BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1291


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1291 (Williams)


          As Amended  May 27, 2015


          Majority vote


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          |ASSEMBLY:  |77-0  |(May 11, 2015) |SENATE: |38-0  |(July 6, 2015)   |
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          Original Committee Reference:  P.E., R., & S.S.




          SUMMARY:  Makes the Ventura County retirement system (System) an  
          independent, public employer district within the Ventura County  
          Employees' Retirement Association (VCERA) and authorizes the  
          System to appoint specified positions as "at will" employees,  
          exempt from the county civil service system, as specified.   
          Specifically, this bill:  


          1)Includes the System in the definition of "district" for  
            purposes of the County Employees' Retirement Law of 1937 ('37  
            Act).


          2)Authorizes the System, upon adoption of a resolution of the  
            retirement board, to appoint a retirement administrator, chief  
            financial officer, chief operations officer, chief investment  
            officer, and general counsel who will be employees of the  








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            retirement system, not the county, and will be subject to the  
            terms and conditions of employment established by the board of  
            retirement.


          3)Provides that personnel appointed by the System who had  
            previously been in county service continue to be members of  
            the retirement system without interruption in service or loss  
            of credit and that any new employees of the district become  
            members of the system on the first day of the calendar month  
            following entrance into service.


          4)Provides that the compensation for these appointed employees  
            will be treated as an expense of the administration of the  
            retirement system, as specified.


          The Senate amendments revise the list of positions the System is  
          authorized to appoint and provide that personnel appointed by  
          the System who had previously been in county service continue to  
          be members of the retirement system without interruption in  
          service or loss of credit.


          EXISTING LAW:  


          1)Establishes the '37 Act which governs 20 independent county  
            retirement associations, including VCERA.


          2)Defines specified districts formed under the law of the state,  
            located wholly or partially within a county and states that  
            these districts are public employers whose employees are  
            eligible to participate in their respective '37 Act county  
            retirement associations.


          3)Provides Orange, San Bernardino, and Contra Costa county  
            retirement systems authority to be independent districts  
            within their respective retirement associations and the  








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            statutory employer for purposes of determining their  
            employees' compensation and benefits, as specified.


          4)Establishes the Public Employees' Pension Reform Act of 2013  
            (PEPRA), which requires, as of January 1, 2013, comprehensive  
            and statewide reform for the state's public pension systems  
            and plans and public employers and employees.


          5)Provides, under the provisions of PEPRA, '37 Act retirement  
            boards with more independence to perform audits and assess  
            penalties relating to pension spiking.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "There are many benefits to  
          becoming an independent district, but most applicable to Ventura  
          County is the ability to recruit and retain specially trained  
          staff with compensation that's competitive with the private  
          sector.  Further, by allowing the retirement system a degree of  
          separation from the County, this bill enhances the ability of  
          the retirement system to implement and enforce the 2012 Public  
          Employee Pension Reform Act (PEPRA), including enforcement of  
          the new anti-spiking statutes by making it less uncomfortable to  
          report spiking.  In other words, it better equips them to carry  
          out their fiduciary responsibility of managing employee  
          retirement funds."


          Supporters state, "PORAC, as well as our member association, the  
          Ventura County Deputy Sheriffs' Association (VCDSA), supports  
          the fair and equitable administration of the county retirement  
          system in accordance with the law.  AB 1291 will provide  
          assurance that the Ventura County Board of Retirement has the  
          means at its disposal to accomplish that goal."


          There is no opposition on file.








                                                                    AB 1291


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          Analysis Prepared by: Karon Green / P.E., R., & S.S. / (916)  
                          319-3957                                 FN:  
                          0000924