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AB-2767 State teachers’ retirement: federal benefits.(2001-2002)

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AB2767:v96#DOCUMENT

Amended  IN  Assembly  April 11, 2002
Amended  IN  Assembly  April 24, 2002
Amended  IN  Assembly  May 23, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2767


Introduced  by  Assembly Member Pavley

February 25, 2002


An act relating to state teachers’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2767, as amended, Pavley. State teachers’ retirement: federal benefits.
Under existing law, members of the Defined Benefit Program of the State Teachers’ Retirement Plan receive retirement benefits that are based upon, among other things, credited service, as defined. Existing federal law, commonly known as the government pension offset and the windfall elimination provision reduces the social security benefits paid to certain individuals covered by a government pension.
This bill would require the Legislative Analyst Department of Education to conduct a study, as prescribed, of the impact of those federal laws on public employees and retirees new teacher recruitment in California, with a specific analysis on the impact on active and retired teachers in the state. The bill would require the study to include recommendations to mitigate and reduce the impact of determine if those laws deter certain individuals from entering the teaching profession.
The bill would require the Legislative Analyst Department of Education to complete the study and report its findings and recommendations to the Legislature and the Governor on or before July 1, 2004.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislative Analyst Department of Education shall conduct a study of the impact of the federal windfall elimination provision and the government pension offset on public employees and retirees in California. In performing the study, the Legislative Analyst shall consult with the Public Employees’ Retirement System and the State Teachers’ Retirement System. The Public Employees’ Retirement System and the State Teachers’ Retirement System shall provide the Legislative Analyst the information necessary for the Legislative Analyst to conduct the study. The study shall evaluate and recommend federal actions that the state may implement to mitigate and reduce the impact of the windfall elimination provision and the government pension offset on public employees and retirees in California. The study shall specifically analyze the impact of the federal windfall elimination provision and the government pension offset on teachers and retired teachers in California. The study shall also recommend specific actions that the state may implement to mitigate and reduce the impact of the windfall elimination provision and the government pension offset on teachers and retired teachers in California. The study shall also determine and report on both of the following:

(1)The number of current retirees and future retirees that will receive reduced social security benefits as a result of the windfall elimination provision and the government pension offset.

(2)Whether new teacher recruitment in California. The study shall determine if the federal windfall elimination provision and the government pension offset deter private sector workers individuals from entering the teaching or public safety professions profession if they have already accumulated 40 quarters of substantial earnings under the federal social security program. In performing the study, the department shall evaluate information provided by nonteachers, current teachers, and the State Teachers’ Retirement System, as well as other sources.
(b) The Legislative Analyst Department of Education shall complete this study and report its findings and recommendations to the Legislature and the Governor on or before July 1, 2004.