | 1.600 |
581/4 | 1.625 |
581/2 | 1.650 |
583/4 | 1.675 |
59 | 1.700 |
591/4 | 1.725 |
591/2 | 1.750 |
593/4 | 1.775 |
60 | 1.800 |
601/4 | 1.825 |
601/2 | 1.850 |
603/4 | 1.875 |
61 | 1.900 |
611/4 | 1.925 |
611/2 | 1.950 |
613/4 | 1.975 |
62 | 2.000 |
621/4 | 2.025 |
621/2 | 2.050 |
623/4 | 2.075 |
63 | 2.100 |
631/4 | 2.125 |
631/2 | 2.150 |
633/4 | 2.175 |
64 | 2.200 |
641/4 | 2.225 |
641/2 | 2.250 |
643/4 | 2.275 |
65 | 2.300 |
651/4 | 2.325 |
651/2 | 2.350 |
653/4 | 2.375 |
66 | 2.400 |
661/4 | 2.425 |
661/2 | 2.450 |
663/4 | 2.475 |
67 | 2.500 |
(b)Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10.
(c)A new member of the State Teachers Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code.
(d)With respect to new members, a public agency participating in the Public Employees Retirement System pursuant to contract may provide the formula established in Section 21354.6 in lieu of this section and subject to the requirements of Section 21354.6.
SEC. 2.Section 21354.6 is added to the Government Code, to read:21354.6.(a)Notwithstanding any other law, a contracting agency may make the formula provided in this section applicable to miscellaneous, nonsafety employees hired after January 1, 2017, and who are otherwise new members as defined in Section 7522.04, provided that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding, the contracting agency adopts a resolution or an ordinance to this effect, and the agencys contract is amended in the manner prescribed for approval of contracts or, in the case of a new contract, by express provision in the contract. The pension at retirement for service provided by this section shall be equal to the percentage of the members final compensation set forth opposite the members age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of state service and upon reaching 55 years of age. age, except as provided in Section 21060.
| Age of Retirement | Fraction |
55 | 1.000 |
551/4 | 1.025 |
551/2 | 1.050 |
553/4 | 1.075 |
56 | 1.100 |
561/4 | 1.125 |
561/2 | 1.150 |
563/4 | 1.175 |
57 | 1.200 |
571/4 | 1.225 |
571/2 | 1.250 |
573/4 | 1.275 |
58 | 1.300 |
581/4 | 1.325 |
581/2 | 1.350 |
583/4 | 1.375 |
59 | 1.400 |
591/4 | 1.425 |
591/2 | 1.450 |
593/4 | 1.475 |
60 | 1.500 |
601/4 | 1.525 |
601/2 | 1.550 |
603/4 | 1.575 |
61 | 1.600 |
611/4 | 1.625 |
611/2 | 1.650 |
613/4 | 1.675 |
62 | 1.700 |
621/4 | 1.725 |
621/2 | 1.750 |
623/4 | 1.775 |
63 | 1.800 |
631/4 | 1.825 |
631/2 | 1.850 |
633/4 | 1.875 |
64 | 1.900 |
641/4 | 1.925 |
641/2 | 1.950 |
643/4 | 1.975 |
65 | 2.000 |
651/4 | 2.025 |
651/2 | 2.050 |
653/4 | 2.075 |
66 | 2.100 |
661/4 | 2.125 |
661/2 | 2.150 |
663/4 | 2.175 |
67 | 2.200 |
671/4 | 2.225 |
671/2 | 2.250 |
673/4 | 2.275 |
68 | 2.300 |
681/4 | 2.325 |
681/2 | 2.350 |
683/4 | 2.375 |
69 | 2.400 |
691/4 | 2.425 |
691/2 | 2.450 |
693/4 | 2.475 |
70 | 2.500 |
(b)Unless otherwise permitted by law, a miscellaneous, nonsafety employee, who is not a new member as defined in Section 7522.04, shall be subject to the benefit formula in Section 7522.20 if employed by a public employer that did not contract with this system to provide retirement benefits on or before December 31, 2012.
(c)Pensionable compensation used to calculate the defined benefit pursuant to this section shall be limited as described in Section 7522.10.
(a)Each Except as provided in subdivision (c) or (d), each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the members final compensation set forth opposite the members age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age.
| Age of Retirement | Fraction |
52 | 1.000 |
521/4 | 1.025 |
521/2 | 1.050 |
523/4 | 1.075 |
53 | 1.100 |
531/4 | 1.125 |
531/2 | 1.150 |
533/4 | 1.175 |
54 | 1.200 |
541/4 | 1.225 |
541/2 | 1.250 |
543/4 | 1.275 |
55 | 1.300 |
551/4 | 1.325 |
551/2 | 1.350 |
553/4 | 1.375 |
56 | 1.400 |
561/4 | 1.425 |
561/2 | 1.450 |
563/4 | 1.475 |
57 | 1.500 |
571/4 | 1.525 |
571/2 | 1.550 |
573/4 | 1.575 |
58 | 1.600 |
581/4 | 1.625 |
581/2 | 1.650 |
583/4 | 1.675 |
59 | 1.700 |
591/4 | 1.725 |
591/2 | 1.750 |
593/4 | 1.775 |
60 | 1.800 |
601/4 | 1.825 |
601/2 | 1.850 |
603/4 | 1.875 |
61 | 1.900 |
611/4 | 1.925 |
611/2 | 1.950 |
613/4 | 1.975 |
62 | 2.000 |
621/4 | 2.025 |
621/2 | 2.050 |
623/4 | 2.075 |
63 | 2.100 |
631/4 | 2.125 |
631/2 | 2.150 |
633/4 | 2.175 |
64 | 2.200 |
641/4 | 2.225 |
641/2 | 2.250 |
643/4 | 2.275 |
65 | 2.300 |
651/4 | 2.325 |
651/2 | 2.350 |
653/4 | 2.375 |
66 | 2.400 |
661/4 | 2.425 |
661/2 | 2.450 |
663/4 | 2.475 |
67 | 2.500 |
(b)Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10.
(c)A new member of the State Teachers Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code.
(d)With respect to new members, a public agency participating in the Public Employees Retirement System pursuant to contract may provide the formula established in Section 21354.6 in lieu of this section and subject to the requirements of Section 21354.6.
SEC. 2.Section 21354.6 is added to the Government Code, to read:21354.6.Notwithstanding any other law, a contracting agency may make the formula provided in this section applicable to miscellaneous, nonsafety employees hired after January 1, 2017, provided that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding, the contracting agency adopts an ordinance to this effect, and the agencys contract is amended in the manner prescribed for approval of contracts or, in the case of a new contract, by express provision in the contract. The pension at retirement for service provided by this section shall be equal to the percentage of the members final compensation set forth opposite the members age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 55 years of age.
| Age of Retirement | Fraction |
55 | 1.000 |
551/4 | 1.025 |
551/2 | 1.050 |
553/4 | 1.075 |
56 | 1.100 |
561/4 | 1.125 |
561/2 | 1.150 |
563/4 | 1.175 |
57 | 1.200 |
571/4 | 1.225 |
571/2 | 1.250 |
573/4 | 1.275 |
58 | 1.300 |
581/4 | 1.325 |
581/2 | 1.350 |
583/4 | 1.375 |
59 | 1.400 |
591/4 | 1.425 |
591/2 | 1.450 |
593/4 | 1.475 |
60 | 1.500 |
601/4 | 1.525 |
601/2 | 1.550 |
603/4 | 1.575 |
61 | 1.600 |
611/4 | 1.625 |
611/2 | 1.650 |
613/4 | 1.675 |
62 | 1.700 |
621/4 | 1.725 |
621/2 | 1.750 |
623/4 | 1.775 |
63 | 1.800 |
631/4 | 1.825 |
631/2 | 1.850 |
633/4 | 1.875 |
64 | 1.900 |
641/4 | 1.925 |
641/2 | 1.950 |
643/4 | 1.975 |
65 | 2.000 |
651/4 | 2.025 |
651/2 | 2.050 |
653/4 | 2.075 |
66 | 2.100 |
661/4 | 2.125 |
661/2 | 2.150 |
663/4 | 2.175 |
67 | 2.200 |
671/4 | 2.225 |
671/2 | 2.250 |
673/4 | 2.275 |
68 | 2.300 |
681/4 | 2.325 |
681/2 | 2.350 |
683/4 | 2.375 |
69 | 2.400 |
691/4 | 2.425 |
691/2 | 2.450 |
693/4 | 2.475 |
70 | 2.500 |
|
Date
|
Status
|
|---|---|
| Feb 19, 2016 | Introduced. To print. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
| Feb 22, 2016 | Read first time. |
| Mar 8, 2016 | Referred to Com. on P.E., R., & S.S. |
| Apr 12, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended. |
| Apr 13, 2016 | Re-referred to Com. on P.E., R., & S.S. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):