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RPVCCA_CC_SR_2012_06_19_06_Unfunded_Pension_LiabilityCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE:. SUBJECT: REVIEWED: Staff Coordinator: HONORABLE MAYOR AND MEMBERS OF THE CITY COUN~C DENNIS McLEAN,DIRECTOR OF FINANCE &INFORMATIO . TECHNOLOGY JUNE 19,2012 UNFUNDED PENSION LIABILITY (Supports City Council 2012 Goal for Government Efficiency,Fiscal Control and Transparency) CAROLYN LEHR,CITY MANAGER ~ Kathryn Downs,Deputy Director of Finance &Information Technology \~ RECOMMENDATION 1.Receive and file this report and the Finance Advisory Committee Memorandum dated April 25,2012;and 2.Defer further discussion of this topic to December 2012,after additional reporting information is received from the California Public Employees'Retirement System (CaIPERS)to comply with a new accounting pronouncement for financial reporting of the unfunded pension liability. BACKGROUND At the request of Mayor Pro-Tem Campbell,on January 17,2012 the City Council discussed the City's unfunded pension liability and made the following assignment to the Finance Advisory Committee (FAC): "The Finance Advisory Committee (FAC)will study the alternatives that are available for the City to accurately ascertain the CalPERS Unfunded Pension Liability owed by the City of Rancho Palos Verdes,as other California General Law cities have successfully done,and report its finding(s)to the City Council within 90 days." As a reminder,the Unfunded Pension Liability (UPL)is defined as the excess accrued liability (earned benefits)over the plan assets.The UPL is not a liability requiring payment, other than annual funding contributions,unless the City terminates its contract with CaIPERS;which is an unlikely event at this time. 6-1 UNFUNDED PENSION LIABILITY June 19,2012 Page 2 of 4 DISCUSSION FAC Consideration On March 28,2012 and April 25,2012,the FAC discussed the issue and prepared a Memorandum to City Council dated April 25,2012 regarding the calculation of the City's UPL (see Attachment A).The FAC's consideration included a significant level of information provided at the request of the Mayor Pro-Tem and the FAC,which has been included with this staff report to ensure that the City Council receives the same information provided to the FAC. 1.A detailed report from Staff providing information about the City's Pension Plan,the City Council's pension reform actions of 2011,the alternatives for calculating the unfunded liability,information about a forthcoming accounting standard,other relevant information,and the following attachments (see Attachment B): a.Miscellaneous Plan of the City of Rancho Palos Verdes (Employer #1020) Annual Valuation Report as of June 30,2010; b.January 18,2011 letter from Bartel &Associates,LLC to the City Council, regarding "City of Rancho Palos Verdes CalPERS Unfunded Liability"; c.January 23,2012 email communication between Kathryn Downs and Kung- Pei Hwang of CalPERS,regarding "Actuarial for UL"; d.Governor Brown's "Twelve Point Pension Reform Plan"dated October 27, 2011 ; e.California Legislative Analyst's Office "An Initial Response to the Governor's Proposal"dated November 8,2011 ; f.CalPERS Circular Letter dated March 16,2012 regarding "Employer Rate Impacts due to Discount Rate Change";and g.CalPERS Actual Investment Returns - A 20 Year History. 2.Conversations between FAC Member James and the Senior Actuary at CalPERS assigned to the City;and 3.Other sources of information available to the public,such as the CalPERS website and the assessment of public employee pension plans in Los Angeles County conducted by the Los Angeles County Civil Grand Jury. The FAC's seven-page Memorandum outlines its considerations and includes the following recommendation: "It is our recommendation that the City Council continue this matter until November or December,2012,with a view towards reviewing:(1)the anticipated announcement ofa new GASB standard in June,2012,and (2)the actuarial valuation report from CalPERS for fiscal year 2011. The City Council and Staff should be in a better position at that time to determine whether to seek more exact information from CalPERS or a consultant actuary,and/or whether any steps should be taken by RPV to mitigate any risks associated with our City's unfunded pension liability (e.g.,dedicating a portion of our reserves,exploring other pension options, etc.)." 6-2 UNFUNDED PENSION LIABILITY June 19,2012 Page 3 of 4 Unfunded Pension Liability There are 3 methods of calculating the City's UPL,as follows. 1.Actuarial UPL =Accrued Liability,less Actuarial Value of Assets.This is the methodology used by CalPERS to calculate the City's annual contribution to reduce the City's share of its risk pool's UPL.Historically,CalPERS has increased the City's contribution rate when the risk pool's UPL increases significantly and decreased the rate when risk pool's UPL has decreased.Staff estimated that its share of the Actuarial UPL as of June 30,2010 was about $3.2 million.The FAC validated the Actuarial methodology and agreed with the estimate provided by Staff. 2.Market UPL =Accrued Liability,less Market Value of Assets.This is the methodology that Staff believes will be used to report the UPL on the financial statements,once the new accounting pronouncement is issued.Staff estimated that its share of the Market UPL as of June 30,2010 was about $9.6 million.The FAC validated the Market methodology and agreed with the estimate provided by Staff. 3.Termination UPL =Accrued Liability (identified with an updated actuarial valuation upon initiation of the termination process),less Market Value of Assets,discounted by U.S.Treasury yields.This methodology was adopted by CalPERS in August 2011 to mitigate benefit funding risk,and was identified by the FAC as a part of its assignment.The Termination methodology would only be used in the event that the City terminated its contract with CaIPERS. None of these methods provide a current and accurate value of the UPL.The Actuarial UPL and Market UPL are estimates based upon information that is 16-27 months old at any given time.The Termination UPL is designed specifically to protect CalPERS when an agency terminates its contract.For this reason,Staff agrees with the FAC recommendation to defer consideration of this matter.The CalPERS is expected to provide additional reporting information to comply with the new accounting pronouncement, with the actuarial valuation report dated June 30,2011 (to be issued late 2012).At that time,there will be a standard UPL methodology for reporting purposes equally applied to all government agencies with defined benefit plans. 2011 Pension Reform In September 2011,the City Council took action to require employees to pay the full 8% employee contribution to the pension plan in exchange for a 5%salary increase. Previously,the employees had been contributing 1.5%of the 8%employee contribution. Based on current salary rates,actual positions filled,and the effective date of September 23,2011,the estimated FY11-12 savings for pension reform have totaled about $67,000 for 7 months. The City Council also took action to establish a second tier of decreased benefits for new employees.No new employees have been hired since September 2011.For FY12-13, total expected savings would include the increased employee contribution noted above and the reduced pension benefit for new employees.Assuming that 2 of the unfilled positions remain unfilled and 5 of the unfilled positions are not filled until the end of September 2012 6-3 UNFUNDED PENSION LIABILITY June 19,2012 Page 4 of 4 (consistent with the assumption in the proposed FY12-13 budget),total FY12-13 savings would be about $114,000. Attachments A -Memorandum from the Finance Advisory Committee dated April 25,2012 titled "Calculation of the City's Unfunded Pension Liability" 8 -Staff Report to the Finance Advisory Committee dated March 28,2012 titled "Alternatives for Identifying the City's Unfunded Pension Liability"with attachments. 6-4 Attachment A MEMORANDUM To: From: Date: Subject: Rancho Palos Verdes City Council Finance Advisory Committee April 25,2012 Calculation of the City's Unfunded Pension Liability 1.Assignment from City Council On January 17,2012,the Rancho Palos Verdes (RPV)City Council voted to have the Finance Advisory Committee (F AC):"...study the alternatives that are available for the City to accurately ascertain the CalPERS Unfunded Pension Liability owed by the City of Rancho Palos Verdes,as other California General Law cities have successfully done,and report its finding(s)to the City Council within 90 days." 2.Consideration by the Finance Advisory Committee On March 22,2012,the members of the FAC received the above assignment along with a Staff Report providing background about RPV's participation in the California Public Employee's Retirement System (CaIPERS)and Staffs calculations ofthe City's estimated unfunded pension liability as of June,30,2010. On March 28,2012,the F AC met,received a presentation from Staff and discussed the question.At the conclusion of that discussion,the Chair appointed committee members Bill James and Dora de la Rosa to act as a subcommittee,study the issue further and report back to the F AC at its April 25,2012 meeting. The subcommittee looked at additional documents,communicated with RPV's Director of Finance,Dennis McLean,its Deputy Director of Finance,Kathryn Downs,and Senior CalPERS Actuary,Kung-pei Hwang,and prepared a draft of this Memorandum. On April 17,2012,the draft Memorandum was sent to the remaining committee members as part ofthe materials for the next meeting.On April 25,the FAC met,received an oral report from the subcommittee,discussed the question again,and adopted the draft 1 6-5 Attachment A Memorandum with minor changes to reflect input and views from other members of the Committee. 3.Report re Calculation of Unfunded Pension Liability To determine the value of its assets and the required contributions of participating agencies,CalPERS employs a "15 year smoothed market"valuation method -an average of market values over such period.The idea is that using an average reflecting general economic conditions over an extended period of time coupled with periodic, conservative tweaking of factors like the return rate will produce a more level,and more predictable,cost factor for participating agencies.Stated a different way,"smoothed values are often used with the goal of producing a pattern of employer contributions to the plan that does not fluctuate as much as the financial markets."l During slower economic times,such a method will overstate the value of the assets available to meet future pension plan needs.As stated by the California Legislative Analyst's Office in its report on Public Pension and Retiree Health Benefits,issued in November,2011: "A troubling trend of California's state and local public pension systems has been the growth of substantial unfunded actuarial accrued liabilities (...).Put in very simple terms,an unfunded liability is the amount that would be needed to be invested into a public pension plan today such that,when coupled with amounts already deposited in the fund plus assumed future investment earnings,all benefits earned to date by public employees would be funded upon their retirement.While there is some disagreement on how to value unfunded liabilities of pension systems,it is clear that California's state and local systems are coping with very large shortfalls.These shortfalls will push costs upward -above what they might otherwise be -for years to come,in some cases."(p.11)2 Concerns have been expressed that the unfunded portions of risk pools have reached troubling levels.Identification of the amount of an agency's individual unfunded pension liability,as well as the total amount of the unfunded liabilities for its pools,may be helpful in assisting that agency's assessment of whether steps should be taken at the local level to mitigate its risks,including the risk of an unexpected increase in its annual payments at some point in the future. Any methodology used to calculate an unfunded pension liability will necessarily require a number of actuarial assumptions,and any number calculated will be an estimate.E.g., 1 U.S.Government Accountability Office Report on State and Local Government Pension Plans,issued in March,2012,at p.45. 2 Also see,e.g.,the 2010-2011 Los Angeles County Grand Jury "Assessment of the State Pension Plans in Los Angles County",which noted,at p.212,the negative effect that the 2009 downturn in the investment markets had had on pension systems,and questions that have been raised concerning both actuarial assumptions and the ability of local governments to continue funding higher contributions. 2 6-6 Attachment A the liability itself will ultimately depend upon how long our employees actually live,not on a current life expectancy table,and the portion of that liability which may be said to be "unfunded"will ultimately depend upon future interest rates,the future performance of pool assets and other economic factors which will vary from year to year and are impossible to precisely predict. a.RPV's estimated unfunded pension liability based upon current CalPERS actuarial assumptions -$3.2 million. RPV participates in a risk pool consisting of agencies with the same benefit formula.In its Actuarial Valuation (as of June 30,2010)for the City of Rancho Palos Verdes, CalPERS provided a number -$238.1 million -which was stated to be the pool's "actuarial unfunded liability".3 In today's economic climate,that number is low,due primarily to the fact that one of CaIPERS'actuarial assumptions is a 7.75%rate ofretum on investments (net of administrative expenses).4 RPV's estimated share of the "actuarial unfunded liability" was approximately $3.2 million.s If CaIPERS'actuarial assumptions were all correct,then this would be the number that RPV would have to pay,over time,in addition to normal annual payments to make up the unfunded portion of the liability.In fact,that is how the amounts of our annual payments are determined.6 b.RPV's estimated unfunded pension liability based upon the market value of assets in our pension pool--$9.6 million. 3 Information concerning the actuarial assumptions employed by CalPERS in preparing its Actuarial Valuation is set forth in Appendix A of Section 2 of that report.They include demographic assumptions such as the percentage of employees who will die,become disabled or retire in each future year,and economic assumptions,such as future salary increases and future returns on CalPERS assets. 4 CalPERS is very conservative when it comes to changing this rate.The rate was 8.25%from 1999 to 2005 and 7.75%from 2006 to 2012.On March 16,2012,the CalPERS Board of Administration voted to reduce the rate to 7.50%beginning FY 2013-14 and directed its staff to phase in the increase in employer contributions over a two year period.CalPERS Circular Letter No.200-010-12. Staff calculated RPV's share based upon projected FY12-13 payrolls and used the same methodology as was used by John Bartel of Bartel &Associates LLC,an actuary who specializes in California public pensions,in a prior presentation to the City.According to the Bartel report,the equivalent number for the fiscal year ending June 30,2009,was $2.7 million.One assumption underlying these estimates is that RPV is a 'typical'city,i.e.,that factors such as the ages and service periods of our employees are average compared to those of other agencies in our risk pool. 6 "The City's pension cost for FY12-13 will be based on 13.914%of covered payroll (base salary,which does not include overtime,bonuses,allowances,or vacation buy-outs).Of this contribution percentage, 4.527%is a payment to reduce the risk pool's unfunded liability (see page 3 of AVR Section 1).This payment is based on the Actuarial Unfunded Liability."Staff Report,at p.3. 3 6-7 Attachment A According to the CalPERS Actuarial Valuation,the total accrued liability for our risk pool was $1.973 billion,and the market value of the pool's assets was approximately $1.261 billion,leaving an "unfunded liability"of approximately $711 million.The estimate ofRPV's "share"of that shortfall was approximately $9.6 million.? c.RPV's estimated unfunded pension liability based upon the cost to terminate the plan --$36 million. If an agency were to seek to terminate its contract for retirement services using the above figures,CalPERS would be required to assume the risk that current market conditions might not tum around.In Circular Letter No.200-058-11,sent to all public agencies on August 19,2011,CalPERS announced that: "To ensure that the most appropriate actuarial assumptions are used at the time a public agency terminates its contract with CalPERS,the Board has adopted an interim method to determine the discount rate,inflation assumption and other related economic assumptions to be used when calculating the liabilities of terminating agencies .... . . .using the US Treasury rates in effect as of June 30,2011,and the new termination calculation method described above,the discount rate for valuation of the Pool as of June 30,2011,would be 3.8%.Using this rate, actuarial liabilities attributable to the Pool increases from $60 million to close to $92 million,...."8 In order to (in their words)"protect member benefits and to mitigate funding risk", CalPERS uses an entirely different methodology when calculating the payout requirement for a terminating agency: "The discount rate assumption to be used for actuarial valuations for employers terminating a contract (or portion of a contract)with CalPERS,and for the annual actuarial valuation of the Terminated Agency Pool,will be a weighted average of the 10 and 30 year US Treasury yields in effect on the valuation date.The weighted average percentages will be the weights that when applied to the duration of the 10 and 30 year US Treasury,determined at current spot rates,equal the duration of the expected benefit payment cash flows of the contract (or portion of a contract in the case of a partial termination)being terminated or the terminated Agency Pool." ?Again,Staff calculated RPV's share based upon projected FY12-13 payrolls.According to the Bartel report referred to in n.6,the equivalent number for the fiscal year ending June 30,2009,was $9.8 million. 8 At pp.2-3,and note,the "Pool"referred to in the Circular Letter is CalPERS'Terminated Agency Pool, not the risk pool in which RPV participates. 4 6-8 Attachment A CalPERS has not done yet any calculations based upon the above methodology. Furthennore,we do not know the exact rate CalPERS would use ifRPV tenninated its pension plan contract since we do not know the duration of our liabilities (which would be based upon the age of our participating staff members,years of service,etc.).But we do know that the U.S.Treasury rate assigned to us in the current market would be substantially less than either the current actuarial discount rate or the current market rate.9 According to CaIPERS,the liability number for a tenninating agency using the above methodology would be approximately twice as much as its share of the Risk Pool's Accrued Liability.Using the same calculations as those used in the Staff Report to estimate a tennination value for RPV,RPV's share of the total Accrued Liability of our Risk Pool would be approximately 2x 1.34%x $1.973 billion =$52.9 million. Subtracting our share of the market value ofthe Pool's assets,1.34%x $1.261 billion = $16.9 million produces a tennination value for RPV of $36 million. A draft of this Memorandum has been reviewed and approved by our CalPERS representative,and the above calculations have been specifically discussed with him. Taking into account (1)that these estimates are based on fiscal year 2010 data,and (2) the inherent limitations of actuarial assumptions,he has advised us that he agrees that they present a fair and accurate picture. 4.Conclusion and Recommendation The Staff Report correctly points out that the number one uses "will depend upon the intended use of the estimate."10 The problem may aptly be compared to the Indian parable of the blind men and the elephant,l1 and,as in the parable,the whole 'elephant'is larger than it may have initially been perceived to be. The first two estimates provided above,$3.2 million and $9.6 million,reflect an estimated "actuarial unfunded liability"and an estimated "market value unfunded liability."These numbers are similar to the numbers stated by John Bartel in his prior report,which was based on the CalPERS Actuarial Valuation (as of June 30,2009). Our "actuarial unfunded liability"reflects a portion of the current projected funding cost of participation in the pension plan.As stated above,we are actually paying this amount 9 E.g.,the 10-year U.S.Treasury yield traded at around 2%on April 16,2012,and the 30 year yield was approximately 3.2%. 10 See,"Exhibit A',last paragraph on p.2. 11 In that story,six blind men were asked to determine what an elephant looked like by feeling different parts of its body.One,who touched its leg said,"the elephant is like a pillar.'A second held its tail and said "the elephant is like a rope."The third touched its trunk and said,"the elephant is like a tree branch." The fourth felt its ear and said "the elephant is like a fan."The fifth touched its tusk and said "the elephant is like a pipe."The last blind man felt the side of its belly and said "the elephant is like a wall." 5 6-9 Attachment A (over time).The third estimate,$36 million,is higher than our liability under the plan in any sense,but would have applicability in the event of an actual termination of the CalPERS contract. A conclusion that the "market value unfunded liability"reflects the most realistic estimate for a participating agency is consistent with changes currently being proposed by the Government accounting Standards Board (GASB): "Under current GASB accounting standards,the discount rate must be the expected return on plan assets.The GASB proposals,if enacted,would set the overall discount rate equal to a composite of (1)the expected return on plan assets to the extent that the plan is funded or projected to be funded,and (2)a high-quality municipal bond rate to the extent that some plan benefits are not expected to be funded in advance.In practice,this blended discount rate is expected to be close to the current basis -that is,the expected return on plan assets -for most plans.The GASB proposals would also require the use of a single actuarial cost method;and they would use the current market value of assets,rather than a smoothed value,in determining a plan's deficit or surplus,which would be reported on the government entity's balance sheet."12 The FAC believes that it would not be cost effective or useful,at this time,to request a set of more precise calculations of the above figures from CaIPERS,or to hire an actuary to perform what would essentially be the same task.In our opinion,either undertaking would have minimal benefit to the City for three reasons:(1)all of these numbers are estimates which will continue to fluctuate and more precise numbers would already be over a year outdated;(2)CalPERS has announced that it intends to provide such information in October of this year 13 ;and (3)neither CalPERS nor an outside actuary would be able to provide us with calculations before then.14 It is our recommendation that the City Council continue this matter until November or December,2012,with a view towards reviewing:(1)the anticipated announcement ofa 12 U.S.Government Accountability Office Report on State and Local Government Pension Plans,issued in March,2012,at pp.47-48 (footnotes omitted);and see,Staff Report,at p.5. 13 As stated in CalPERS Circular Letter 0.200-058-11,at p.3:"In order to ensure transparency and provide relevant information,the CalPERS Actuarial Office expects to be able to provide employers with hypothetical information regarding their termination liabilities as part of the regular annual actuarial valuation report.At this time we expect this information to be available,at the earliest,in the June 30, 2011,actuarial valuation report that will be mailed in October of2012."According to Kung-pei Hwang, that report will provide updated versions of all three numbers discussed in this Memorandum. 14 Hiring an outside consultant could cost in the range of$10,000-18,000,and would take 4-6 weeks after the data becomes available for FY 2010-2011 (This is the estimate provided to Staff by Bartel & Associates LLC.The higher end of the estimate reflects the projected cost of a termination cost analysis.) CalPERS estimates that its response time would be approximately 6 months after a City passes a termination resolution.CalPERS has only just began working on data for FY2010-2011 and has stated that data for such period will not become available until it produces its report in October,2012. 6 6-10 Attachment A new GASB standard in June,2012,and (2)the actuarial valuation report from CalPERS for fiscal year 2011. The City Council and Staff should be in a better position at that time to determine whether to seek more exact information from CalPERS or a consultant actuary,and/or whether any steps should be taken by RPV to mitigate any risks associated with our City's unfunded pension liability (e.g.,dedicating a portion of our reserves,exploring other pension options,etc.). Since the F AC received this assignment,the Council has requested input from us concerning the City's reserve policy.We will respond to that request in a separate report, but anticipate considering the impact,if any,of our unfunded pension liability on that policy,and,if appropriate,making a recommendation to the Council based thereon. 7 6-11 MEMORANDUM TO: HONORABLE CHAIR & MEMBERS OF THE FINANCE ADVISORY COMMITTEE FROM: KATHRYN DOWNS, DEPUTY DIRECTOR OF FINANCE & INFORMATION TECHNOLOGY DATE: MARCH 28, 2012 SUBJECT: ALTERNATIVES FOR IDENTIFYING THE CITY’S UNFUNDED PENSION LIABILITY RECOMMENDATION Provide the City Council with a recommendation to accept, receive and file Staff’s calculations of the estimated unfunded pension liability as of June 30, 2010 which are based upon both the actuarial and market valuation methods. BACKGROUND On January 17, 2012, the City Council made the following assignment to the Finance Advisory Committee (FAC): “The Finance Advisory Committee (FAC) will study the alternatives that are available for the City to accurately ascertain the CalPERS Unfunded Pension Liability owed by the City of Rancho Palos Verdes, as other California General Law cities have successfully done, and report its finding(s) to the City Council within 90 days.” DISCUSSION The City provides a defined pension benefit to its employees by participating in the California Public Employees’ Retirement System (CalPERS). Employees are eligible to retire at age 55, and the pension benefit is calculated as follows: years of service multiplied by 2.5%, multiplied by the final 12 months of base salary. The benefit formula is commonly referred to as 2.5% @ 55. An example employee retiring at age 55 with 25 years of service and a base salary of $80,000 for the final 12 months of employment would retire with an annual pension benefit of $50,000 (25 X 2.5% X $80,000). The annual benefit increases with a cost of living allowance (not to exceed 2% each year) until the employee is June 19, 2012 Attachment B CrTYOF RANCHO PALOS VERDES 6-12 ALTERNATIVES FOR IDENTIFYING THE CITY’S UNFUNDED PENSION LIABILITY March 28, 2012 Page 2 of 5 deceased. The City has less than 100 active members, and is therefore required by CalPERS to participate in a risk pool with other agencies with the same benefit formula. CalPERS prepares an Actuarial Valuation Report (AVR) each year, which identifies the risk pool’s plan assets and accrued liability. The excess of accrued liability over the plan assets is the unfunded liability. The most recent actuarial valuation was issued October 2011 for the year ended June 30, 2010 (see Attachment A). By participating in the risk pool, the City is responsible for its share of the risk pool’s unfunded liability. Additionally, annual contribution rates are set for the entire risk pool based upon the actuarial review of the entire pool, rather than each respective member agency. Alternatives for Identifying the City’s Unfunded Pension Liability After discussions with Kung-Pei Hwang (Senior Actuary at CalPERS) and John Bartel (an independent consulting actuary with Bartel & Associates, LLC), three methods have been identified for determining the City’s unfunded pension liability: 1. Calculate an estimate using information from the AVR; 2. Request a calculation from CalPERS based upon a City Council resolution of intent to terminate the plan; or 3. Contract with a consulting actuary to prepare a calculation. Alternative 1 – Calculate an Estimate We can immediately estimate the City’s share of the risk pool’s unfunded liability using the following calculation. This method is consistent with the method used by John Bartel in a letter addressed to the City Council dated January 18, 2011 (see Attachment B). June 30, 2010 Projected FY12-13 payroll for City A 5,211,033 Projected FY12-13 payroll for Risk Pool B 388,149,050 City's estimated share of Risk Pool A / B = C 1.34% Risk Pool's Actuarial Value of Assets (item # 5 on page 11 of AVR Section 2) D 1,734,769,226 Risk Pool's Market Value of Assets (item # 10 on page 11 of AVR Section 2) E 1,261,453,576 Risk Pool's Accrued Liability (item # 4e on page 11 of AVR Section 2)F 1,972,910,641 Risk Pool's Actuarial Unfunded Liability F - D = G 238,141,415 Risk Pool's Market Value Unfunded Liability F - E = H 711,457,065 City's estimated share of Risk Pool's Actuarial Unfunded Liability C X G 3,197,129 City's esimated share of Risk Pool's Market Value Unfunded Liability C X H 9,551,553 There are at least two issues associated with calculating the City’s estimated share of the risk pool’s unfunded liability. The first issue is: which estimate does one consider when discussing the City’s unfunded liability, the City’s estimated Actuarial Unfunded Liability of $3.2 million or the estimated Market Value Unfunded Liability of $9.6 million? The answer will depend on the intended use of the estimate. 6-13 ALTERNATIVES FOR IDENTIFYING THE CITY’S UNFUNDED PENSION LIABILITY March 28, 2012 Page 3 of 5 If the estimate is used to discuss the City’s additional pension costs related to the unfunded liability, then the estimated Actuarial Unfunded Liability of $3.2 million should be used. The City’s pension cost for FY12-13 will be based on 13.914% of covered payroll (base salary, which does not include overtime, bonuses, allowances, or vacation buy-outs). Of this contribution percentage, 4.527% is a payment to reduce the risk pool’s unfunded liability (see page 3 of AVR Section 1). This payment is based on the Actuarial Unfunded Liability. If the estimate is used to discuss what the City would owe to CalPERS if the City terminated its contract with CalPERS, then the estimated Market Value Unfunded Liability of $9.6 million should be used. If the City were to terminate its contract with CalPERS, the City would be required by law to provide a replacement benefit with a similar value to the employee. There are two distinct advantages to contracting with CalPERS for the employees’ pension benefit: 1) the administration costs are spread over a large number of participating agencies; and 2) the CalPERS investment portfolio is larger than other pension plans, which may contribute to decreased volatility and the opportunity to earn a higher rate of return. The second issue with calculating an estimate of the unfunded liability is that the information is not current. The estimate is based on information as of June 30, 2010. CalPERS assumed an investment return of 7.75% during preparation of the AVR. The CalPERS actual investment return for the year ended June 30, 2011 was 20.9%, which will have a favorable impact on the Market Value Unfunded Liability. Alternative 2 – Request a Calculation from CalPERS As stated previously, CalPERS will only prepare a calculation for the City’s individual unfunded liability when the City leaves the risk pool by terminating the plan; or by improving the benefit, which would move the City into a different risk pool. This information has been verified with Kung-Pei Hwang, Senior Actuary with CalPERS (see Attachment C, email communication with Mr. Hwang). Alternative 3 – Contract with a Consulting Actuary The City can contract with a consulting actuary to prepare a calculation of the City’s unfunded liability. John Bartel of Bartel & Associates LLC is a well respected actuary who specializes in California public pensions and has made presentations to the City Council in the past. It should be noted that Mr. Bartel’s calculation may differ from one prepared by CalPERS or any other professional actuary, as the assumptions may differ. New Accounting Standard The Government Accounting Standards Board (GASB) is the independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments. Periodically, the GASB issues statements for new accounting standards. The GASB is currently working on a statement for postemployment benefit accounting and financial reporting that is expected to be issued in June 2012, effective for the fiscal year ended June 30, 2013. The GASB has been working on this standard since 2006. As with all GASB standards, once the final standard is issued, the City will 6-14 ALTERNATIVES FOR IDENTIFYING THE CITY’S UNFUNDED PENSION LIABILITY March 28, 2012 Page 4 of 5 implement the new accounting and financial reporting requirements. During a conference of the California Society of Municipal Finance Officers held on March 1, 2012, David Bean, Director of Research & Technical Activities at the GASB, stated that the new standard is expected to require that the Market Value Unfunded Liability be shown on the Statement of Net Assets (the City’s balance sheet). During this same conference, Alan Milligan, Chief Actuary at CalPERS, stated that CalPERS will provide the information needed to comply with the new GASB accounting standard to its contracting agencies. Mr. Milligan further stated that the additional work to provide this information to each contracting agency may necessitate an annual administrative charge. Other Information Former Chair James suggested that Staff include additional information to improve the FAC’s general understanding of public employee pensions. Although this information is not directly related to the FAC’s assignment regarding the unfunded liability, Staff agrees that the FAC will benefit from having a better understanding. Staff has attached Governor Brown’s Twelve Point Plan for pension reform, as well as the California Legislative Analyst’s Office response to the Governor’s Plan. FAC Members may be interested in further reading regarding public pensions. The Los Angeles County Civil Grand Jury conducted an assessment of public employee pension plans in Los Angeles County. The Grand Jury’s 2010-2011 report can be found at the following link: http://www.lacera.com/home/pdfs/lac_civil_grand_jury_report%202011.pdf. On March 14, 2012, the CalPERS Board of Administration approved a recommendation to decrease the assumed rate of return on investments from 7.75% to 7.50%. The expected effect of this change will be a 1.0% to 2.0% increase of the Employer contribution rate beginning in FY13-14 (see Attachment F, CalPERS circular letter). The City’s 2011 Five- Year Financial Model included an assumption that the Employer contribution would increase 1.6% in FY13-14. Staff has also included a 20-year history of CalPERS actual investment returns (see Attachment G). Attachments Attachment A – Miscellaneous Plan of the City of Rancho Palos Verdes (Employe # 1020) Annual Valuation Report as of June 30, 2010 Attachment B – January 18, 2011 letter from Bartel & Associates, LLC to the City Council, regarding “City of Rancho Palos Verdes CalPERS Unfunded Liability” Attachment C – January 23, 2012 email communication between Kathryn Downs and Kung-Pei Hwang of CalPERS, regarding “Actuarial for UL” Attachment D – Governor Brown’s “Twelve Point Pension Reform Plan” dated October 27, 2011 6-15 ALTERNATIVES FOR IDENTIFYING THE CITY’S UNFUNDED PENSION LIABILITY March 28, 2012 Page 5 of 5 Attachment E – California Legislative Analyst’s Office “An Initial Response to the Governor’s Proposal” dated November 8, 2011 Attachment F – CalPERS Circular Letter dated March 16, 2012 regarding “Employer Rate Impacts due to Discount Rate Change” Attachment G – CalPERS Actual Investment Returns – A 20 Year History 6-16 California Public Employees’ Retirement System Actuarial Office P.O. Box 942701 Sacramento, CA 94229-2701 TTY: (916) 795-3240 (888) 225-7377 phone • (916) 795-2744 fax www.calpers.ca.gov October 2011 MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES (EMPLOYER # 1020) Annual Valuation Report as of June 30, 2010 Dear Employer, Enclosed please find a copy of the June 30, 2010 actuarial valuation report of your pension plan. Since your plan had less than 100 active members in at least one valuation since June 30, 2003, it is required to participate in a risk pool. The following valuation report has been separated into two Sections:  Section 1 contains specific information for your plan, including the development of your pooled employer contribution rate, and  Section 2 contains the Risk Pool Actuarial Valuation appropriate to your plan, as of June 30, 2010. This report contains important actuarial information about your pension plan at CalPERS. Your CalPERS staff actuary is available to discuss the actuarial report with you. Changes Since the Prior Valuation A temporary modification to our method of determining the actuarial value of assets and amortizing gains and losses was implemented for the valuations as of June 30, 2009 through June 30, 2011. The effect of those modifications continue in this valuation. There may also be changes specific to your plan such as contract amendments and funding changes. Future Contribution Rates The exhibit below displays the required employer contribution rate and Superfunded status for 2012/2013 along with an estimate of the contribution rate and Superfunded status for 2013/2014. The estimated rate for 2013/2014 is based on a projection of the most recent information we have available, including an estimate of the investment return for fiscal 2010/2011, namely 20.0%. See Section 2 Appendix E, “Investment Return Sensitivity Analysis”, for increase in 2014/2015 rate projections under a variety of investment return scenarios for the Risk Pool’s portion of your rate. Please disregard any projections that we may have provided to you in the past. Fiscal Year Employer Contribution Rate Superfunded? 2012/2013 13.914% No 2013/2014 14.1% (projected) No Member contributions (whether paid by the employer or the employee) are in addition to the above rates. Attachment A A CalPERS 6-17 MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES (EMPLOYER # 1020) October 2011 Page 2 The estimate for 2013/2014 assumes that there are no amendments and no liability gains or losses (such as larger than expected pay increases, more retirements than expected, etc.). This is a very important assumption because these gains and losses do occur and can have a significant effect on your contribution rate. Even for the largest plans, such gains and losses can impact the employer’s contribution rate by one or two percent or even more in some less common instances. These gains and losses cannot be predicted in advance so the projected employer contribution rate for 2013/2014 is just an estimate. Your actual rate for 2013/2014 will be provided in next year’s report. If you have questions, please call (888) CalPERS (225-7377). In the interest of allowing us to give every public agency their result, we ask that, if at all possible, you wait until after October 31 to contact us with questions. Sincerely, ALAN MILLIGAN, MAAA, FCA, FSA, FCIA Chief Actuary 6-18 Actuarial Valuation as of June 30, 2010 The MISCELLANEOUS PLAN of the CITY OF RANCHO PALOS VERDES (Employer # 1020) Required Contributions For Fiscal Year July 1, 2012 - June 30, 2013 A CalPERS 6-19 TABLE OF CONTENTS SECTION 1 – PLAN SPECIFIC INFORMATION SECTION 2 – RISK POOL ACTUARIAL VALUATION INFORMATION FIN PROCESS CONTROL ID (CY): 369098 FIN PROCESS CONTROL ID (PY): 345990 REPORT ID: 67723 6-20 Section 1 CALIFORNIA PUBLIC EM PLOYEES’ RETIREMENT SYSTEM Plan Specific Information for The MISCELLANEOUS PLAN of the CITY OF RANCHO PALOS VERDES (Employer # 1020) (Rate Plan # 1107) 6-21 Table of Contents ACTUARIAL CERTIFICATION 1 PURPOSE OF SECTION 1 3 REQUIRED EMPLOYER CONTRIBUTIONS 3 PROJECTED CONTRIBUTIONS 4 RATE VOLATILITY 4 EMPLOYER SIDE FUND 4 SUPERFUNDED STATUS 5 SUMMARY OF PARTICIPANT DATA 5 LIST OF CLASS 1 BENEFIT PROVISIONS 6 INFORMATION FOR COMPLIANCE WITH GASB STATEMENT NO. 27 6 SUMMARY OF MAJOR BENEFIT OPTIONS 7 6-22 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES CalPERS Actuarial Valuation – June 30, 2010 Page 1 Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool Actuarial Certification Section 1 of this report is based on the member and financial data as of June 30, 2010 provided by your agency and contained in our records, and the benefit provisions under your contract with CalPERS. Section 2 of this report is based on the member and financial data as of June 30, 2010 provided by employers participating in the risk pool and contained in our records, and benefit provisions under the CalPERS contracts for those agencies participating in the risk pool. As set forth in Section 2 of this report, the Pool Actuary has certified that, in her opinion, the valuation of the Risk Pool containing your MISCELLANEOUS PLAN has been performed in accordance with generally accepted actuarial principles consistent with standards of practice prescribed by the Actuarial Standards Board, and that the assumptions and methods are internally consistent and reasonable for the Risk Pool, as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees’ Retirement Law. Having relied upon the information set forth in Section 2 of this report and based on the census and benefit provision information for your plan, it is my opinion as your Plan Actuary that the Side Fund as of June 30, 2010 and employer contribution rate as of July 1, 2012, have been properly and accurately determined in accordance with the principles and standards stated above. The undersigned is an actuary for CalPERS and a member of both the American Academy of Actuaries and Society of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. KUNG-PEI HWANG, ASA, MAAA Senior Pension Actuary, CalPERS Plan Actuary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16-23 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES CalPERS Actuarial Valuation – June 30, 2010 Page Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool 3 Purpose of Section 1 Section 1 of this report was prepared by the Plan Actuary in order to:  Certify that the actuarially required employer contribution rate of the MISCELLANEOUS PLAN of the CITY OF RANCHO PALOS VERDES for the fiscal year July 1, 2012 through June 30, 2013 is 13.914%;  Set forth the plan’s Employer Side Fund as of June 30, 2010;  Provide pension information as of June 30, 2010 to be used in financial reports subject to Governmental Accounting Standards Board (GASB) Statement Number 27. This section was prepared in order to provide actuarial information as of June 30, 2010 to the CalPERS Board of Administration and other interested parties The use of this report for any other purposes may be inappropriate. In particular, this report does not contain information applicable to termination or alternative benefit costs. The employer should contact their actuary before disseminating any portion of this report for any reason that is not explicitly described above. Required Employer Contributions Fiscal Year Fiscal Year 2011/2012 2012/2013 Employer Contribution Required (in Projected Dollars) Risk Pool’s Net Employer Normal Cost $ 446,108 $ 457,529 Risk Pool’s Payment on Amortization Bases 206,495 235,903 Surcharge for Class 1 Benefits a) FAC 1 30,918 31,631 Phase out of Normal Cost Difference 0 0 Amortization of Side Fund 0 0 Total Employer Contribution $ 683,521 $ 725,063 Annual Lump Sum Prepayment Option* $ 658,481 $ 698,501 Projected Payroll for the Contribution Fiscal Year $ 5,118,852 $ 5,211,033 Employer Contribution Required (Percentage of Payroll) Risk Pool’s Net Employer Normal Cost 8.715% 8.780% Risk Pool’s Payment on Amortization Bases 4.034% 4.527% Surcharge for Class 1 Benefits a) FAC 1 0.604% 0.607% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% Total Employer Contribution 13.353% 13.914% Appendix C of Section 2 of this report contains a list of Class 1 benefits and corresponding surcharges for each benefit. Risk pooling was implemented as of June 30, 2003. The normal cost difference was scheduled to be phased out over a five year period. The phase out of normal cost difference began at 100% for the first year, and was incrementally reduced by 20% of the original normal cost difference for each subsequent year. *Payment must be received by CalPERS before the first payroll of the new fiscal year and after June 30. 6-24 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES CalPERS Actuarial Valuation – June 30, 2010 Page Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool 4 Projected Contributions The rate shown below is an estimate for the employer contribution for Fiscal Year 2013/2014. The estimated rate is based on a projection of the most recent information we have available, including an estimate of the investment return for fiscal year 2010/2011, namely 20.0%: Projected Employer Contribution Rate: 14.1% The estimate also assumes that there are no liability gains or losses among the plans in your risk pool, that your plan has no new amendments in the next year, and that your plan’s and your risk pool’s payrolls both increase exactly 3.25% in the 2010/2011 fiscal year. Therefore, the projected employer contribution rate for 2013/2014 is just an estimate. Your actual rate for 2013/2014 will be provided in next year’s report. Rate Volatility Your plan’s employer contribution rate will inevitably fluctuate, for many reasons. However, the biggest fluctuations are generally due to changes in the side fund rate resulting from unexpected changes in payroll. The following figure shows how much your 2013/2014 rate would change for each 1% deviation between our 3.25% payroll growth assumption and your actual 2010/2011 payroll growth. POTENTIAL 2013/2014 RATE IMPACT FROM 2010/2011 PAYROLL DEVIATION % Rate Change per 1% Deviation from Assumed 3.25% Payroll Growth: 0.000% Examples: To see how your employer contribution rate might be affected by unexpected payroll change, suppose the following:  The % Rate Change per 1% Deviation figure given above is -0.400%  Your plan’s payroll increased 10% in 2010/2011 (6.75% more than our 3.25% assumption). Then your 2013/2014 rate would decrease -0.400% x (10 – 3.25) = -2.70% from that cause alone. Or conversely, using the same % Rate Change per 1% Deviation figure given above, suppose your plan’s payroll remained the same in 2010/2011 (3.25% less than our 3.25% assumption). Then your 2013/2014 rate would increase -0.400% x (0 – 3.25) = 1.3% from that cause alone. Note that if your plan had a negative side fund, an unexpected payroll increase would spread the payback of the negative side fund over a bigger payroll, which would decrease your plan’s side fu nd percentage rate and the total employer contribution rate. On the other hand, if your plan had a positive side fund, an unexpected payroll increase would spread the payback of the positive side fund over a larger payroll, which would increase your plan’s side fund percentage rate and the total employer contribution rate. In either case, the Side Fund dollar amount would not change. Employer Side Fund At the time of joining a risk pool, a side fund was created to account for the difference between the funded status of the pool and the funded status of your plan. The side fund for your plan as of the June 30, 2010 valuation is shown in the following table. Your side fund will be credited, on an annual basis, with the actuarial investment return assumption. This assumption is currently 7.75%. A positive side fund will cause your required employer contribution rate to 6-25 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES CalPERS Actuarial Valuation – June 30, 2010 Page Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool 5 be reduced by the Amortization of Side Fund shown above in Required Employer Contributions. A negative side fund will cause your required employer contribution rate to be increased by the Amortization of Side Fund. In the absence of subsequent contract amendments or funding changes, the side fund will disappear at the end of the amortization period shown below. Employer Side Fund Reconciliation June 30, 2009 June 30, 2010 Side Fund as of valuation date* $ (1,767,892) $ 0 Adjustments 1,617,690 0 Side Fund Payment 217,429 0 Side Fund one year later $ 0 $ 0 Adjustments 0 0 Side Fund Payment 0 0 Side Fund two years later $ 0 $ 0 Amortization Period 14 13 Side Fund Payment during last year $ 0 $ 0 * If your agency employed vouchers in fiscal year 2009/2010 to pay employee contributions, the June 30, 2010 Side Fund amount has been adjusted by a like amount without any further adjustment to the Side Fund’s amortization period. Similarly, the Side Fund has been adjusted for the increase in liability from any recently adopted Class 1 or Class 2 contract amendments. Also, the Side Fund may be adjusted or eliminated due to recent lump sum payments. Contract amendments and lump sum payments may result in an adjustment to the Side Fund amortization period. Superfunded Status June 30, 2009 June 30, 2010 Is the plan Superfunded? No No [Yes if Assets exceed PVB, No otherwise] Summary of Participant Data The table below shows a summary of your plan’s member data upon which this valuation is based: June 30, 2009 June 30, 2010 Projected Payroll for Contribution Purposes $ 5,118,852 $ 5,211,033 Number of Members Active 81 85 Transferred 53 53 Separated 94 95 Retired 33 34 6-26 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES CalPERS Actuarial Valuation – June 30, 2010 Page Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool 6 List of Class 1 Benefit Provisions  One Year Final Compensation Information for Compliance with GASB Statement No. 27 for Cost-Sharing Multiple-Employer Defined Benefit Plan Your plan is part of the Miscellaneous 2.5% at 55 Risk Pool, a cost-sharing multiple-employer defined benefit plan. Under GASB 27, an employer should recognize annual pension expenditures/expense equal to its contractually required contributions to the plan. Pension liabilities and assets result from the difference between contributions required and contributions made. The contractually required contribution for the period July 1, 2012 to June 30, 2013 has been determined by an actuarial valuation of the plan as of June 30, 2010. Your contribution rate for the indicated period is 13.914% of payroll. In order to calculate the dollar value of the contractually required contributions for inclusion in financial statements prepared as of June 30, 2013, this contribution rate, as modified by any subsequent financing changes or contract amendments for the year, would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2012 to June 30, 2013. However, if this contribution is fully prepaid in a lump sum, then the dollar value of contractually required contributions is equal to the lump sum prepayment. The employer and the employer’s auditor are responsible for determining the contractually required contributions. Further, the required contributions in dollars and the percentage of that amount contributed for the current year and each of the two preceding years is to be disclosed under GASB 27. A summary of principal assumptions and methods used to determine the contractually required contributions is shown below for the cost-sharing multiple-employer defined benefit plan. Valuation Date June 30, 2010 Actuarial Cost Method Entry Age Normal Cost Method Amortization Method Level Percent of Payroll Average Remaining Period 19 Years as of the Valuation Date Asset Valuation Method 15 Year Smoothed Market Actuarial Assumptions Investment Rate of Return 7.75% (net of administrative expenses) Projected Salary Increases 3.55% to 14.45% depending on Age, Service, and type of employment Inflation 3.00% Payroll Growth 3.25% Individual Salary Growth A merit scale varying by duration of employment coupled with an assumed annual inflation growth of 3.00% and an annual production growth of 0.25%. Complete information on assumptions and methods is provided in Appendix A of Section 2 of the report. Appendix B of Section 2 of the report contains a description of benefits included in the Risk Pool Actuarial Valuation. A Schedule of Funding for the Risk Pool’s actuarial value of assets, accrued liability, their relationship, and the relationship of the unfunded liability (UL) to payroll for the risk pool(s) to which your plan belongs can be found in Section 2 of the report. 6-27 SECTION 1 – PLAN SPECIFIC INFORMATION FOR THE MISCELLANEOUS PLAN OF THE CITY OF RANCHO PALOS VERDES Summary of Major Benefit Options Shown below is a summary of the major optional benefits for which your agency has contracted. A description of principal standard and optional plan provisions is in Appendix B within Section 2 of this report. Coverage Group {sum_of_major_ben_1} 70002 70001* Benefit Provision Benefit Formula 2.5% @ 55 2.0% @ 55 Social Security Coverage no no Full/Modified full full Final Average Compensation Period 12 mos. 12 mos. Sick Leave Credit yes yes Non-Industrial Disability standard standard Industrial Disability no no Pre-Retirement Death Benefits Optional Settlement 2W yes yes 1959 Survivor Benefit Level level 4 level 4 Special no no Alternate (firefighters) no no Post-Retirement Death Benefits Lump Sum $500 $500 Survivor Allowance (PRSA) no no COLA 2% 2% Employee Contributions Contractual employer paid no no Contractual Employee Cost sharing 0% 0% *Inactive Coverage Group CalPERS Actuarial Valuation – June 30, 2010 Page 7 Rate Plan belonging to Miscellaneous 2.5% at 55 Risk Pool 6-28 Section 2 CALIFORNIA PUBLIC EM PLOYEES’ RETIREMENT SYSTEM Miscellaneous 2.5% at 55 Risk Pool as of June 30, 2010 6-29 TABLE OF CONTENTS ACTUARIAL CERTIFICATION 1 HIGHLIGHTS AND EXECUTIVE SUMMARY Purpose of Section 2 5 Risk Pool’s Required Employer Contribution 5 Risk Pool’s Required Base Employer Rate 5 Funded Status of the Risk Pool 6 Cost and Volatility 6 Changes Since the Prior Valuation 7 Subsequent Events 7 SUMMARY OF LIABILITIES AND RATES Development of Pool’s Accrued and Unfunded Liabilities 11 (Gain)/Loss Analysis 06/30/09 - 06/30/10 12 Schedule of Amortization Bases for the Risk Pool 13 Development of Risk Pool’s Annual Required Base Contribution 14 Pool’s Employer Contribution Rate History 15 Funding History 15 SUMMARY OF ASSETS Reconciliation of the Market Value of Assets 19 Development of the Actuarial Value of Assets 19 Asset Allocation 20 CalPERS History of Investment Returns 21 SUMMARY OF PARTICIPANT DATA Source of the Participant Data 23 Data Validation Tests and Adjustments 23 Summary of Valuation Data 24 Active Members 25 Transferred and Terminated Members 26 Retired Members and Beneficiaries 27 APPENDIX A Statement of Actuarial Data, Methods and Assumptions APPENDIX B Summary of Principal Plan Provisions APPENDIX C Classification of Optional Benefits Example of Individual Agency’s Rate Calculation Distribution of Class 1 Benefits APPENDIX D List of Participating Employers APPENDIX E Investment Return Sensitivity Analysis APPENDIX F Glossary of Actuarial Terms Risk Pool Valuation Job ID: 391 6-30 ACTUARIAL CERTIFICATION CalPERS Actuarial Valuation – June 30, 2010 1 Miscellaneous 2.5% at 55 Risk Pool Actuarial Certification To the best of my knowledge, Section 2 of this report is complete and accurate and contains sufficient information to disclose, fully and fairly, the funded condition of the Miscellaneous 2.5% at 55 Risk Pool. This valuation is based on the member and financial data as of June 30, 2010 provided by the various CalPERS databases and the benefits under this Risk Pool with CalPERS as of the date this report was produced. It is my opinion that the valuation has been performed in accordance with generally accepted actuarial principles, in accordance with standards of practice prescribed by the Actuarial Standards Board, and that the assumptions and methods are internally consistent and reasonable for this risk pool, as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees’ Retirement Law. The undersigned is an actuary for CalPERS. She is a member of the American Academy of Actuaries and the Society of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. SHELLY CHU, ASA, MAAA Associate Pension Actuary, CalPERS Pool Actuary 6-31 HIGHLIGHTS AND EXECUTIVE SUMMARY  PURPOSE OF SECTION 2  RISK POOL’S REQUIRED EMPLOYER CONTRIBUTION  RISK POOL’S REQUIRED BASE EMPLOYER RATE  FUNDED STATUS OF THE RISK POOL  COST AND VOLATILITY  CHANGES SINCE THE PRIOR VALUATION  SUBSEQUENT EVENTS 6-32 HIGHLIGHTS AND EXECUTIVE SUMMARY CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 5 Purpose of Section 2 This Actuarial Valuation for the Miscellaneous 2.5% at 55 Risk Pool of the California Public Employees’ Retirement System (CalPERS) was performed by CalPERS' staff actuaries using data as of June 30, 2010 in order to:  set forth the actuarial assets and accrued liabilities of this risk pool as of June 30, 2010  establish the actuarially required contribution rate of the pool for the fiscal year July 1, 2012 through June 30, 2013  provide actuarial information as of June 30, 2010 to the CalPERS Board and other interested parties The use of this report for any other purposes may be inappropriate. In particular, this report does not contain information applicable to termination or alternative benefit costs. The employer should contact their actuary before disseminating any portion of this report for any reason that is not explicitly described above. Risk Pool's Required Employer Contribution (figures net of employee contributions) Fiscal Year Fiscal Year 2011/2012 2012/2013 Contribution in Projected Dollars 1. Pool’s Gross Employer Normal Cost $ 37,093,911 $ 37,114,812 2. Payment on Pool’s Amortization Base 15,769,799 17,571,554 3. Payment on Employer Side Funds 14,307,924 13,464,620 4. Total Required Employer Contribution* $ 67,170,901 $ 68,151,210 * Total may not add up due to rounding Contribution as a % of Projected Pay 5. Pool’s Gross Employer Normal Cost 9.489% 9.562% 6. Payment on Pool’s Amortization Base 4.034% 4.527% 7. Payment on Employer Side Funds 3.660% 3.469% 8. Total Required Employer Contribution 17.183% 17.558% These rates are the total required employer contributions by the pool for fiscal years 2011/2012 and 2012/2013. The Pool’s Gross Employer Normal Cost includes the Class 1 surcharges for all employers that contract for the Class 1 type benefits. The payment on the pool’s amortization base is the payment on the ongoing cumulative gains and losses experienced by the pool since its June 30, 2003 inception. The payment on employer side funds is the combination of all expected individual amortization payments on every side fund in the pool. Risk Pool's Required Base Employer Rate Fiscal Year Fiscal Year 2011/2012 2012/2013 1. Pool’s Gross Employer Normal Cost 9.489% 9.562% Less: Surcharges for Class 1 Benefits 0.774% 0.782% 2. Pool’s Net Employer Normal Cost 8.715% 8.780% 3. Payment on Pool's Amortization Base 4.034% 4.527% 4. Pool’s Base Employer Rate 12.749% 13.307% 6-33 HIGHLIGHTS AND EXECUTIVE SUMMARY CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 6 The base employer contribution rate is the rate that each plan within the pool pays before any adjustments are made. It represents the pool funding for basic benefits (no Class 1 surcharges) for the fiscal year shown. To arrive at a plan's total contribution rate, several components must be added to this base rate. These components are Class 1 benefit surcharges, normal cost phase-out and any side-fund payment. More information about those additional components can be found in Section 1 of this report. Funded Status of the Risk Pool June 30, 2009 June 30, 2010 1. Entry Age Normal Accrued Liability $ 1,834,424,640 $ 1,972,910,641 2. Market Value of Assets Including Side Funds (MVA) $ 1,088,733,372 $ 1,261,453,576 Including Receivables 3. Funded Ratio (MVA) [(2) / (1)] 59.4% 63.9% Cost and Volatility Actuarial Cost Estimates in General What will this pension plan cost? Unfortunately, there is no simple answer. There are two major reasons for the complexity of the answer: First, all actuarial calculations, including those in this report, are based on a number of assumptions about the future. These assumptions can be divided into two categories.  Demographic assumptions include the percentage of employees that will terminate, die, become disabled, and retire in each future year.  Economic assumptions include future salary increases for each active employee, and the assumption with the greatest impact, future asset returns at CalPERS for each year into the future until the last dollar is paid to current members of your plan. While CalPERS has set these assumptions as our best estimate of the real future of your plan, it must be understood that these assumptions are very long term predictors and will surely not be realized in any one year. For example, while the asset earnings at CalPERS have averaged more than the assumed return of 7.75% for the past twenty year period ending June 30, 2011, returns for each fiscal year ranged from -24% to +20.7% Second, the very nature of actuarial funding produces the answer to the question of plan or pool cost as the sum of two separate pieces:  The Normal Cost (i.e., the future annual premiums in the absence of surplus or unfunded liability) expressed as a percentage of total active payroll, and  The Past Service Cost or Accrued Liability (i.e., representing the current value of the benefit for all credited past service of current members) which is expressed as a lump sum dollar amount. The cost is the sum of a percent of future pay and a lump sum dollar amount (the sum of an apple and an orange if you will). To communicate the total cost, either the Normal Cost (i.e., future percent of payroll) must be converted to a lump sum dollar amount (in which case the total cost is the present value of benefits), or the Past Service Cost (i.e., the lump sum) must be converted to a percent of payroll (in which case the total cost is expressed as the employer’s rate, part of which is permanent and part temporary). Converting the Past Service Cost lump sum to a percent of payroll requires a specific amortization period, and the plan or pool rate will vary depending on the amortization period chosen. Rate Volatility As is stated above, the actuarial calculations supplied in this communication are based on a number of assumptions about very long term demographic and economic behavior. Unless these assumptions (terminations, deaths, disabilities, retirements, salary growth, and investment return) are exactly realized each year, there will be differences on a year to year basis. The year-to-year differences between actual experience and the assumptions are called actuarial gains and losses and serve to lower or raise the plan or pool’s rates from one year to the next. Therefore, the rates will inevitably fluctuate, especially due to the ups and downs of 6-34 HIGHLIGHTS AND EXECUTIVE SUMMARY CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 7 investment returns. Pools that have higher asset to payroll ratios produce more volatile employer rates. In the table below we have shown the pool’s volatility index, based on the retirement formula, a measure of the pool’s potential future rate volatility. It should be noted that this ratio increases over time but generally tends to stabilize as the plan or pool matures. A plan that has a volatility index that is three times the index of a second plan is expected to eventually have three times the volatility in rates as compared to the second plan. As of June 30, 2010 Market Value of Assets without Receivables $ 1,257,596,707 Payroll 352,637,380 Volatility Index 3.6 Changes since the Prior Valuation Actuarial Assumptions There were no changes made to the actuarial assumptions since the prior year’s actuarial valuation. The only exception would be changes necessary to reflect a benefit amendment. Actuarial Methods A method change was adopted by the CalPERS Board in June 2009. We are in the second year of a 3-year temporary change to the asset smoothing method and the amortization of gain and losses in order to phase in the impact of the -24% investment loss experienced by CalPERS in fiscal year 2008-2009. The following changes were adopted:  Increase the corridor limits for the actuarial value of assets from 80%-120% of market value to 60%-140% of market value on June 30, 2009  Reduce the corridor limits for the actuarial value of assets to 70%-130% of market value on June 30, 2010  Return to the 80%-120% of market value corridor limits for the actuarial value of assets on June 30, 2011 and thereafter  Isolate and amortize all gains and losses during fiscal year 2008-2009, 2009-2010 and 2010-2011 over fixed and declining 30 year periods (as opposed to the current rolling 30 year amortization) A complete description of all methods is in Appendix A. The detailed calculation of the actuarial value of assets is shown in the “Development of the Actuarial Value of Assets.” Benefits The standard actuarial practice at CalPERS is to recognize mandated legislative benefit changes in the first annual valuation whose valuation date follows the effective date of the legislation. Voluntary benefit changes by employers within the risk pool are generally included in the first valuation that is prepared after the amendment becomes effective even if the valuation date is prior to the effective date of the amendment. The valuation generally reflects plan changes by amendments effective prior to July 1, 2011. Please refer to Appendix B for a summary of the plan provisions used in this valuation report. The provisions in Appendix B do not indicate the class of benefits voluntarily contracted for by individual employers within the risk pool. Refer to Section 1 of the valuation report for a list of your specific contracted benefits. The increase in the pool’s unfunded liabilities due to Class 1 or 2 amendments by individual employers within the pool is embedded in the Liability (Gain) / Loss shown in the (Gain) / Loss section of this report. This amount, however, is offset by additional contributions through a surcharge for employers who voluntarily contract for those benefits. Subsequent Events There were no significant subsequent events to report in this valuation. 6-35 SUMMARY OF LIABILITIES AND RATES  DEVELOPMENT OF POOL’S ACCRUED AND UNFUNDED LIABILITIES  (GAIN)/LOSS ANALYSIS 06/30/09 - 06/30/10  SCHEDULE OF AMORTIZATION BASES FOR THE RISK POOL  DEVELOPMENT OF RISK POOL’S ANNUAL REQUIRED BASE CONTRIBUTION  POOL’S EMPLOYER CONTRIBUTION RATE HISTORY  FUNDING HISTORY 6-36 SUMMARY OF LIABILITY AND RATES CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 11 Development of Pool’s Accrued and Unfunded Liabilities 1. Present Value of Projected Benefits June 30, 2009 June 30, 2010 a) Active Members $ 1,326,239,932 $ 1,339,987,980 b) Transferred Members 177,385,802 177,631,215 c) Separated Members 49,024,072 51,059,941 d) Members and Beneficiaries Receiving Payments 747,017,292 864,471,903 e) Total $ 2,299,667,098 $ 2,433,151,039 2. Present Value of Future Employer Normal Costs $ 244,377,139 $ 242,963,283 3. Present Value of Future Employee Contributions $ 220,865,319 $ 217,277,115 4. Entry Age Normal Accrued Liability a) Active Members [(1a) - (2) - (3)] $ 860,997,474 $ 879,747,582 b) Transferred Members (1b) 177,385,802 177,631,215 c) Separated Members (1c) 49,024,072 51,059,941 d) Members and Beneficiaries Receiving Payments (1d) 747,017,292 864,471,903 e) Total $ 1,834,424,640 $ 1,972,910,641 5. Actuarial Value of Assets (AVA) Including Receivables $ 1,493,430,831 $ 1,603,482,152 6. Unfunded Accrued Liability [(4e) - (5)] 340,993,809 369,428,489 7. Side Funds (AVA) $ (133,165,243) $ (131,287,074) 8. Actuarial Value of Assets excluding Side Funds [(5) - (7)] 1,626,596,074 1,734,769,226 Including Receivables 9. Unfunded Liability excluding Side Funds [(4e) - (8)] 207,828,566 238,141,415 10. Market Value of Assets (MVA) Including Receivables $ 1,088,733,372 $ 1,261,453,576 11. Funded Ratio (MVA) [(10) / (4e)] 59.4% 63.9% 6-37 SUMMARY OF LIABILITY AND RATES CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 12 (Gain)/Loss Analysis 06/30/09 - 06/30/10 We introduced the concepts of Actuarial Gains and Losses in the Cost and Volatility Section of this report. To reiterate, when we calculate the cost requirements of your plan, we use assumptions about future events that affect the amount and timing of benefits to be paid and assets to be accumulated. Each year actual experience is contrasted against the expected experience based on the actuarial assumptions. The differences are reflected below as your pool’s actuarial gains or losses. 1. Total (Gain)/Loss a) Unfunded Liability/(Surplus) as of June 30, 2009 $ 207,828,566 b) Expected payment on the unfunded liability 1,839,203 c) Interest accumulation [.0775 X (1a) - ((1.0775)^.5 - 1) X (1b)] 16,036,775 d) Expected Unfunded Liability before other changes [(1a) - (1b) + (1c)] 222,026,138 e) Change due to assumption changes 0 f) Expected Unfunded Liability after changes[(1d) + (1e)] 222,026,138 g) Actual Unfunded Liability/(Surplus) as of June 30, 2010 238,141,415 h) Total (Gain)/Loss [(1g) - (1f)] $ 16,115,278 2. Contribution (Gain)/Loss a) Expected contribution $ 82,534,025 b) Expected interest on contributions 3,138,519 c) Total expected contributions with interest [(2a) + (2b)] 85,672,544 d) Actual contributions 84,145,782 e) Expected interest on actual contributions 3,199,810 f) Total actual contributions with interest [(2d) + (2e)] 87,345,592 g) Contribution (Gain)/Loss [(2c) - (2f)] $ (1,673,048) 3. Asset (Gain)/Loss a) Actuarial Value of Assets as of 06/30/09 Including Receivables $ 1,493,430,831 b) Receivables as of 06/30/09 4,276,919 c) Actuarial Value of Assets as of 06/30/09 1,489,153,912 d) Contributions received 84,145,782 e) Benefits, refunds and lump sums paid (70,732,389) f) Transfers and miscellaneous adjustments (114,297) g) Expected interest 115,915,153 h) Transfers into the pool (AVA Basis) 186,423,972 i) Transfers out of the pool (AVA Basis) (180,816,693) j) Expected Assets as of 06/30/10 [Sum (3c) through (3i)] 1,623,975,440 k) Receivables as of 06/30/10 3,856,869 l) Expected Assets Including Receivables 1,627,832,309 m) Actual Actuarial Value of Assets as of 06/30/10 Including Receivables 1,603,482,152 n) Asset (Gain)/Loss [(3l) – (3m)] $ 24,350,157 4. Liability (Gain)/Loss a) Total (Gain)/Loss (1h) $ 16,115,278 b) Contribution (Gain)/Loss (2g) (1,673,048) c) Asset (Gain)/Loss excluding side fund (3n) 24,350,157 d) Liability (Gain)/Loss [(4a) - (4b) - (4c)]* $ (6,561,831) * Includes (Gain)/Loss on plans transferring into the pool. 6-38 SUMMARY OF LIABILITY AND RATES CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 13 Schedule of Amortization Bases for the Risk Pool The schedule below shows the development of the payment on the Pool’s amortization bases used to determine the Total Required Employer Contributions to the Pool. Each row of the schedule gives a brief description of a base (or portion of the Unfunded Actuarial Liability), the balance of the base on the valuation date, and the number of years remaining in the amortization period. In addition, we show the expected payments for the two years immediately following the valuation date, the balances on the dates a year and two years after the valuation date, and the scheduled payment for fiscal year 2012-2013. Please refer to Appendix A for an explanation of how amortization periods are determined. Schedule of Amortization Reason for Base Amortization Period Balance on June 30, 2010 Expected Payment 10-11 Balance June 30, 2011 Expected Payment 11-12 Balance June 30, 2012 Scheduled Payment for 2012-2013 Payment as a percentage of payroll 2004 FRESH START 24 $4,896,892 $316,767 $4,947,588 $327,062 $4,991,527 $337,692 0.087% 2005 (GAIN)/LOSS 30 $73,792,611 $4,431,318 $74,911,710 $4,498,520 $76,047,782 $4,566,743 1.177% 2005 PAYMENT (GAIN)/LOSS 30 $(5,530,540) $(5,001,054) $(767,928) $778,131 $(1,635,163) $(98,194) (0.027%) 2009 ASSUMPTION CHANGE 19 $94,276,588 $(897,306) $102,514,451 $7,743,035 $102,421,842 $7,994,684 2.060% 2009 SPECIAL (GAIN)/LOSS 29 $54,590,587 $0 $58,821,357 $3,532,280 $59,713,410 $3,647,079 0.940% 2010 SPECIAL (GAIN)/LOSS 30 $16,115,277 $0 $17,364,211 $0 $18,709,937 $1,123,550 0.289% Total $238,141,415 $(1,150,275) $257,791,389 $16,879,028 $260,249,335 $17,571,554 4.527% The special (gain)/loss bases are special bases established for the gain/loss that is recognized in the 2009, 2010, and 2011 annual valuations. Unlike the gain/loss occurring in previous and subsequent years, the gain/loss recognized in the 2009, 2010, and 2011 annual valuations will be amortized over fixed and declining 30 year periods so that these annual gain/losses will be fully paid off in 30 years. 6-39 SUMMARY OF LIABILITY AND RATES CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 14 Development of Risk Pool’s Annual Required Base Contribution Fiscal Year Fiscal Year 2011/2012 2012/2013 1. Contribution in Projected Dollars a) Total Normal Cost $ 68,265,463 $ 67,937,728 b) Employee Contribution 31,171,551 30,822,916 c) Pool’s Gross Employer Normal Cost [(1a) - (1b)] 37,093,911 37,114,812 d) Total Surcharges for Class 1 Benefits 3,025,681 3,035,326 e) Net Employer Normal Cost [(1c) - (1d)] 34,068,230 34,079,487 f) Payment on Pool’s Amortization Base $ 15,769,799 $ 17,571,554 g) Total Required Employer Contributions [(1e) + (1f)] 49,838,029 51,651,041 2. Annual Covered Payroll as of Valuation Date $ 355,150,151 $ 352,637,380 3. Projected Payroll for Contribution Fiscal Year $ 390,914,864 $ 388,149,050 4. Contribution as a % of Projected Pay a) Total Normal Cost [(1a) / (3)] 17.463% 17.503% b) Employee Contribution [(1b) / (3)] 7.974% 7.941% c) Pool’s Gross Employer Normal Cost [(1c) / (3)] 9.489% 9.562% d) Total Surcharges for Class 1 Benefits [(1d) / (3)] 0.774% 0.782% e) Net Employer Normal Cost [(1e) / (3)] 8.715% 8.780% f) Payment on Pool’s Amortization Base [(1f) / (3)] 4.034% 4.527% g) Total Required Employer Contributions [(1g) / (3)] 12.749% 13.307% 6-40 SUMMARY OF LIABILITY AND RATES CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 15 Pool’s Employer Contribution Rate History Valuation Date Net Employer Normal Cost Total Surcharges for Class 1 Benefits Gross Employer Normal Cost Payment on Pool’s Amortization Bases Total Payment On Employer Side Funds Total Employer Contribution 06/30/2006 8.377% 0.863% 9.240% 0.656% 4.503% 14.399% 06/30/2007 8.403% 0.775% 9.178% 0.762% 3.817% 13.757% 06/30/2008 8.478% 0.756% 9.234% 1.202% 3.690% 14.126% 06/30/2009 8.715% 0.774% 9.489% 4.034% 3.660% 17.183% 06/30/2010 8.780% 0.782% 9.562% 4.527% 3.469% 17.558% Funding History Valuation Date Accrued Liabilities (AL) Market Value of Assets (MVA) Funded Ratio (MVA/AL) 06/30/2006 $912,988,585 $831,688,706 91.1% 06/30/2007 $1,315,454,361 $1,322,660,245 100.6% 06/30/2008 $1,537,909,933 $1,353,157,484 88.0% 06/30/2009 $1,834,424,640 $1,088,733,372 59.4% 06/30/2010 $1,972,910,641 $1,261,453,576 63.9% Valuation Date Accrued Liabilities (AL) Actuarial Value of Assets (AVA) Unfunded Liabilities (UL) Funded Ratio (AVA/AL) Annual Covered Payroll UL As a % of Payroll 06/30/2006 $912,988,585 $787,758,909 $125,229,676 86.3% $200,320,145 62.5% 06/30/2007 $1,315,454,361 $1,149,247,298 $166,207,063 87.4% $289,090,187 57.5% 06/30/2008 $1,537,909,933 $1,337,707,835 $200,202,098 87.0% $333,307,600 60.1% 06/30/2009 $1,834,424,640 $1,493,430,831 $340,993,809 81.4% $355,150,151 96.0% 06/30/2010 $1,972,910,641 $1,603,482,152 $369,428,489 81.3% $352,637,380 104.8% Information shown here is for compliance with GASB No. 27 for a cost-sharing multiple-employer defined benefit plan. 6-41 SUMMARY OF ASSETS  RECONCILIATION OF THE MARKET VALUE OF ASSETS  DEVELOPMENT OF THE ACTUARIAL VALUE OF ASSETS  ASSET ALLOCATION  CALPERS HISTORY OF INVESTMENT RETURNS 6-42 SUMMARY OF ASSETS CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 19 Reconciliation of the Market Value of Assets 1. Market Value of Assets as of June 30, 2009 Including Receivables $ 1,088,733,372 2. Receivables for Service Buybacks as of June 30, 2009 4,276,919 3. Market Value of Assets as of June 30, 2009 [1 - 2] 1,084,456,453 4. Employer Contributions 50,270,542 5. Employee Contributions 33,875,240 6. Benefit Payments to Retirees and Beneficiaries (68,445,167) 7. Refunds (1,759,508) 8. Lump Sum Payments (527,714) 9. Transfers and Miscellaneous Adjustments (114,297) 10. Investment Return 155,432,816 11. Market Value of Assets as of June 30, 2010 (w/o Pool Transfers) $ 1,253,188,365 12. Transfers into and out of the Risk Pool 4,408,342 13. Market Value of Assets as of June 30, 2010 $ 1,257,596,707 14. Receivables for Service Buybacks as of June 30, 2010 3,856,869 15. Market Value of Assets as of June 30, 2010 Including Receivables [13 + 14] 1,261,453,576 Development of the Actuarial Value of Assets 1. Actuarial Value of Assets as of June 30, 2009 Used for Rate Setting Purposes 1,493,430,831 2. Receivables for Service Buyback as of June 30, 2009 4,276,919 3. Actuarial Value of Assets as of June 30, 2009 [1 - 2] 1,489,153,912 4. Employer Contributions 50,270,542 5. Employee Contributions 33,875,240 6. Benefit Payments to Retirees and Beneficiaries (68,445,167) 7. Refunds (1,759,508) 8. Lump Sum Payments (527,714) 9. Transfers and Miscellaneous Adjustments (114,297) 10. Expected Investment Income at 7.75% 115,915,153 11. Expected Actuarial Value of Assets (w/o Pool Transfers) $ 1,618,368,161 12. Market Value of Assets June 30, 2010 (w/o Pool Transfers) 1,253,188,365 13. Preliminary Actuarial Value of Assets (w/o Pool Transfers) [(11) + ((12) - (11)) / 15] 1,594,022,841 14. Preliminary Actuarial Value to Market Value Ratio 127.20% 15. Final Actuarial Value to Market Value Ratio (minimum 70%, maximum 130%) 127.20% 16. Market Value of Assets June 30, 2010 1,257,596,707 17. Actuarial Value of Assets as of June 30, 2010 1,599,625,283 18. Receivables for Service Buybacks as of June 30, 2010 3,856,869 19. Actuarial Value of Assets as of June 30, 2010 Used for Rate Setting Purposes [17 + 18] 1,603,482,152 6-43 SUMMARY OF ASSETS CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 20 Asset Allocation CalPERS follows a strategic asset allocation policy that identifies the percentage of funds to be invested in each asset class. The current target allocation was adopted by the Board in December 2010 The asset allocation and market value of assets shown below reflect the values of the Public Employees Retirement Fund (PERF) in its entirely as of June 30, 2010. The assets for Miscellaneous 2.5% at 55 Risk Pool are part of the Public Employees Retirement Fund (PERF) and are invested accordingly. (A) Asset Class (B) Market Value ($ Billion) (C) Current Allocation (D) Current Target 1) Short-term Investments 9.3 4.6% 4.0% 2) Total Global Fixed Income 53.4 26.2% 16.0% 3) Total Equities 91.9 45.1% 49.0% 4) Inflation Linked (ILAC) 5.0 2.5% 4.0% 5) Total Real Estate 15.2 7.5% 13.0% 6) Alternative Investments 28.7 14.1% 14.0% Total Fund 203.51 100.0% 100.0% 1 Differences between investment values above and the values on the Summary of Investments on page 23 of the Comprehensive Annual Financial Report (Year Ended June 30, 2010) are due to differences in reporting methods. The Summary of Investments includes Net Investment Receivables/Payables. 26.2% Fixed Income 45.1% Total Equites 14.1% Alternative Investments 7.5% Real Estate 2.5% ILAC 4.6% Short-term Investments 6-44 SUMMARY OF ASSETS CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 21 CalPERS 20-Year History of Investment Returns The following is a chart with historical annual returns of the Public Employees Retirement Fund for each fiscal year ending on June 30. Beginning with June 30, 2002 the figures are reported as gross of fees. 25.0%N ~Q ~...~~ >#.U;:~... 20.0%~~in~'"~..>#.'">#.~ ~U;:>#.~t:~ ,. N N 15.0%~r-~~w 00 >#.>#.>#.Q >#.in >#. >#. 10.0%~I--l-I-l-I- ~ t ,. I-~l-I-l-I- 5.0%~0.0%1;:::bi:-1;:::-1;:::-1;:::;::::1;:::-1;:::=r ~~ 1 92 93 94 95 96 97 98 99 00 03 04 05 06 07 10 -5.0%-t--- '"'">: -10.0%N >#.t--- >#. -15.0%t--- I--20.0% 25.0%Q '-------, 6-45 SUMMARY OF PARTICIPANT DATA  SOURCE OF THE PARTICIPANT DATA  DATA VALIDATION TESTS AND ADJUSTMENTS  SUMMARY OF VALUATION DATA  ACTIVE MEMBERS  TRANSFERRED AND TERMINATED MEMBERS  RETIRED MEMBERS AND BENEFICIARIES 6-46 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 23 Source of the Participant Data The data was extracted from various databases within CalPERS and placed in a database by a series of extract programs. Included in this data are:  individual member and beneficiary information,  employment and payroll information,  accumulated contributions with interest,  service information,  benefit payment information,  information about the various organizations which contract with CalPERS, and  detailed information about the plan provisions applicable to each group of members. Data Validation Tests and Adjustments Once the information is extracted from the various computer systems into the database, update queries are then run against this data to correct for flaws found in the data. This part of the process is intended to validate the participant data for all CalPERS plans. The data is then checked for reasonableness and consistency with data from the prior valuation. Checks on the data include:  a reconciliation of the membership of the plans,  comparisons of various member statistics (average attained age, average entry age, average salary, etc.) for each plan with those from the prior valuation,  comparisons of pension amounts for each retiree and beneficiary receiving payments with those from the prior valuation,  checks for invalid ages and dates, and  reasonableness checks on various key data elements such as service and salary. As a result of the tests on the data, a number of adjustments were determined to be necessary. These included:  dates of hire and dates of entry were adjusted where necessary to be consistent with the service fields, the date of birth and each other. 6-47 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 24 Summary of Valuation Data June 30, 2009 June 30, 2010 1. Number of Plans in the Risk Pool 163 164 2. Active Members a) Counts 5,492 5,441 b) Average Attained Age 45.59 45.76 c) Average Entry Age on Rate Plan 36.61 36.58 d) Average Years of Service 8.98 9.18 e) Average Annual Covered Pay $ 64,667 $ 64,811 f) Annual Covered Payroll $ 355,150,151 $ 352,637,380 g) Projected Annual Payroll for Contribution Year $ 390,914,864 $ 388,149,050 h) Present Value of Future Payroll $ 2,766,104,432 $ 2,731,254,788 3. Transferred Members a) Counts 2,507 2,555 b) Average Attained Age 47.19 47.40 c) Average Years of Service 3.95 3.89 d) Average Annual Covered Pay $ 86,531 $ 85,281 4. Terminated Members a) Counts 2,383 2,483 b) Average Attained Age 45.40 45.78 c) Average Years of Service 3.19 3.05 d) Average Annual Covered Pay $ 40,850 $ 40,968 5. Retired Members and Beneficiaries a) Counts* 4,286 4,657 b) Average Attained Age 68.04 67.99 c) Average Annual Benefits* $ 14,587 $ 15,542 6. Active to Retired Ratio [(2a) / (5a)] 1.28 1.17 Counts of members included in the valuation are counts of the records processed by the valuation. Multiple records may exist for those who have service in more than one valuation group. This does not result in double counting of liabilities. * Values may not match those on pages 27 and 28 due to inclusion of community property settlements. 6-48 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 25 Active Members Counts of members included in the valuation are counts of the records processed by the valuation. Multiple records may exist for those who have service in more than one valuation group. This does not result in double counting of liabilities. Distribution of Active Members by Age and Service Years of Service at Valuation Date Attained Age 0-4 5-9 10-14 15-19 20-24 25+ Total 15-24 154 4 0 0 0 0 158 25-29 348 80 0 0 0 0 428 30-34 311 172 47 5 0 0 535 35-39 278 181 90 28 2 0 579 40-44 288 183 124 66 35 2 698 45-49 302 204 134 90 100 47 877 50-54 290 220 155 114 107 98 984 55-59 177 158 104 81 72 97 689 60-64 90 101 51 36 35 44 357 65 and over 38 33 24 20 9 12 136 All Ages 2276 1336 729 440 360 300 5,441 Distribution of Average Annual Salaries by Age and Service Years of Service at Valuation Date Attained Age 0-4 5-9 10-14 15-19 20-24 25+ Average 15-24 $30,818 $46,596 $0 $0 $0 $0 $31,218 25-29 46,155 53,299 0 0 0 0 47,490 30-34 51,951 62,006 59,549 64,515 0 0 55,969 35-39 56,922 64,116 66,519 77,726 66,493 0 61,702 40-44 59,074 69,886 67,127 72,047 71,329 74,286 65,224 45-49 64,568 68,634 72,591 80,234 78,808 76,712 70,622 50-54 68,399 69,418 74,320 84,639 78,553 75,930 73,295 55-59 62,939 70,058 70,216 77,761 86,998 80,284 72,369 60-64 66,082 65,174 70,413 73,405 67,506 80,539 69,104 65 and over 44,387 64,032 63,787 50,315 58,057 61,260 55,843 Average 56,200 66,278 69,658 77,435 77,957 77,539 64,811 6-49 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 26 Transferred and Terminated Members Distribution of Transfers to Other CalPERS Plans by Age and Service Years of Service at Valuation Date Attained Age 0-4 5-9 10-14 15-19 20-25 25+ Total Average Salary 15-24 20 0 0 0 0 0 20 $50,817 25-29 105 5 0 0 0 0 110 63,876 30-34 193 24 0 0 0 0 217 63,895 35-39 198 39 9 1 0 0 247 75,224 40-44 253 78 11 9 1 0 352 84,149 45-49 339 115 31 11 2 1 499 89,152 50-54 326 110 50 21 3 0 510 93,076 55-59 269 69 34 6 5 0 383 89,978 60-64 120 40 14 6 0 0 180 99,871 65 and over 30 2 4 1 0 0 37 91,636 All Ages 1853 482 153 55 11 1 2,555 85,281 Distribution of Terminated Participants with Funds on Deposit by Age and Service Years of Service at Valuation Date Attained Age 0-4 5-9 10-14 15-19 20-25 25+ Total Average Salary 15-24 48 0 0 0 0 0 48 $28,052 25-29 168 3 0 0 0 0 171 33,002 30-34 249 27 0 0 0 0 276 37,873 35-39 246 34 4 0 0 0 284 39,591 40-44 251 66 16 1 0 0 334 47,287 45-49 335 84 21 8 4 1 453 45,345 50-54 269 83 29 10 1 1 393 43,923 55-59 191 53 12 6 0 2 264 40,557 60-64 134 29 17 2 2 0 184 34,839 65 and over 56 16 3 0 0 1 76 30,568 All Ages 1947 395 102 27 7 5 2,483 40,968 6-50 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 27 Retired Members and Beneficiaries Distribution of Retirees and Beneficiaries by Age and Retirement Type* Attained Age Service Retirement Non- Industrial Disability Industrial Disability Non- Industrial Death Industrial Death Death After Retirement Total Under 30 0 0 0 0 0 1 1 30-34 0 1 0 0 0 1 2 35-39 0 3 5 0 0 2 10 40-44 0 2 8 0 0 3 13 45-49 0 14 12 2 2 9 39 50-54 144 33 16 1 0 13 207 55-59 632 49 15 2 0 17 715 60-64 952 50 14 4 0 39 1,059 65-69 801 40 14 6 1 53 915 70-74 484 34 2 4 0 75 599 75-79 336 18 2 3 0 86 445 80-84 239 6 0 2 0 91 338 85 and Over 195 5 0 4 0 106 310 All Ages 3783 255 88 28 3 496 4,653 Distribution of Average Annual Amounts for Retirees and Beneficiaries by Age and Retirement Type* Attained Age Service Retirement Non- Industrial Disability Industrial Disability Non- Industrial Death Industrial Death Death After Retirement Average Under 30 $0 $0 $0 $0 $0 $6,671 $6,671 30-34 0 8,485 0 0 0 866 4,676 35-39 0 14,075 136 0 0 9,825 6,256 40-44 0 12,397 2,778 0 0 4,970 4,764 45-49 0 8,730 2,215 23,180 490 11,851 7,764 50-54 17,038 11,835 3,963 6,830 0 14,034 14,960 55-59 21,245 13,015 2,951 7,935 0 17,899 20,180 60-64 18,809 12,198 3,018 16,971 0 11,364 18,007 65-69 16,370 10,682 5,589 9,659 45 12,231 15,655 70-74 15,117 8,727 3,532 10,784 0 10,986 14,170 75-79 13,551 6,752 1,032 2,869 0 11,449 12,742 80-84 12,523 9,546 0 9,271 0 9,198 11,556 85 and Over 9,882 9,090 0 2,833 0 8,943 9,457 All Ages 16,836 10,918 3,259 9,875 341 10,727 15,551 6-51 SUMMARY OF PARTICIPANT DATA CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool 28 Retired Members and Beneficiaries (continued) Distribution of Retirees and Beneficiaries by Years Retired and Retirement Type* Years Retired Service Retirement Non- Industrial Disability Industrial Disability Non- Industrial Death Industrial Death Death After Retirement Total Under 5 Yrs 1556 37 31 9 0 191 1,824 5-9 943 56 20 4 0 128 1,151 10-14 580 65 21 4 2 76 748 15-19 330 49 8 6 0 36 429 20-24 215 26 5 2 0 19 267 25-29 120 12 3 2 0 22 159 30 and Over 39 10 0 1 1 24 75 All Years 3783 255 88 28 3 496 4,653 Distribution of Average Annual Amounts for Retirees and Beneficiaries by Years Retired and Retirement Type* Years Retired Service Retirement Non- Industrial Disability Industrial Disability Non- Industrial Death Industrial Death Death After Retirement Average Under 5 Yrs $22,067 $14,688 $1,787 $13,642 $0 $13,587 $20,643 5-9 15,083 13,408 2,383 15,377 0 10,112 14,229 10-14 13,340 10,481 6,475 8,490 490 8,648 12,362 15-19 11,506 8,792 2,789 4,835 0 8,754 10,709 20-24 11,441 8,002 5,025 1,926 0 9,671 10,789 25-29 8,059 8,308 107 9,271 0 5,676 7,613 30 and Over 4,324 7,002 0 6,858 45 6,250 5,274 All Years 16,836 10,918 3,259 9,875 341 10,727 15,551 * Counts of members do not include alternate payees receiving benefits while the member is still working. Therefore, the total counts may not match information on page 24 of the report. Multiple records may exist for those who have service in more than one coverage group. This does not result in double counting of liabilities. 6-52 APPENDIX A  STATEMENT OF ACTUARIAL DATA, METHODS AND ASSUMPTIONS 6-53 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-1 Data As stated in the Actuarial Certification, the data which serves as the basis of this valuation has been obtained from the various CalPERS databases. We have reviewed the valuation data and believe that it is reasonable and appropriate in aggregate. We are unaware of any potential data issues that would have a material effect on the results of this valuation, except that data does not always contain the latest salary information for former members now in reciprocal systems and does not recognize the potential for usually large salary deviation in certain cases such as elected officials. Therefore, salary information in these cases may not be accurate. These situations are relatively infrequent, however, and when they do occur, they generally do not have a material impact on the employer contribution rates. Actuarial Methods Funding Method The actuarial funding method used for the Retirement Program is the Entry Age Normal Cost Method. Under this method, projected benefits are determined for all members and the associated liabilities are spread in a manner that produces level annual cost as a percent of pay in each year from the age of hire (entry age) to the assumed retirement age. The cost allocated to the current fiscal year is called the normal cost. The actuarial accrued liability for active members is then calculated as the portion of the total cost of the plan allocated to prior years. The actuarial accrued liability for members currently receiving benefits, for active members beyond the assumed retirement age, and for members entitled to deferred benefits, is equal to the present value of the benefits expected to be paid. No normal costs are applicable for these participants. The excess of the total actuarial accrued liability over the actuarial value of plan assets is called the unfunded actuarial accrued liability. Funding requirements are determined by adding the normal cost and an amortization of the unfunded liability as a level percentage of assumed future payrolls. All changes in liability due to plan amendments, changes in actuarial assumptions, or changes in actuarial methodology are amortized separately over a 20-year period. All gains or losses are tracked and amortized over a rolling 30-year period with the exception of gains and losses in fiscal years 2008-2009, 2009-2010 and 2010-2011 in which each year’s gains or losses will be isolated and amortized over fixed and declining 30 year periods (as opposed to the current rolling 30-year amortization). If a pool’s accrued liability exceeds the actuarial value of assets, the annual contribution with respect to the total unfunded liability may not be less than the amount produced by a 30-year amortization of the unfunded liability. Additional contributions will be required for any plan or pool if their cash flows hamper adequate funding progress by preventing the expected funded status on a market value of assets basis of the plan to either:  Increase by at least 15% by June 30, 2043; or  Reach a level of 75% funded by June 30, 2043 The necessary additional contribution will be obtained by changing the amortization period of the gains and losses prior to 2009 to a period which will result in the satisfaction of the above criteria. CalPERS actuaries will reassess the criteria above when performing each future valuation to determine whether or not additional contributions are necessary. An exception to the funding rules above is used whenever the application of such rules results in inconsistencies. In these cases a “fresh start” approach is used. This simply means that the current unfunded actuarial liability is projected and amortized over a set number of years. For instance, if the annual contribution on the total unfunded liability was less than the amount produced by a 30-year amortization of the unfunded liability, the plan actuary would implement a 30-year fresh start. In addition, a fresh start is needed in the following situations: 1) when a positive payment would be required on a negative unfunded actuarial liability (or conversely a negative payment on a positive unfunded actuarial liability); or 6-54 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-2 2) when there are excess assets, rather than an unfunded liability. In this situation a 30-year fresh start is used, unless a larger fresh start is needed to avoid a negative total rate. It should be noted that the actuary may choose to use a fresh start under other circumstances. In all cases, the period of the fresh start is chosen by the actuary according to his or her best judgment, and will not be less than five years nor greater than 30 years. Asset Valuation Method In order to dampen the effect of short term market value fluctuations on employer contribution rates, the following asset smoothing technique is used. First an Expected Value of Assets is computed by bringing forward the prior year’s Actuarial Value of Assets and the contributions received and benefits paid during the year at the assu med actuarial rate of return. The Actuarial Value of Assets is then computed as the Expected Value of Assets plus one- fifteenth of the difference between the actual Market Value of Assets and the Expected Value of Assets as of the valuation date. However in no case will the Actuarial Value of Assets be less than 80% nor greater than 120% of the actual Market Value of Assets. In June 2009, the CalPERS Board adopted changes to the asset smoothing method in order to phase in over a three year period the impact of the -24% investment loss experienced by CalPERS in fiscal year 2008-2009. The following changes were adopted:  Increase the corridor limits for the actuarial value of assets from 80%-120% of market value to 60%-140% of market value on June 30, 2009  Reduce the corridor limits for the actuarial value of assets to 70%-130% of market value on June 30, 2010  Return to the 80%-120% of market value corridor limits for the actuarial value of assets on June 30, 2011 and thereafter Miscellaneous Superfunded Status If a rate plan is superfunded (actuarial value of assets exceeds the present value of benefits), as of the most recently completed annual valuation, the employer may cover their employees’ member contributions (both taxed and tax-deferred) using their employer assets during the fiscal year for which this valuation applies. This would entail transferring assets within the Public Employees’ Retirement Fund (PERF) from the employer account to the member accumulated contribution accounts. This change was implemented effective January 1, 1999 pursuant to Chapter 231 (Assembly Bill 2099) which added Government Code Section 20816. Superfunded status applies only to individual plans, not risk pools. For rate plans within a risk pool, actuarial value of assets is the sum of the rate plan’s side fund plus the rate plan’s pro -rata share of non-side fund assets. Superfunded status is determined only on annual valuation dates. Internal Revenue Code Section 415 The limitations on benefits imposed by Internal Revenue Code Section 415 were not taken into account in this valuation. The effect of these limitations has been deemed immaterial on the overall results of this valuation. Internal Revenue Code Section 401(a)(17) The limitations on compensation imposed by Internal Revenue Code Section 401(a)(17) were taken into account in this valuation. It was determined that this change generally had minimal impact on the employer rates and no special amortization base has been created. 6-55 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-3 ACTUARIAL ASSUMPTIONS Economic Assumptions Investment Return 7.75% compounded annually (net of expenses). This assumption is used for all plans. Salary Growth Annual increases vary by category, entry age, and duration of service. Sample assumed increases are shown below. Public Agency Miscellaneous Duration of Service Entry Age 20 Entry Age 30 Entry Age 40 0 0.1445 0.1265 0.1005 1 0.1215 0.1075 0.0875 2 0.1035 0.0935 0.0775 3 0.0905 0.0825 0.0695 4 0.0805 0.0735 0.0635 5 0.0725 0.0675 0.0585 10 0.0505 0.0485 0.0435 15 0.0455 0.0435 0.0385 20 0.0415 0.0395 0.0355 25 0.0385 0.0385 0.0355 30 0.0385 0.0385 0.0355 Public Agency Fire Duration of Service Entry Age 20 Entry Age 30 Entry Age 40 0 0.1075 0.1075 0.1045 1 0.0975 0.0965 0.0875 2 0.0895 0.0855 0.0725 3 0.0825 0.0775 0.0625 4 0.0765 0.0705 0.0535 5 0.0715 0.0645 0.0475 10 0.0535 0.0485 0.0375 15 0.0435 0.0415 0.0365 20 0.0395 0.0385 0.0355 25 0.0375 0.0375 0.0355 30 0.0375 0.0375 0.0355 Public Agency Police Duration of Service Entry Age 20 Entry Age 30 Entry Age 40 0 0.1115 0.1115 0.1115 1 0.0955 0.0955 0.0955 2 0.0835 0.0835 0.0805 3 0.0745 0.0725 0.0665 4 0.0675 0.0635 0.0575 5 0.0615 0.0575 0.0505 10 0.0475 0.0445 0.0365 15 0.0435 0.0415 0.0355 20 0.0395 0.0385 0.0355 25 0.0375 0.0365 0.0355 30 0.0375 0.0365 0.0355 6-56 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-4 Public Agency County Peace Officers Duration of Service Entry Age 20 Entry Age 30 Entry Age 40 0 0.1315 0.1315 0.1315 1 0.1115 0.1085 0.1055 2 0.0965 0.0915 0.0865 3 0.0845 0.0795 0.0735 4 0.0755 0.0695 0.0635 5 0.0685 0.0625 0.0555 10 0.0485 0.0445 0.0405 15 0.0435 0.0405 0.0385 20 0.0395 0.0385 0.0365 25 0.0375 0.0365 0.0355 30 0.0375 0.0365 0.0355 Schools Duration of Service Entry Age 20 Entry Age 30 Entry Age 40 0 0.1105 0.0985 0.0845 1 0.0965 0.0875 0.0765 2 0.0865 0.0795 0.0695 3 0.0775 0.0725 0.0645 4 0.0715 0.0665 0.0595 5 0.0655 0.0625 0.0555 10 0.0475 0.0465 0.0435 15 0.0415 0.0405 0.0375 20 0.0385 0.0375 0.0345 25 0.0365 0.0365 0.0345 30 0.0365 0.0365 0.0345  The Miscellaneous salary scale is used for Local Prosecutors.  The Police salary scale is used for Other Safety, Local Sheriff, and School Police. Overall Payroll Growth 3.25% compounded annually (used in projecting the payroll over which the unfunded liability is amortized). This assumption is used for all plans. Inflation 3.00% compounded annually. This assumption is used for all plans. Non-valued Potential Additional Liabilities The potential liability loss for a cost-of-living increase exceeding the 3% inflation assumption, and any potential liability loss from future member service purchases are not reflected in the valuation. 6-57 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-5 Miscellaneous Loading Factors Credit for Unused Sick Leave Final Average Salary is increased by 1% for those agencies that have accepted the provision providing Credit for Unused Sick Leave. Conversion of Employer Paid Member Contributions (EPMC) Final Average Salary is increased by the Employee Contribution Rate for those agencies that have contracted for the provision providing for the Conversion of Employer Paid Member Contributions (EPMC) during the final compensation period. Norris Decision (Best Factors) Employees hired prior to July 1, 1982 have projected benefit amounts increased in order to reflect the use of “Best Factors” for these employees in the calculation of optional benefit forms. This is due to a 1983 Supreme Court decision, known as the Norris decision, which required males and females to be treated equally in the determination of benefit amounts. Consequently, anyone already employed at that time is given the best possible conversion factor when optional benefits are determined. No loading is necessary for employees hired after July 1, 1982. 6-58 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-6 Demographic Assumptions Pre-Retirement Mortality Non-Industrial Death Rates vary by age and gender. Industrial Death rates vary by age. See sample rates in table below. The non-industrial death rates are used for all plans. The industrial death rates are used for Safety Plans (except for Local Prosecutor safety members where the corresponding Miscellaneous Plan does not have the Industrial Death Benefit). Non-Industrial Death Industrial Death (Not Job-Related) (Job-Related) Age Male Female Male and Female 20 0.00047 0.00016 0.00003 25 0.00050 0.00026 0.00007 30 0.00053 0.00036 0.00010 35 0.00067 0.00046 0.00012 40 0.00087 0.00065 0.00013 45 0.00120 0.00093 0.00014 50 0.00176 0.00126 0.00015 55 0.00260 0.00176 0.00016 60 0.00395 0.00266 0.00017 65 0.00608 0.00419 0.00018 70 0.00914 0.00649 0.00019 75 0.01220 0.00878 0.00020 80 0.01527 0.01108 0.00021 Miscellaneous Plans usually have Industrial Death rates set to zero unless the agency has specifically contracted for Industrial Death benefits. If so, each Non-Industrial Death rate shown above will be split into two components: 99% will become the Non-Industrial Death rate and 1% will become the Industrial Death rate. Post-Retirement Mortality Rates vary by age, type of retirement and gender. See sample rates in table below. These rates are used for all plans. Healthy Recipients Non-Industrially Disabled Industrially Disabled (Not Job-Related) (Job-Related) Age Male Female Male Female Male Female 50 0.00239 0.00125 0.01632 0.01245 0.00443 0.00356 55 0.00474 0.00243 0.01936 0.01580 0.00563 0.00546 60 0.00720 0.00431 0.02293 0.01628 0.00777 0.00798 65 0.01069 0.00775 0.03174 0.01969 0.01388 0.01184 70 0.01675 0.01244 0.03870 0.03019 0.02236 0.01716 75 0.03080 0.02071 0.06001 0.03915 0.03585 0.02665 80 0.05270 0.03749 0.08388 0.05555 0.06926 0.04528 85 0.09775 0.07005 0.14035 0.09577 0.11799 0.08017 90 0.16747 0.12404 0.21554 0.14949 0.16575 0.13775 95 0.25659 0.21556 0.31025 0.23055 0.26108 0.23331 100 0.34551 0.31876 0.45905 0.37662 0.40918 0.35165 105 0.58527 0.56093 0.67923 0.61523 0.64127 0.60135 110 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 6-59 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-7 Marital Status For active members, a percentage married upon retirement is assumed according to the following table. Member Category Percent Married Miscellaneous Member 85% Local Police 90% Local Fire 90% Other Local Safety 90% School Police 90% Age of Spouse It is assumed that female spouses are 3 years younger than male spouses. This assumption is used for all plans. Terminated Members It is assumed that terminated members refund immediately if non-vested. Terminated members who are vested are assumed to follow the same service retirement pattern as active members but with a load to reflect the expected higher rates of retirement, especially at lower ages. The following table shows the load factors that are applied to the service retirement assumption for active members to obtain the service retirement pattern for separated vested members: Age Load Factor 50 450% 51 250% 52 through 56 200% 57 through 60 150% 61 through 64 125% 65 and above 100% (no change) Termination with Refund Rates vary by entry age and service for Miscellaneous Plans. Rates vary by service for Safety Plans. See sample rates in tables below. Public Agency Miscellaneous Duration of Service Entry Age 20 Entry Age 25 Entry Age 30 Entry Age 35 Entry Age 40 Entry Age 45 0 0.1742 0.1674 0.1606 0.1537 0.1468 0.1400 1 0.1545 0.1477 0.1409 0.1339 0.1271 0.1203 2 0.1348 0.1280 0.1212 0.1142 0.1074 0.1006 3 0.1151 0.1083 0.1015 0.0945 0.0877 0.0809 4 0.0954 0.0886 0.0818 0.0748 0.0680 0.0612 5 0.0212 0.0193 0.0174 0.0155 0.0136 0.0116 10 0.0138 0.0121 0.0104 0.0088 0.0071 0.0055 15 0.0060 0.0051 0.0042 0.0032 0.0023 0.0014 20 0.0037 0.0029 0.0021 0.0013 0.0005 0.0001 25 0.0017 0.0011 0.0005 0.0001 0.0001 0.0001 30 0.0005 0.0001 0.0001 0.0001 0.0001 0.0001 35 0.0001 0.0001 0.0001 0.0001 0.0001 0.0001 6-60 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-8 Public Agency Safety Duration of Service Fire Police County Peace Officer 0 0.0710 0.1013 0.0997 1 0.0554 0.0636 0.0782 2 0.0398 0.0271 0.0566 3 0.0242 0.0258 0.0437 4 0.0218 0.0245 0.0414 5 0.0029 0.0086 0.0145 10 0.0009 0.0053 0.0089 15 0.0006 0.0027 0.0045 20 0.0005 0.0017 0.0020 25 0.0003 0.0012 0.0009 30 0.0003 0.0009 0.0006 35 0.0003 0.0009 0.0006 The Police Termination and Refund rates are used for Public Agency Local Prosecutors, Other Safety, Local Sheriff, and School Police. Schools Duration of Service Entry Age 20 Entry Age 25 Entry Age 30 Entry Age 35 Entry Age 40 Entry Age 45 0 0.1730 0.1627 0.1525 0.1422 0.1319 0.1217 1 0.1585 0.1482 0.1379 0.1277 0.1174 0.1071 2 0.1440 0.1336 0.1234 0.1131 0.1028 0.0926 3 0.1295 0.1192 0.1089 0.0987 0.0884 0.0781 4 0.1149 0.1046 0.0944 0.0841 0.0738 0.0636 5 0.0278 0.0249 0.0221 0.0192 0.0164 0.0135 10 0.0172 0.0147 0.0122 0.0098 0.0074 0.0049 15 0.0115 0.0094 0.0074 0.0053 0.0032 0.0011 20 0.0073 0.0055 0.0038 0.0020 0.0002 0.0002 25 0.0037 0.0023 0.0010 0.0002 0.0002 0.0002 30 0.0015 0.0003 0.0002 0.0002 0.0002 0.0002 35 0.0002 0.0002 0.0002 0.0002 0.0002 0.0002 Termination with Vested Benefits Rate vary by entry age and service for Miscellaneous Plans. Rates vary by service for Safety Plans. See sample rates in tables below. Public Agency Miscellaneous Duration of Service Entry Age 20 Entry Age 25 Entry Age 30 Entry Age 35 Entry Age 40 5 0.0656 0.0597 0.0537 0.0477 0.0418 10 0.0530 0.0466 0.0403 0.0339 0.0000 15 0.0443 0.0373 0.0305 0.0000 0.0000 20 0.0333 0.0261 0.0000 0.0000 0.0000 25 0.0212 0.0000 0.0000 0.0000 0.0000 30 0.0000 0.0000 0.0000 0.0000 0.0000 35 0.0000 0.0000 0.0000 0.0000 0.0000 6-61 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-9 Public Agency Safety Duration of Service Fire Police County Peace Officer 5 0.0162 0.0163 0.0265 10 0.0061 0.0126 0.0204 15 0.0058 0.0082 0.0130 20 0.0053 0.0065 0.0074 25 0.0047 0.0058 0.0043 30 0.0045 0.0056 0.0030 35 0.0000 0.0000 0.0000  When a member is eligible to retire, the termination with vested benefits probability is set to zero.  After termination with vested benefits, a miscellaneous member is assumed to retire at age 59 and a safety member at age 54.  The Police Termination with vested benefits rates are used for Public Agency Local Prosecutors, Other Safety, Local Sheriff, and School Police. Schools Duration of Service Entry Age 20 Entry Age 25 Entry Age 30 Entry Age 35 Entry Age 40 5 0.0816 0.0733 0.0649 0.0566 0.0482 10 0.0629 0.0540 0.0450 0.0359 0.0000 15 0.0537 0.0440 0.0344 0.0000 0.0000 20 0.0420 0.0317 0.0000 0.0000 0.0000 25 0.0291 0.0000 0.0000 0.0000 0.0000 30 0.0000 0.0000 0.0000 0.0000 0.0000 35 0.0000 0.0000 0.0000 0.0000 0.0000 6-62 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-10 Non-Industrial (Not Job-Related) Disability Rates vary by age and gender for Miscellaneous Plans. Rates vary by age for Safety Plans Miscellaneous Fire Police County Peace Officer Schools Age Male Female Male and Female Male and Female Male and Female Male Female 20 0.0001 0.0001 0.0001 0.0001 0.0001 0.0001 0.0001 25 0.0001 0.0001 0.0001 0.0001 0.0001 0.0001 0.0001 30 0.0002 0.0002 0.0001 0.0002 0.0001 0.0002 0.0001 35 0.0006 0.0009 0.0001 0.0003 0.0004 0.0006 0.0004 40 0.0015 0.0016 0.0001 0.0004 0.0007 0.0014 0.0009 45 0.0025 0.0024 0.0002 0.0005 0.0013 0.0028 0.0017 50 0.0033 0.0031 0.0005 0.0008 0.0018 0.0044 0.0030 55 0.0037 0.0031 0.0010 0.0013 0.0010 0.0049 0.0034 60 0.0038 0.0025 0.0015 0.0020 0.0006 0.0043 0.0024  The Miscellaneous Non-Industrial Disability rates are used for Local Prosecutors.  The Police Non-Industrial Disability rates are used for Other Safety, Local Sheriff, and School Police. Industrial (Job-Related) Disability Rates vary by age and category. Age Fire Police County Peace Officer 20 0.0002 0.0007 0.0003 25 0.0012 0.0032 0.0015 30 0.0025 0.0064 0.0031 35 0.0037 0.0097 0.0046 40 0.0049 0.0129 0.0063 45 0.0061 0.0161 0.0078 50 0.0074 0.0192 0.0101 55 0.0721 0.0668 0.0173 60 0.0721 0.0668 0.0173  The Police Industrial Disability rates are used for Local Sheriff and Other Safety.  Fifty Percent of the Police Industrial Disability rates are used for School Police.  One Percent of the Police Industrial Disability rates are used for Local Prosecutors.  Normally, rates are zero for Miscellaneous Plans unless the agency has specifically contracted for Industrial Disability benefits. If so, each Miscellaneous Non-Industrial Disability rate will be split into two components: 50% will become the Non-Industrial Disability rate and 50% will become the Industrial Disability rate. Service Retirement Retirement rate vary by age, service, and formula, except for the safety ½ @ 55 and 2% @ 55 formulas, where retirement rates vary by age only. 6-63 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-11 Public Agency Miscellaneous 1.5% @ 65 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.008 0.011 0.013 0.015 0.017 0.019 51 0.007 0.010 0.012 0.013 0.015 0.017 52 0.010 0.014 0.017 0.019 0.021 0.024 53 0.008 0.012 0.015 0.017 0.019 0.022 54 0.012 0.016 0.019 0.022 0.025 0.028 55 0.018 0.025 0.031 0.035 0.038 0.043 56 0.015 0.021 0.025 0.029 0.032 0.036 57 0.020 0.028 0.033 0.038 0.043 0.048 58 0.024 0.033 0.040 0.046 0.052 0.058 59 0.028 0.039 0.048 0.054 0.060 0.067 60 0.049 0.069 0.083 0.094 0.105 0.118 61 0.062 0.087 0.106 0.120 0.133 0.150 62 0.104 0.146 0.177 0.200 0.223 0.251 63 0.099 0.139 0.169 0.191 0.213 0.239 64 0.097 0.136 0.165 0.186 0.209 0.233 65 0.140 0.197 0.240 0.271 0.302 0.339 66 0.092 0.130 0.157 0.177 0.198 0.222 67 0.129 0.181 0.220 0.249 0.277 0.311 68 0.092 0.129 0.156 0.177 0.197 0.221 69 0.092 0.130 0.158 0.178 0.199 0.224 70 0.103 0.144 0.175 0.198 0.221 0.248 Public Agency Miscellaneous 2% @ 60 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.011 0.015 0.018 0.021 0.023 0.026 51 0.009 0.013 0.016 0.018 0.020 0.023 52 0.013 0.018 0.022 0.025 0.028 0.031 53 0.011 0.016 0.019 0.022 0.025 0.028 54 0.015 0.021 0.025 0.028 0.032 0.036 55 0.023 0.032 0.039 0.044 0.049 0.055 56 0.019 0.027 0.032 0.037 0.041 0.046 57 0.025 0.035 0.042 0.048 0.054 0.060 58 0.030 0.042 0.051 0.058 0.065 0.073 59 0.035 0.049 0.060 0.068 0.076 0.085 60 0.062 0.087 0.105 0.119 0.133 0.149 61 0.079 0.110 0.134 0.152 0.169 0.190 62 0.132 0.186 0.225 0.255 0.284 0.319 63 0.126 0.178 0.216 0.244 0.272 0.305 64 0.122 0.171 0.207 0.234 0.262 0.293 65 0.173 0.243 0.296 0.334 0.373 0.418 66 0.114 0.160 0.194 0.219 0.245 0.274 67 0.159 0.223 0.271 0.307 0.342 0.384 68 0.113 0.159 0.193 0.218 0.243 0.273 69 0.114 0.161 0.195 0.220 0.246 0.276 70 0.127 0.178 0.216 0.244 0.273 0.306 6-64 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-12 Public Agency Miscellaneous 2% @ 55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.015 0.020 0.024 0.029 0.033 0.039 51 0.013 0.016 0.020 0.024 0.027 0.033 52 0.014 0.018 0.022 0.027 0.030 0.036 53 0.017 0.022 0.027 0.032 0.037 0.043 54 0.027 0.034 0.041 0.049 0.056 0.067 55 0.050 0.064 0.078 0.094 0.107 0.127 56 0.045 0.057 0.069 0.083 0.095 0.113 57 0.048 0.061 0.074 0.090 0.102 0.122 58 0.052 0.066 0.080 0.097 0.110 0.131 59 0.060 0.076 0.092 0.111 0.127 0.151 60 0.072 0.092 0.112 0.134 0.153 0.182 61 0.089 0.113 0.137 0.165 0.188 0.224 62 0.128 0.162 0.197 0.237 0.270 0.322 63 0.129 0.164 0.199 0.239 0.273 0.325 64 0.116 0.148 0.180 0.216 0.247 0.294 65 0.174 0.221 0.269 0.323 0.369 0.439 66 0.135 0.171 0.208 0.250 0.285 0.340 67 0.133 0.169 0.206 0.247 0.282 0.336 68 0.118 0.150 0.182 0.219 0.250 0.297 69 0.116 0.147 0.179 0.215 0.246 0.293 70 0.138 0.176 0.214 0.257 0.293 0.349 Public Agency Miscellaneous 2.5% @ 55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.026 0.033 0.040 0.048 0.055 0.062 51 0.021 0.026 0.032 0.038 0.043 0.049 52 0.021 0.026 0.032 0.038 0.043 0.049 53 0.026 0.033 0.040 0.048 0.055 0.062 54 0.043 0.054 0.066 0.078 0.089 0.101 55 0.088 0.112 0.136 0.160 0.184 0.208 56 0.055 0.070 0.085 0.100 0.115 0.130 57 0.061 0.077 0.094 0.110 0.127 0.143 58 0.072 0.091 0.111 0.130 0.150 0.169 59 0.083 0.105 0.128 0.150 0.173 0.195 60 0.088 0.112 0.136 0.160 0.184 0.208 61 0.083 0.105 0.128 0.150 0.173 0.195 62 0.121 0.154 0.187 0.220 0.253 0.286 63 0.105 0.133 0.162 0.190 0.219 0.247 64 0.105 0.133 0.162 0.190 0.219 0.247 65 0.143 0.182 0.221 0.260 0.299 0.338 66 0.105 0.133 0.162 0.190 0.219 0.247 67 0.105 0.133 0.162 0.190 0.219 0.247 68 0.105 0.133 0.162 0.190 0.219 0.247 69 0.105 0.133 0.162 0.190 0.219 0.247 70 0.125 0.160 0.194 0.228 0.262 0.296 6-65 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-13 Public Agency Miscellaneous 2.7% @ 55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.028 0.035 0.043 0.050 0.058 0.065 51 0.022 0.028 0.034 0.040 0.046 0.052 52 0.022 0.028 0.034 0.040 0.046 0.052 53 0.028 0.035 0.043 0.050 0.058 0.065 54 0.044 0.056 0.068 0.080 0.092 0.104 55 0.091 0.116 0.140 0.165 0.190 0.215 56 0.061 0.077 0.094 0.110 0.127 0.143 57 0.063 0.081 0.098 0.115 0.132 0.150 58 0.074 0.095 0.115 0.135 0.155 0.176 59 0.083 0.105 0.128 0.150 0.173 0.195 60 0.088 0.112 0.136 0.160 0.184 0.208 61 0.085 0.109 0.132 0.155 0.178 0.202 62 0.124 0.158 0.191 0.225 0.259 0.293 63 0.107 0.137 0.166 0.195 0.224 0.254 64 0.107 0.137 0.166 0.195 0.224 0.254 65 0.146 0.186 0.225 0.265 0.305 0.345 66 0.107 0.137 0.166 0.195 0.224 0.254 67 0.107 0.137 0.166 0.195 0.224 0.254 68 0.107 0.137 0.166 0.195 0.224 0.254 69 0.107 0.137 0.166 0.195 0.224 0.254 70 0.129 0.164 0.199 0.234 0.269 0.304 Public Agency Miscellaneous 3% @ 60 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.026 0.033 0.040 0.048 0.055 0.062 51 0.021 0.026 0.032 0.038 0.043 0.049 52 0.019 0.025 0.030 0.035 0.040 0.046 53 0.025 0.032 0.038 0.045 0.052 0.059 54 0.039 0.049 0.060 0.070 0.081 0.091 55 0.083 0.105 0.128 0.150 0.173 0.195 56 0.055 0.070 0.085 0.100 0.115 0.130 57 0.061 0.077 0.094 0.110 0.127 0.143 58 0.072 0.091 0.111 0.130 0.150 0.169 59 0.080 0.102 0.123 0.145 0.167 0.189 60 0.094 0.119 0.145 0.170 0.196 0.221 61 0.088 0.112 0.136 0.160 0.184 0.208 62 0.127 0.161 0.196 0.230 0.265 0.299 63 0.110 0.140 0.170 0.200 0.230 0.260 64 0.110 0.140 0.170 0.200 0.230 0.260 65 0.149 0.189 0.230 0.270 0.311 0.351 66 0.110 0.140 0.170 0.200 0.230 0.260 67 0.110 0.140 0.170 0.200 0.230 0.260 68 0.110 0.140 0.170 0.200 0.230 0.260 69 0.110 0.140 0.170 0.200 0.230 0.260 70 0.132 0.168 0.204 0.240 0.276 0.312 6-66 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-14 Public Agency Fire ½ @ 55 and 2% @ 55 Age 50 51 52 53 54 55 Rate 0.01588 0.00000 0.03442 0.01990 0.04132 0.07513 Age 56 57 58 59 60 Rate 0.11079 0.00000 0.09499 0.04409 1.00000 Public Agency Police ½ @ 55 and 2% @ 55 Age 50 51 52 53 54 55 Rate 0.02552 0.00000 0.01637 0.02717 0.00949 0.16674 Age 56 57 58 59 60 Rate 0.06921 0.05113 0.07241 0.07043 1.00000 Public Agency Police 2%@ 50 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.014 0.014 0.014 0.014 0.025 0.045 51 0.012 0.012 0.012 0.012 0.023 0.040 52 0.026 0.026 0.026 0.026 0.048 0.086 53 0.052 0.052 0.052 0.052 0.096 0.171 54 0.070 0.070 0.070 0.070 0.128 0.227 55 0.090 0.090 0.090 0.090 0.165 0.293 56 0.064 0.064 0.064 0.064 0.117 0.208 57 0.071 0.071 0.071 0.071 0.130 0.232 58 0.063 0.063 0.063 0.063 0.115 0.205 59 0.140 0.140 0.140 0.140 0.174 0.254 60 0.140 0.140 0.140 0.140 0.172 0.251 61 0.140 0.140 0.140 0.140 0.172 0.251 62 0.140 0.140 0.140 0.140 0.172 0.251 63 0.140 0.140 0.140 0.140 0.172 0.251 64 0.140 0.140 0.140 0.140 0.172 0.251 65 1.000 1.000 1.000 1.000 1.000 1.000  These rates also apply to Local Prosecutors, Local Sheriff, School Police, and Other Safety. 6-67 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-15 Public Agency Fire 2%@50 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.007 0.007 0.007 0.007 0.010 0.015 51 0.008 0.008 0.008 0.008 0.013 0.019 52 0.017 0.017 0.017 0.017 0.027 0.040 53 0.047 0.047 0.047 0.047 0.072 0.107 54 0.064 0.064 0.064 0.064 0.098 0.147 55 0.087 0.087 0.087 0.087 0.134 0.200 56 0.078 0.078 0.078 0.078 0.120 0.180 57 0.090 0.090 0.090 0.090 0.139 0.208 58 0.079 0.079 0.079 0.079 0.122 0.182 59 0.073 0.073 0.073 0.073 0.112 0.168 60 0.114 0.114 0.114 0.114 0.175 0.262 61 0.114 0.114 0.114 0.114 0.175 0.262 62 0.114 0.114 0.114 0.114 0.175 0.262 63 0.114 0.114 0.114 0.114 0.175 0.262 64 0.114 0.114 0.114 0.114 0.175 0.262 65 1.000 1.000 1.000 1.000 1.000 1.000 Public Agency Police 3%@ 55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.019 0.019 0.019 0.019 0.040 0.060 51 0.024 0.024 0.024 0.024 0.049 0.074 52 0.024 0.024 0.024 0.024 0.051 0.077 53 0.059 0.059 0.059 0.059 0.121 0.183 54 0.069 0.069 0.069 0.069 0.142 0.215 55 0.116 0.116 0.116 0.116 0.240 0.363 56 0.076 0.076 0.076 0.076 0.156 0.236 57 0.058 0.058 0.058 0.058 0.120 0.181 58 0.076 0.076 0.076 0.076 0.157 0.237 59 0.094 0.094 0.094 0.094 0.193 0.292 60 0.141 0.141 0.141 0.141 0.290 0.438 61 0.094 0.094 0.094 0.094 0.193 0.292 62 0.118 0.118 0.118 0.118 0.241 0.365 63 0.094 0.094 0.094 0.094 0.193 0.292 64 0.094 0.094 0.094 0.094 0.193 0.292 65 1.000 1.000 1.000 1.000 1.000 1.000  These rates also apply to Local Prosecutors, Local Sheriff, School Police, and Other Safety. 6-68 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-16 Public Agency Fire 3%@55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.012 0.012 0.012 0.018 0.028 0.033 51 0.008 0.008 0.008 0.012 0.019 0.022 52 0.018 0.018 0.018 0.027 0.042 0.050 53 0.043 0.043 0.043 0.062 0.098 0.114 54 0.057 0.057 0.057 0.083 0.131 0.152 55 0.092 0.092 0.092 0.134 0.211 0.246 56 0.081 0.081 0.081 0.118 0.187 0.218 57 0.100 0.100 0.100 0.146 0.230 0.268 58 0.081 0.081 0.081 0.119 0.187 0.219 59 0.078 0.078 0.078 0.113 0.178 0.208 60 0.117 0.117 0.117 0.170 0.267 0.312 61 0.078 0.078 0.078 0.113 0.178 0.208 62 0.098 0.098 0.098 0.141 0.223 0.260 63 0.078 0.078 0.078 0.113 0.178 0.208 64 0.078 0.078 0.078 0.113 0.178 0.208 65 1.000 1.000 1.000 1.000 1.000 1.000 Public Agency Police 3%@ 50 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.070 0.070 0.070 0.131 0.193 0.249 51 0.050 0.050 0.050 0.095 0.139 0.180 52 0.061 0.061 0.061 0.116 0.171 0.220 53 0.069 0.069 0.069 0.130 0.192 0.247 54 0.071 0.071 0.071 0.134 0.197 0.255 55 0.090 0.090 0.090 0.170 0.250 0.322 56 0.069 0.069 0.069 0.130 0.191 0.247 57 0.080 0.080 0.080 0.152 0.223 0.288 58 0.087 0.087 0.087 0.164 0.242 0.312 59 0.090 0.090 0.090 0.170 0.251 0.323 60 0.135 0.135 0.135 0.255 0.377 0.485 61 0.090 0.090 0.090 0.170 0.251 0.323 62 0.113 0.113 0.113 0.213 0.314 0.404 63 0.090 0.090 0.090 0.170 0.251 0.323 64 0.090 0.090 0.090 0.170 0.251 0.323 65 1.000 1.000 1.000 1.000 1.000 1.000  These rates also apply to Local Prosecutors, Local Sheriff, School Police, and Other Safety. 6-69 APPENDIX A CalPERS Actuarial Valuation – June 30, 2010 Miscellaneous 2.5% at 55 Risk Pool A-17 Public Agency Fire 3%@50 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.034 0.034 0.034 0.048 0.068 0.080 51 0.046 0.046 0.046 0.065 0.092 0.109 52 0.069 0.069 0.069 0.097 0.138 0.163 53 0.084 0.084 0.084 0.117 0.166 0.197 54 0.103 0.103 0.103 0.143 0.204 0.241 55 0.127 0.127 0.127 0.177 0.252 0.298 56 0.121 0.121 0.121 0.169 0.241 0.285 57 0.101 0.101 0.101 0.141 0.201 0.238 58 0.118 0.118 0.118 0.165 0.235 0.279 59 0.100 0.100 0.100 0.140 0.199 0.236 60 0.150 0.150 0.150 0.210 0.299 0.354 61 0.100 0.100 0.100 0.140 0.199 0.236 62 0.125 0.125 0.125 0.175 0.249 0.295 63 0.100 0.100 0.100 0.140 0.199 0.236 64 0.100 0.100 0.100 0.140 0.199 0.236 65 1.000 1.000 1.000 1.000 1.000 1.000 Schools 2%@ 55 Duration of Service Age 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 50 0.005 0.009 0.013 0.015 0.016 0.018 51 0.005 0.010 0.014 0.017 0.019 0.021 52 0.006 0.012 0.017 0.020 0.022 0.025 53 0.007 0.014 0.019 0.023 0.026 0.029 54 0.012 0.024 0.033 0.039 0.044 0.049 55 0.024 0.048 0.067 0.079 0.088 0.099 56 0.020 0.039 0.055 0.065 0.072 0.081 57 0.021 0.042 0.059 0.070 0.078 0.087 58 0.025 0.050 0.070 0.083 0.092 0.103 59 0.029 0.057 0.080 0.095 0.105 0.118 60 0.037 0.073 0.102 0.121 0.134 0.150 61 0.046 0.090 0.126 0.149 0.166 0.186 62 0.076 0.151 0.212 0.250 0.278 0.311 63 0.069 0.136 0.191 0.225 0.251 0.281 64 0.067 0.133 0.185 0.219 0.244 0.273 65 0.091 0.180 0.251 0.297 0.331 0.370 66 0.072 0.143 0.200 0.237 0.264 0.295 67 0.067 0.132 0.185 0.218 0.243 0.272 68 0.060 0.118 0.165 0.195 0.217 0.243 69 0.067 0.133 0.187 0.220 0.246 0.275 70 0.066 0.131 0.183 0.216 0.241 0.270 6-70 APPENDIX B  SUMMARY OF PRINCIPAL PLAN PROVISIONS 6-71 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-1 Miscellaneous 2.5% at 55 Risk Pool The following is a description of the principal plan provisions used in calculating the liabilities of the Miscellaneous 2.5% at 55 Risk Pool. Plan provisions are divided based on whether they are standard, Class 1, Class 2 or Class 3 benefits. Standard benefits are applicable to all members of the risk pool while Class 1, 2 or 3 benefits vary among employers. Provided at the end of the listing is a table providing the percentage of members participating in the pool that are subject to each benefit. Many of the statements in this summary are general in nature, and are intended to provide an easily understood summary of the complex Public Employees’ Retirement Law. The law itself governs in all situations. Service Retirement Eligibility A CalPERS member becomes eligible for Service Retirement upon attainment of age 50 with at least 5 years of credited service (total service across all CalPERS employers, and with certain other Retirement Systems with which CalPERS has reciprocity agreements). For employees hired into a plan with the 1.5% at 65 formula, eligibility for service retirement is age 55 with at least 5 years of service. Benefit The Service Retirement benefit calculated for service earned by this group of employees is a monthly allowance equal to the product of the benefit factor, years of service, and final compensation, where  The benefit factor for this group of employees comes from the 2.5% at 55 Miscellaneous benefit formula factor table. The factor depends on the member’s age at retirement. Listed below are the factors for retirement at whole year ages: Retirement Age 2.5% at 55 Miscellaneous Factor 50 2.0% 51 2.1% 52 2.2% 53 2.3% 54 2.4% 55 & Up 2.5%  The years of service is the amount credited by CalPERS to a member while he or she is employed in this group (or for other periods that are recognized under the employer’s contract with CalPERS). For a member who has earned service with multiple CalPERS employers, the benefit from each employer is calculated separately according to each employer’s contract, and then added together for the total allowance. Any unused sick leave accumulated at the time of retirement will be converted to credited service at a rate of 0.004 years of service for each day of sick leave.  The final compensation is the monthly average of the member’s highest 36 or 12 consecutive months’ full- time equivalent monthly pay (no matter which CalPERS employer paid this compensation). The standard benefit available to all members is 36 months. Employers have the option of providing a final compensation equal to the highest 12 consecutive months by contracting for this class 1 optional benefit.  For employees covered by the modified formula, the final compensation is offset by $133.33 (or by one third if the final compensation is less than $400). Employers have the option to contract for the class 3 benefit that will eliminate the offset applicable to the final compensation of employees covered by a modified formula. 6-72 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-2 Miscellaneous 2.5% at 55 Risk Pool  The Miscellaneous Service Retirement benefit is not capped. The Safety Service Retirement benefit is capped at 90% of final compensation. Vested Deferred Retirement Eligibility for Deferred Status A CalPERS member becomes eligible for a deferred vested retirement benefit when he or she leaves employment, keeps his or her contribution account balance on deposit with CalPERS, and has earned at least 5 years of credited service (total service across all CalPERS employers, and with certain other Retirement Systems with which CalPERS has reciprocity agreements). Eligibility to Start Receiving Benefits The CalPERS member becomes eligible to receive the deferred retirement benefit upon satisfying the eligibility requirements for Deferred Status and upon attainment of age 50. Benefit The vested deferred retirement benefit is the same as the Service Retirement benefit, where the benefit factor is based on the member’s age at allowance commencement. For members who have earned service with multiple CalPERS employers, the benefit from each employer is calculated separately according to each employer’s contract, and then added together for the total allowance. Non-Industrial (Non-Job Related) Disability Retirement Eligibility A CalPERS member is eligible for Non-Industrial Disability Retirement if he or she becomes disabled and has at least 5 years of credited service (total service across all CalPERS employers, and with certain other Retirement Systems with which CalPERS has reciprocity agreements). There is no special age requirement. Disabled means the member is unable to perform his or her job because of an illness or injury which is expected to be permanent or to last indefinitely. The illness or injury does not have to be job related. A CalPERS member must be actively working with any CalPERS employer at the time of disability in order to be eligible for this benefit. Standard Benefit The standard Non-Industrial Disability Retirement benefit is a monthly allowance equal to 1.8% of final compensation, multiplied by service, which is determined as follows:  service is CalPERS credited service, for members with less than 10 years of service or greater than 18.518 years of service; or  service is CalPERS credited service plus the additional number of years that the member would have worked until age 60, for members with at least 10 years but not more than 18.518 years of service. The maximum benefit in this case is 33 1/3% of Final Compensation. Members who are eligible for a larger service retirement benefit may choose to receive that benefit in lieu of a disability benefit. Members eligible to retire, and who have attained the normal retirement age determined by their service retirement benefit formula, will receive the same dollar amount for disability retirement as that payable for service retirement. For members who have earned service with multiple CalPERS employers, the benefit attributed to each employer is the total disability allowance multiplied by the ratio of service with a particular employer to the total CalPERS service. Improved Benefit Employers have the option of providing this improved benefit by contracting for this class 3 optional benefit. The improved Non-Industrial Disability Retirement benefit is a monthly allowance equal to 30% of final compensation for the first 5 years of service, plus 1% for each additional year of service to a maximum of 50% of final compensation. 6-73 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-3 Miscellaneous 2.5% at 55 Risk Pool Members who are eligible for a larger service retirement benefit may choose to receive that benefit in lieu of a disability benefit. Members eligible to retire, and who have attained the normal retirement age determined by their service retirement benefit formula, will receive the same dollar amount for disability retirement as that payable for service retirement. For members who have earned service with multiple CalPERS employers, the benefit attributed to each employer is the total disability allowance multiplied by the ratio of service with a particular employer to the total CalPERS service. Industrial (Job Related) Disability Retirement Employers have the option of providing this improved benefit by contracting for this class 1 optional benefit. Eligibility An employee is eligible for Industrial Disability Retirement if he or she becomes disabled while working, where disabled means the member is unable to perform the duties of the job because of a work-related illness or injury which is expected to be permanent or to last indefinitely. A CalPERS member who has left active employment within this group is not eligible for this benefit, except to the extent described in the next paragraph. Standard Benefit The standard Industrial Disability Retirement benefit is a monthly allowance equal to 50% of final compensation. For a CalPERS member not actively employed in this group who became disabled while employed by some other CalPERS employer, the benefit is a return of or annuitization of the accumulated member contributions with respect to employment in this group. However, if a member is eligible for Service Retirement and if the Service Retirement benefit is more than the Industrial Disability Retirement benefit, the member may choose to receive the larger benefit. Increased Benefit (75% of Final Compensation) The increased Industrial Disability Retirement benefit is a monthly allowance equal to 75% of final compensation for total disability. For a CalPERS member not actively employed in this group who became disabled while employed by some other CalPERS employer, the benefit is a return of or annuitization of the accumulated member contributions with respect to employment in this group. However, if a member is eligible for Service Retirement and if the Service Retirement benefit is more than the Industrial Disability Retirement benefit, the member may choose to receive the larger benefit. Post-Retirement Death Benefit Standard Lump Sum Payment Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s designated survivor(s), or to the retiree’s estate. Improved Lump Sum Payment Employers have the option of providing any of these improved lump sum death benefit by contracting for any of these class 3 optional benefits. Upon the death of a retiree, a one-time lump sum payment of $600, $2,000, $3,000, $4,000 or $5,000 will be made to the retiree’s designated survivor(s), or to the retiree’s estate. Form of Payment for Retirement Allowance Standard Form of Payment 6-74 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-4 Miscellaneous 2.5% at 55 Risk Pool Generally, the retirement allowance is paid to the retiree in the form of an annuity for as long as he or she is alive. The retiree may choose to provide for a portion of his or her allowance to be paid to any designated beneficiary after the retiree’s death. CalPERS provides for a variety of such benefit options, which the retiree pays for by taking a reduction in his or her retirement allowance. The larger the amount to be provided to the beneficiary is, and the younger the beneficiary is, the greater the reduction to the r etiree’s allowance. Improved Form of Payment (Post Retirement Survivor Allowance) Employers have the option to contract for this class 1 benefit providing an improved post retirement survivor allowance. For retirement allowances with respect to service subject to the modified formula, 25% of the retirement allowance will automatically be continued to certain statutory beneficiaries upon the death of the retiree, without a reduction in the retiree’s allowance. For retirement allowances with respect to service subject to the full formula, 50% of the retirement allowance will automatically be continued to certain statutory beneficiaries upon the death of the retiree, without a reduction in the retiree’s allowance. This additional benefit is often referred to as post retirement survivor allowance (PRSA) or simply as survivor continuance. In other words, 25% or 50% of the allowance, the continuance portion, is paid to the retiree for as long as he or she is alive, and that same amount is continued to the ret iree’s spouse (or if no eligible spouse, to unmarried children until they attain age 18; or, if no eligible children, to a qualifying dependent parent) for the rest of his or her lifetime. This benefit will not be discontinued in the event the spouse remarries. The remaining 75% or 50% of the retirement allowance, which may be referred to as the option portion of the benefit, is paid to the retiree as an annuity for as long as he or she is alive. Or, the retiree may choose to provide for some of this option portion to be paid to any designated beneficiary after the retiree’s death. CalPERS offers a variety of such benefit options, which the retiree pays for by taking a reduction to the option portion of his or her retirement allowance. Pre-Retirement Death Benefits Basic Death Benefit Eligibility An employee’s beneficiary (or estate) may receive the Basic Death benefit if the member dies while actively employed. A CalPERS member must be actively employed with the CalPERS employer providing this benefit to be eligible for this benefit. A member’s survivor who is eligible for any other pre-retirement death benefit described below may choose to receive that death benefit instead of this Basic Death benefit. Standard Benefit The Basic Death Benefit is a lump sum in the amount of the member’s accumulated contributions, where interest is currently credited at 7.75% per year, plus a lump sum in the amount of one month's salary for each completed year of current service, up to a maximum of six months' salary. For purposes of this benefit, one month's salary is defined as the member's average monthly full-time rate of compensation during the 12 months preceding death. 1957 Survivor Benefit Eligibility An employee’s eligible survivor(s) may receive the 1957 Survivor benefit if the member dies while actively employed, has attained at least age 50, and has at least 5 years of credited service (total service across all CalPERS employers and with certain other Retirement Systems with which CalPERS has reciprocity agreements). 6-75 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-5 Miscellaneous 2.5% at 55 Risk Pool A CalPERS member must be actively employed with the CalPERS employer providing this benefit to be eligible for this benefit. An eligible survivor means the surviving spouse to whom the member was married at least one year before death or, if there is no eligible spouse, to the member's unmarried children under age 18. A member’s survivor may choose this benefit in lieu of the Basic Death benefit or the Special Death benefit. Standard Benefit The 1957 Survivor benefit is a monthly allowance equal to one-half of the unmodified Service Retirement benefit that the member would have been entitled to receive if the member had retired on the date of his or her death. If the benefit is payable to the spouse, the benefit is discontinued upon the death of the spouse. If the benefit is payable to a dependent child, the benefit will be discontinued upon death or attainment of age 18, unless the child is disabled. There is a guarantee that the total amount paid will at least equal the Basic Death benefit. Optional Settlement 2W Death Benefit Eligibility An employee’s eligible survivor may receive the Optional Settlement 2W Death benefit if the member dies while actively employed, has attained at least age 50, and has at least 5 years of credited service (total service across all CalPERS employers and with certain other Retirement Systems with which CalPERS has reciprocity agreements). A CalPERS member who is no longer actively employed with any CalPERS employer is not eligible for this benefit. An eligible survivor means the surviving spouse to whom the member was married at least one year before death. A member’s survivor may choose this benefit in lieu of the Basic Death benefit or the 1957 Survivor benefit. Standard Benefit The Optional Settlement 2W Death benefit is a monthly allowance equal to the Service Retirement benefit that the member would have received had the member retired on the date of his or her death and elected Optional Settlement 2W. (A retiree who elects Optional Settlement 2W receives an allowance that has been reduced so that it will continue to be paid after his or her death to a surviving beneficiary.) The allowance is payable as long as the surviving spouse lives, at which time it is continued to any unmarried children under age 18, if applicable. There is a guarantee that the total amount paid will at least equal the Basic Death Benefit. Special Death Benefit Eligibility An employee’s eligible survivor(s) may receive the Special Death benefit if the member dies while actively employed and the death is job-related. A CalPERS member who is no longer actively employed with any CalPERS employer is not eligible for this benefit. An eligible survivor means the surviving spouse to whom the member was married prior to the onset of the injury or illness that resulted in death. If there is no eligible spouse, an eligible survivor means the member's unmarried children under age 22. An eligible survivor who chooses to receive this benefit will not receive any other death benefit. Improved Benefit The Special Death benefit is a monthly allowance equal to 50% of final compensation, and will be increased whenever the compensation paid to active employees is increased but ceasing to increase when the member would have attained age 50. The allowance is payable to the surviving spouse until death at which time the allowance is continued to any unmarried children under age 22. There is a guarantee that the total amount paid will at least equal the Basic Death Benefit. If the member’s death is the result of an accident or injury caused by external violence or physical force incurred in the performance of the member’s duty, and there are eligible surviving children (eligible means unmarried children under age 22) in addition to an eligible spouse, then an additional monthly allowance is paid equal to the following: 6-76 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-6 Miscellaneous 2.5% at 55 Risk Pool  if 1 eligible child: 12.5% of final compensation  if 2 eligible children: 20.0% of final compensation  if 3 or more eligible children: 25.0% of final compensation Cost-of-Living Adjustments (COLA) Standard Benefit Beginning the second calendar year after the year of retirement, retirement and survivor allowances will be annually adjusted on a compound basis by 2%. However, the cumulative adjustment may not be greater than the cumulative change in the Consumer Price Index since the date of retirement. Improved Benefit Employers have the option of providing any of these improved cost-of-living adjustments by contracting for any one of these class 1 optional benefits. Beginning the second calendar year after the year of retirement, retirement and survivor allowances will be annually adjusted on a compound basis by either 3%, 4% or 5%. However, the cumulative adjustment may not be greater than the cumulative change in the Consumer Price Index since the date of retirement. Purchasing Power Protection Allowance (PPPA) Retirement and survivor allowances are protected against inflation by PPPA. PPPA benefits are cost-of-living adjustments that are intended to maintain an individual’s allowance at 80% of the initial allowance at retirement adjusted for inflation since retirement. The PPPA benefit will be coordinated with other cost-of-living adjustments provided under the plan. Employee Contributions Each employee contributes toward his or her retirement based upon the following schedule. The percent contributed below the monthly compensation breakpoint is 0%. The monthly compensation breakpoint is $0 for full and supplemental formula members, except for those members in the CSU auxiliary organizations where the breakpoint is $513. The monthly compensation breakpoint is $133.33 for employees covered by the modified formula. The percent contributed above the monthly compensation breakpoint is 8% except for those members in the CSU auxiliary organizations where the contribution rate has been set at the State member level. The employer may choose to “pick-up” these contributions for the employees (Employer Paid Member Contributions or EMPC). An employer may also include Employee Cost Sharing in the contract, where employees contribute an additional percentage of compensation based on any optional benefit for which a contract amendment was made on or after January 1, 1979. Refund of Employee Contributions If the member’s service with the employer ends, and if the member does not satisfy the eligibility conditions for any of the retirement benefits above, the member may elect to receive a refund of his or her employee contributions, which are credited annually with 6% interest. 6-77 APPENDIX B CalPERS Actuarial Valuation – June 30, 2010 B-7 Miscellaneous 2.5% at 55 Risk Pool 1959 Survivor Benefit This is a pre-retirement death benefit available only to members not covered by Social Security. Any agency joining CalPERS subsequent to 1993 was required to provide this benefit if the members were not covered by Social Security. The benefit is optional for agencies joining CalPERS prior to 1994. Levels 1, 2 and 3 are now closed. Any new agency or any agency wishing to add this benefit or increase the current level must choose the 4th or Indexed Level. This benefit is not included in the results presented in this valuation. More information on this benefit is available on the CalPERS website at www.calpers.ca.gov. 6-78 APPENDIX C  CLASSIFICATION OF OPTIONAL BENEFITS  EXAMPLE OF INDIVIDUAL AGENCY’S RATE CALCULATION  DISTRIBUTION OF CLASS 1 BENEFITS 6-79 APPENDIX C CalPERS Actuarial Valuation – June 30, 2010 C-1 Miscellaneous 2.5% at 55 Risk Pool Classification of Optional Benefits Below is the list of the available optional benefit provisions and their initial classification upon establishment of risk pools. When new benefits become available as a result of legislation, the Chief actuary will determine their classification in accordance with the criteria established in the board policy. Class 1 Class 1 benefits have been identified to be the more expensive ancillary benefits. These benefits vary by employer across the risk pool. Agencies contracting for a Class 1 benefit will be responsible for the past service liability associated with such benefit and will be required to pay a surcharge established by the actuary to cover the ongoing cost (normal cost) of the Class 1 benefit. The table below shows the list of Class 1 benefits and their applicable surcharge for the Miscellaneous 2.5% at 55 Risk Pool. Last year’s surcharges are shown for comparison. {classification_optional_benefits} June 30, 2009 June 30, 2010  One Year Final Compensation 0.604% 0.607%  EPMC 7% 1.066% 1.069%  EPMC 8% 1.219% 1.221%  EPMC 9% N/A N/A  25% PRSA 0.903% 0.908%  50% PRSA 0.903% 0.908%  3% Annual COLA 1.363% 1.367%  4% Annual COLA 1.363% 1.367%  5% Annual COLA 1.363% 1.367%  IDR For Local Miscellaneous Members 0.464% 0.469%  Increased IDR Allowance to 75% of Compensation 0.813% 0.821%  Improved Industrial Disability Allowance for Local Safety Members N/A N/A  1% Employee Cost Sharing (1.000%) (1.000%)  2% Employee Cost Sharing (2.000%) (2.000%)  .75% Employee Cost Sharing (0.750%) (0.750%)  7% Employee Contribution Reduction 7.000% 7.000%  3.50% Employee Contribution Reduction 3.500% 3.500%  Employee Contribution Rate for CSUC Auxiliary Organizations Reduced to State Member Level - Covered by Social Security 2.000% 2.000%  Employee Contribution Rate for CSUC Auxiliary Organizations Reduced to State Member Level - Not Covered by Social Security 1.000% 1.000% For employers contracting for more than one Class 1 benefit, the surcharges listed in this table will be added together. Class 2 Class 2 benefits have been identified to be the ancillary benefits providing one-time increases in benefits. These benefits vary by employer across the risk pool. Agencies contracting for a Class 2 benefit will be responsible for the past service liability associated with such benefit. The following benefits shall be classified as Class 2:  One-time 1% to 6% Ad Hoc COLA Increases for members who retired or died prior to January 1, 1998 (Section 21328)  "Golden Handshakes" – Section 20903 Two Years Additional Service Credit  Credit for Prior Service Paid for by the Employer  Military Service Credit (Section 20996) 6-80 APPENDIX C CalPERS Actuarial Valuation – June 30, 2010 C-2 Miscellaneous 2.5% at 55 Risk Pool  Credit for Local Retirement System Service for Employees of Agencies Contracted on a Prospective basis (Section 20530.1)  Prior Service Credit for Employees of an Assumed Agency Function (Section 20936)  Limit Prior Service to Members Employed on Contract Date (Section 20938)  Public Service Credit for Limited Prior Service (Section 21031)  Public Service Credit for Employees of an Assumed Agency or Function (Section 21025) Class 3 Class 3 benefits have been identified to be the less expensive ancillary benefits. Class 3 benefits may vary by rate plan within each risk pool. However, the employer contribution rate will not vary within the risk pool due to the Class 3 benefits. The following benefits shall be classified as Class 3:  Full formula plus social security  Post Retirement Lump Sum Death Benefit  $600 lump sum retired death benefit (Section 21622)  $2,000 lump sum retired death benefit (Section 21623.5)  $3,000 lump sum retired death benefit (Section 21623.5)  $4,000 lump sum retired death benefit (Section 21623.5)  $5,000 lump sum retired death benefit (Section 21623.5)  Improved non-industrial disability allowance (Section 21427)  Special death benefit for local miscellaneous members (Section 21540.5)  Service Credit Purchased by Member  Partial Service Retirement (Section 21118)  Optional Membership for Part Time Employees (Section 20325)  Extension of Reciprocity Rights for Elective Officers (Section 20356)  Removal of Contract Exclusions Prospectively Only (Section 20503)  Alternate Death Benefit for Local Fire Members credited with 20 or more years of service (Section 21547.7) 6-81 APPENDIX C CalPERS Actuarial Valuation – June 30, 2010 C-3 Miscellaneous 2.5% at 55 Risk Pool Example Of Individual Agency's Rate Calculation An individual employer rate is comprised of several components. These include the pool's net employer normal cost, payment on the pool's unfunded liability, additional surcharge payments for contracted Class 1 benefits, the normal cost phase-out and an agency’s payment for their own side fund. An example of the total rate for an employer might look something like this: Net Pool's Employer Normal Cost 8.780% Rate Plan Surcharges 0.607% Total Employer Normal Cost 9.387% Plus: Pool's Payment on the Amortization Bases 4.527% Side Fund Amortization Payment 2.600% Total Employer Rate for fiscal year 2012-2013 16.514% Details regarding your individual agency's normal cost phase out, side fund and surcharges can be found in Section 1. Distribution of Class 1 Benefits % of members in the pool Final Compensation with contracted benefit One Year Final Compensation 79.3% Three Years Final Compensation 20.8% Post Retirement Survivor Continuance (PRSA) No PRSA 75.6% With PRSA 24.4% Cost-of-Living Adjustments (COLA) 2% COLA 96.6% 3% COLA 0.9% 4% COLA 1.6% 5% COLA 1.0% Industrial Disability Benefit None 95.3% Standard Industrial Disability Benefit (50% of Final Compensation) 3.4% Improved Industrial Disability Benefit (75% of Final Compensation) 1.3% Improved Industrial Disability Benefit (50% - 90% of Final Compensation) 0.0% 6-82 APPENDIX D  LIST OF PARTICIPATING EMPLOYERS 6-83 APPENDIX D CalPERS Actuarial Valuation – June 30, 2010 D-1 Miscellaneous 2.5% at 55 Risk Pool Employer Name ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY ALAMEDA COUNTY SCHOOLS INSURANCE GROUP ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY ALBANY MUNICIPAL SERVICES JOINT POWERS AUTHORITY ANDERSON FIRE PROTECTION DISTRICT ARROYO GRANDE DISTRICT CEMETERY ASSOCIATION OF BAY AREA GOVERNMENTS ASSOCIATION OF CALIFORNIA WATER AGENCIES BEAUMONT DISTRICT LIBRARY BUTTE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT CALIFORNIA ASSOCIATION FOR PARK AND RECREATION INDEMNITY CAYUCOS SANITARY DISTRICT CAYUCOS-MORRO BAY CEMETERY DISTRICT CENTRAL COUNTY FIRE DEPARTMENT CENTRAL FIRE PROTECTION DISTRICT OF SANTA CRUZ COUNTY CHESTER PUBLIC UTILITY DISTRICT CHINO BASIN WATERMASTER CHINO VALLEY INDEPENDENT FIRE DISTRICT CITY OF ALBANY CITY OF ARROYO GRANDE CITY OF ATASCADERO CITY OF BLUE LAKE CITY OF BLYTHE CITY OF CALISTOGA CITY OF CAPITOLA CITY OF CHOWCHILLA CITY OF CRESCENT CITY CITY OF DIXON CITY OF DUARTE CITY OF EAST PALO ALTO CITY OF FIREBAUGH CITY OF FOUNTAIN VALLEY CITY OF GRASS VALLEY CITY OF GROVER BEACH CITY OF GUSTINE CITY OF HEALDSBURG CITY OF HOLLISTER CITY OF IONE CITY OF JACKSON CITY OF LA PUENTE CITY OF LA QUINTA CITY OF LA VERNE CITY OF LAKE ELSINORE CITY OF LAKEPORT CITY OF LARKSPUR CITY OF LEMON GROVE CITY OF LOMITA CITY OF MILL VALLEY CITY OF NEVADA CITY CITY OF OAKDALE CITY OF OAKLEY CITY OF PINOLE CITY OF PISMO BEACH CITY OF PLACERVILLE CITY OF RANCHO MIRAGE CITY OF RANCHO PALOS VERDES 6-84 APPENDIX D CalPERS Actuarial Valuation – June 30, 2010 D-2 Miscellaneous 2.5% at 55 Risk Pool CITY OF RANCHO SANTA MARGARITA CITY OF SAN CARLOS CITY OF SAN PABLO CITY OF SANGER CITY OF SANTA PAULA CITY OF SAUSALITO CITY OF SCOTTS VALLEY CITY OF SIERRA MADRE CITY OF SOLANA BEACH CITY OF SOLVANG CITY OF SOUTH EL MONTE CITY OF TEMPLE CITY CITY OF TWENTYNINE PALMS CITY OF WATERFORD COASTSIDE COUNTY WATER DISTRICT CRESTLINE VILLAGE WATER DISTRICT DE LUZ COMMUNITY SERVICES DISTRICT DENAIR COMMUNITY SERVICES DISTRICT DESERT WATER AGENCY EAST BAY DISCHARGERS AUTHORITY EASTERN SIERRA TRANSIT AUTHORITY EXPOSITION METRO LINE CONSTRUCTION AUTHORITY FALLBROOK PUBLIC UTILITY DISTRICT FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT GOLDEN SIERRA JOB TRAINING AGENCY GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT HEBER PUBLIC UTILITY DISTRICT HERITAGE RANCH COMMUNITY SERVICES DISTRICT HI-DESERT WATER DISTRICT HIDDEN VALLEY LAKE COMMUNITY SERVICES DISTRICT HIGGINS AREA FIRE PROTECTION DISTRICT KERN COUNTY COUNCIL OF GOVERNMENTS KIRKWOOD MEADOWS PUBLIC UTILITIES DISTRICT LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT LOS ANGELES COUNTY AREA E CIVIL DEFENSE AND DISASTER BOARD LOS ANGELES COUNTY LAW LIBRARY LOS ANGELES MEMORIAL COLISEUM COMMISSION LOS ANGELES TO PASADENA METRO BLUE LINE CONSTRUCTION MADERA HOUSING AUTHORITY, THE CITY OF MC FARLAND RECREATION AND PARK DISTRICT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MONTE VISTA COUNTY WATER DISTRICT NAPA COUNTY TRANSPORTATION AND PLANNING AGENCY NEVADA COUNTY RESOURCE CONSERVATION DISTRICT NORTH MARIN WATER DISTRICT OLIVENHAIN MUNICIPAL WATER DISTRICT ORO LOMA SANITARY DISTRICT OXNARD HARBOR DISTRICT PEBBLE BEACH COMMUNITY SERVICES DISTRICT PLEASANT VALLEY RECREATION AND PARK DISTRICT PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA RAINBOW MUNICIPAL WATER DISTRICT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT REDWOOD EMPIRE SCHOOL INSURANCE GROUP REGIONAL COUNCIL OF RURAL COUNTIES ROSAMOND COMMUNITY SERVICES DISTRICT ROSE BOWL OPERATING COMPANY ROWLAND WATER DISTRICT SACRAMENTO AREA COUNCIL OF GOVERNMENTS 6-85 APPENDIX D CalPERS Actuarial Valuation – June 30, 2010 D-3 Miscellaneous 2.5% at 55 Risk Pool SACRAMENTO TRANSPORTATION AUTHORITY SACRAMENTO-YOLO MOSQUITO AND VECTOR CONTROL DISTRICT SAN BENITO COUNTY WATER DISTRICT SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT SAN ELIJO JOINT POWERS AUTHORITY SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY SAN LUIS WATER DISTRICT SAN MATEO COUNTY HARBOR DISTRICT SANTA CLARA COUNTY LAW LIBRARY SANTA CRUZ PORT DISTRICT SEWERAGE COMMISSION--OROVILLE REGION SHASTA LAKE FIRE PROTECTION DISTRICT SHASTA LOCAL AGENCY FORMATION COMMISSION SOQUEL CREEK WATER DISTRICT SOUTH COUNTY SUPPORT SERVICES AGENCY SOUTH ORANGE COUNTY WASTE WATER AUTHORITY SOUTH SAN JOAQUIN IRRIGATION DISTRICT SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT SOUTHEAST AREA SOCIAL SERVICES FUNDING AUTHORITY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY SOUTHWEST TRANSPORTATION AGENCY SUMMIT CEMETERY DISTRICT SUSANVILLE CONSOLIDATED SANITARY DISTRICT TOWN OF COLMA TOWN OF CORTE MADERA TOWN OF FAIRFAX TOWN OF WOODSIDE TRABUCO CANYON WATER DISTRICT TRI-DAM HOUSING AND PERSONNEL AGENCY TRINDEL INSURANCE FUND TWIN CITIES POLICE AUTHORITY UNITED WATER CONSERVATION DISTRICT VALLEY OF THE MOON WATER DISTRICT VALLEY SANITARY DISTRICT VALLEY-WIDE RECREATION AND PARK DISTRICT VICTOR VALLEY WASTEWATER RECLAMATION AUTHORITY WATER FACILITIES AUTHORITY-JOINT POWERS AGENCY WEST BAY SANITARY DISTRICT WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY WESTERN MUNICIPAL WATER DISTRICT WILLOW COUNTY WATER DISTRICT WILLOW CREEK COMMUNITY SERVICES DISTRICT WINTERS CEMETERY DISTRICT YOLO COUNTY PUBLIC AGENCY RISK MANAGEMENT INSURANCE AUTHORITY YOLO COUNTY TRANSPORTATION DISTRICT 6-86 APPENDIX E  INVESTMENT RETURN SENSITIVITY ANALYSIS 6-87 APPENDIX E CalPERS Actuarial Valuation – June 30, 2010 E-1 Miscellaneous 2.5% at 55 Risk Pool Investment Return Sensitivity Analysis In July 2011, the investment return for fiscal year 2010-2011 was announced to be 20.7%. Note that this return is before administrative expenses and also does not reflect final investment return information for real estate and private equities. The final return information for these two asset classes is expected to be available later in October. Our estimated preliminary 20.0% return for the 2010-2011 fiscal year is good news as it will help reduce the impact of the -24% return in 2008-2009 and the impact of the three-year phase in adopted by the Board in June 2009. For purposes of projecting future employer rates, we are assuming a 20% investment return for fiscal year 2010-2011. The investment return realized during a fiscal year first affects the contribution rate for the fiscal year 2 years later. Specifically, the investment return for 2010-2011 will first be reflected in the June 30, 2011 actuarial valuation that will be used to set the 2013-2014 employer contribution rates, the 2011-2012 investment return will first be reflected in the June 30, 2012 actuarial valuation that will be used to set the 2014-2015 employer contribution rates and so forth. Based on a 20% investment return for fiscal year 2010-2011 and assuming that all other actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur between now and the beginning of the fiscal year 2013-2014, the effect on the 2013-2014 Employer Rate is as follows: Estimated 2013-2014 Pool’s Base Employer Rate Estimated Increase in Pool’s Base Employer Rate between 2012-2013 and 2013-2014 13.5% 0.2% As part of this report, a sensitivity analysis was performed to determine the effects of various investment returns during fiscal years 2011-2012, 2012-2013 and 2013-2014 on the 2014-2015, 2015-2016 and 2016-2017 employer rates. Once again, the projected rate increases assume that all other actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur. Five different 2011-2012 investment return scenarios were selected.  The first scenario is what one would expect if the markets were to give us a 5th percentile return from July 1, 2011 through June 30, 2014. The 5th percentile return corresponds to a -3.64% return for the each of the 2011-2012, 2012-2013 and 2013-2014 fiscal years.  The second scenario is what one would expect if the markets were to give us a 25th percentile return from July 1, 2011 through June 30, 2014. The 25th percentile return corresponds to a 2.93% return for the each of the 2011-2012, 2012-2013 and 2013-2014 fiscal years.  The third scenario assumed the return for 2011-2012, 2012-2013, 2013-2014 would be our assumed 7.75% investment return which represents about a 49th percentile event.  The fourth scenario is what one would expect if the markets were to give us a 75th percentile return from July 1, 2011 through June 30, 2014. The 75th percentile return corresponds to a 12.25% return for the each of the 2011-2012, 2012-2013 and 2013-2014 fiscal years.  Finally, the last scenario is what one would expect if the markets were to give us a 95th percentile return from July 1, 2011 through June 30, 2014. The 95th percentile return corresponds to a 19.02% return for the each of the 2011-2012, 2012-2013 and 2013-2014 fiscal years. The table below shows the estimated changes in the Pool’s Base rate for 2014-2015, 2015-2016 and 2016-2017 under the five different scenarios. 2011-2014 Investment Return Scenario Estimated Change in Pool’s Base Rate Between Year Shown and Preceding Year Total Estimated Increase in Pool’s Base Employer Rate between 2013-2014 and 2016-2017 2014-2015 2015-2016 2016-2017 -3.64% (5th percentile) 1.5% 3.2% 3.0% 7.8% 2.93% (25th percentile) 0.3% 0.6% 1.4% 2.3% 7.75% 0.2% 0.2% 0.2% 0.6% 12.25%(75th percentile) 0.1% 0.1% 0.0% 0.2% 19.02%(95th percentile) 0.0% -0.2% -0.5% -0.6% 6-88 APPENDIX F  GLOSSARY OF ACTUARIAL TERMS 6-89 APPENDIX F CalPERS Actuarial Valuation – June 30, 2010 F-1 Miscellaneous 2.5% at 55 Risk Pool Glossary of Actuarial Terms Accrued Liability The total dollars needed as of the valuation date to fund all benefits earned in the past for current members. Actuarial Assumptions Assumptions made about certain events that will affect pension costs. Assumptions generally can be broken down into two categories: demographic and economic. Demographic assumptions include such things as mortality, disability and retirement rates. Economic assumptions include investment return, salary growth and inflation. Actuarial Methods Procedures employed by actuaries to achieve certain goals of a pension plan. These may include things such as funding method, setting the length of time to fund the past service liability and determining the actuarial value of assets. Actuarial Valuation The determination, as of a valuation date of the normal cost, actuarial accrued liability, actuarial value of assets and related actuarial present values for a pension plan. These valuations are performed annually or when an employer is contemplating a change to their plan provisions. Actuarial Value of Assets The actuarial value of assets used for funding purposes is obtained through an asset smoothing technique where investment gains and losses are partially recognized in the year they are incurred, with the remainder recognized in subsequent years. This method helps to dampen large fluctuations in the employer contribution rate. Amortization Bases Separate payment schedules for different portions of the unfunded liability. The total unfunded liability of a risk pool or non-pooled plan can be segregated by "cause", creating “bases” and each such base will be separately amortized and paid for over a specific period of time. This can be likened to a home mortgage that has 24 years of remaining payments and a second on that mortgage that has 10 years left. Each base or each mortgage note has its own terms (payment period, principal, etc.) Generally in an actuarial valuation, the separate bases consist of changes in liability (principal) due to amendments, actuarial assumption changes, or methodology changes and gains and losses. Payment periods are determined by Board policy and vary based on the cause of the change. Amortization Period The number of years required to pay off an amortization base. Annual Required Contributions (ARC) The employer's periodic required annual contributions to a defined benefit pension plan, calculated in accordance with the plan assumptions. The ARC is determined by multiplying the employer contribution rate by the payroll reported to CalPERS for the applicable fiscal year. However, if this contribution is fully prepaid in a lump sum, then the dollar value of the ARC is equal to the Lump Sum Prepayment. Class 1 Benefits Class 1 benefits have been identified to be the more expensive ancillary benefits. These benefits vary by employer across the risk pool. Agencies contracting for a Class 1 benefit will be responsible for the past service liability associated with such benefit and will be required to pay a surcharge established by the actuary to cover the ongoing cost (normal cost) of the Class 1 benefit. 6-90 APPENDIX F CalPERS Actuarial Valuation – June 30, 2010 F-2 Miscellaneous 2.5% at 55 Risk Pool Class 2 Benefits Class 2 benefits have been identified to be the ancillary benefits providing one-time increases in benefits. These benefits vary by employer across the risk pool. Agencies contracting for a Class 2 benefit will be responsible for the past service liability associated with such benefit. Class 3 Benefits Class 3 benefits have been identified to be the less expensive ancillary benefits. Class 3 benefits may vary by rate plan within each risk pool. However, the employer contribution rate will not vary within the risk pool due to the Class 3 benefits. Entry Age The earliest age at which a plan member begins to accrue benefits under a defined benefit pension Plan or risk pool. In most cases, this is the same as the date of hire. (The assumed retirement age less the entry age is the amount of time required to fund a member's total benefit. Generally, the older a member is at hire, the greater the entry age normal cost. This is mainly because there is less time to earn investment income to fund the future benefits.) Excess Assets When a plan or pool’s actuarial value of assets is greater than its accrued liability, the difference is the plan or pool’s excess assets. A plan with excess assets is said to be overfunded. The result is that the plan or pool can temporarily reduce future contributions. Entry Age Normal Cost Method An actuarial cost method designed to fund a member's total plan benefit over the course of his or her career. This method is designed to produce stable employer contributions in amounts that increase at the same rate as the employer’s payroll (i.e. level % of payroll). Fresh Start When multiple amortization bases are collapsed into one base and amortized over a new funding period. At CalPERS, fresh starts are used to avoid inconsistencies that would otherwise occur. Funded Status A measure of how well funded a plan or risk pool is. Or equivalently, how "on track" a plan or risk pool is with respect to assets vs. accrued liabilities. We calculate a funded ratio by dividing the market value of assets by the accrued liabilities. A ratio greater than 100% means the plan or risk pool has more assets than liabilities and a ratio less than 100% means liabilities are greater than assets. Normal Cost The annual cost of service accrual for the upcoming fiscal year for active employees. The normal cost, including surcharges for applicable class 1 benefit should be viewed as the long term contribution rate. Pension Actuary A person who is responsible for the calculations necessary to properly fund a pension plan. Prepayment Contribution A payment made by the employer to reduce or eliminate the year’s required employer contribution. Present Value of Benefits The total dollars needed as of the valuation date to fund all benefits earned in the past or expected to be earned in the future for current members. Risk Pools Using the benefit of the law of large numbers, it is a collection of employers for the purpose of sharing risk. Rolling Amortization Period An amortization period that remains the same each year, rather than declining. 6-91 APPENDIX F CalPERS Actuarial Valuation – June 30, 2010 F-3 Miscellaneous 2.5% at 55 Risk Pool Side Fund At the time of joining a risk pool, a side fund was created to account for the difference between the funded status of the pool and the funded status of your plan. Your side fund will be amortized on an annual basis, with the actuarial investment return assumption. This assumption is currently 7.75%. A positive side fund will cause your required employer contribution rate to be reduced by the Amortization of Side Fund rate component shown in the Required Employer Contributions section. A negative side fund will cause your required employer contribution rate to be increased by the Amortization of Side Fund rate component. In the absence of subsequent contract amendments or funding changes, the Side Fund will disappear at the end of the amortization period. Superfunded A condition existing when the actuarial value of assets exceeds the present value of benefits. When this condition exists on a given valuation date for a given plan, employee contributions for the rate year covered by that valuation may be waived. Unfunded Liability When a plan or pool’s actuarial value of assets is less than its accrued liability, the difference is the plan or pool’s unfunded liability. The plan or pool will have to temporarily increase contributions. 6-92 411 Borel Avenue, Suite 101  San Mateo, California 94402 main: 650/377-1600  fax: 650/345-8057  web: www.bartel-associates.com January 18, 2011 Honorable Mayor Long, Members of the City Council and Carolyn Lehr, City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Re: City of Rancho Palos Verdes CalPERS Unfunded Liability Background Bartel Associates has been asked to provide the City of Rancho Palos Verdes CalPERS related unfunded liability. Beginning with the June 30, 2003 actuarial valuation, all CalPERS participating agencies with fewer than 100 active members (including the City), were pooled with other agencies with the same benefit formulas. The City participates in the 2.5%@55 CalPERS Risk Pool. This Risk Pool’s most recent (June 30, 2009) actuarial valuation was provided to the City at the end of November. This valuation is used to determine the City’s (as well as other agencies participating in the Risk Pool) 2011/12 fiscal year contribution rates. Actuarial valuations show an unfunded liability when the Actuarial Accrued Liability exceeds the Actuarial Value of Assets. The difference between these two is usually referred to as the Unfunded Actuarial Accrued Liability (or UAAL). CalPERS Risk Pool actuarial valuations do not provide individual agency actuarial information, other than the contribution rate. The valuations only provide the total Risk Pool’s unfunded liability. The UAAL is not a liability requiring full payment within one year. The information provided below is based on CalPERS June 30, 2009 actuarial valuation. When completed, the June 30, 2010 CalPERS UAAL will be different. However, if the agency withdraws from CalPERS, the UAAL will be more precisely calculated (resulting in different amounts than estimated below) and will be due and payable over a short period. City of Rancho Palos Verdes Estimate CalPERS Unfunded Actuarial Accrued Liability As mentioned above, CalPERS only provides the total Risk Pool’s UAAL, it does not provide agencies their respective UAAL, or their allocated portion of the UAAL. We provided the City an estimate (based on the Actuarial Asset Value) of the City’s portion of the Risk Pool UAAL for the November 30th City Council meeting. This letter documents the information we provided and expands it to include an estimate of the City’s portion of the Risk Pool’s Market Value based UAAL. Because the City’s 2011/12 contribution will be a function of the Risk Pool’s UAAL and expected 2011/12 PERSable wages, in conjunction with the City’s actual 2011/12 PERSable wages; the City’s portion of the UAAL can be estimated by prorating the City’s expected 2011/12 PERSable wages ($5.1 million) and the Risk Pool’s PERSable wages ($390.9 million). The following table summarizes this calculation on both a market and an actuarial (Smoothed market) value basis (results shown in millions of dollars): Attachment B 6-93 Mayor Long, Members of the City Council and Carolyn Lehr, City Manager January 18, 2011 Page 2 411 Borel Avenue, Suite 101  San Mateo, California 94402 main: 650/377-1600  fax: 650/345-8057  web: www.bartel-associates.com Actuarial Market 1. June 30, 2009 Actuarial Accrued Liability $1,834.4 $1,834.4 2. June 30, 2009 Asset Value 1,626.6 1,088.7 3. June 30, 2009 Unfunded Actuarial Accrued Liability (UAAL) 207.8 754.7 4. Pool’s Expected 2011/12 PERSable Wages 390.9 390.9 5. City’s Expected 2011/12 PERSable Wages 5.1 5.1 6. City’s Estimated June 30, 2009 UAAL [(3) x (5) / (4)] 2.7 9.8 I recall the City Manager, in response to a Council question, mentioned that our estimated City portion of the Risk Pool’s Actuarial Value based UAAL was $2.7 million, consistent with the above amounts. As stated before, the market value provides an estimate of the UAAL if there were no asset smoothing. It also approximates (but somewhat understates) the City’s termination UAAL if the City withdrew from CalPERS.. Please note the above estimates are as of June 30, 2009 and will vary into the future based on CalPERS actual investment experience and the Risk Pool’s non-investment experience. During the November 30th Council meeting, CalPERS’ Senior Pension Actuary, Kung-Pei Hwang, mentioned that CALPERS June 30, 2010 investment return was 13.3%. This will have a favorable impact on the Risk Pool’s Market Value based UAAL. However, despite this favorable investment return, we expect the City’s CalPERS contribution rates will continue to increase. The City could get precise UAAL information from CalPERS by either requesting a Contract Amendment Cost Analysis or a Termination/Withdrawal Study. However, if the City does not implement a benefit improvement or does not withdraw, this precise calculation will only be of theoretical use, since the City’s contribution is based on the Risk Pool’s Actuarial Value based UAAL contribution rate multiplied by the City’s PERSable wages. Please call me (650/377-1601) with any questions about this letter. Sincerely, John E. Bartel President jb: JEB: c:\documents and settings\jbartel\my documents\clients\city of rancho palos verdes\calpers\6-30-09\ba rpvci 11-01-18 ual letter draft.doc 6-94 Kathryn Downs From: Hwang, Kung-Pei [Kung-Pei_Hwang@CalPERS.CA.GOV] Sent: Monday, January 23, 2012 2:09 PM To: 'Kathryn Downs' Subject: RE: Actuarial for UL 3/9/2012 Kathryn: I am not aware of the $400 valuation fee for the information requested. The Actuarial Office does not normally provide individual unfunded liabilities for pooled plans. We will provide such information only when a plan leaves a pool. e.g. by termination or by benefit improvement. Since your City has paid off its side fund, you do not have any unfunded liability of your own. However, you are responsible for a share of the pool’s unfunded liability (the 2.5% @ 55 Miscellaneous pool). In any case, we could not provide you with an up-to-date individual unfunded liability for your plan, since our calculation would be based on the June 30, 2010 information, the latest such information available to the Actuarial Office. The calculation would not reflect the 20.7% return from CalPERS investments in 2010/2011 or the membership changes in the 2.5% @ 55 pool since 6/30/2010. I hope this information is useful. Please let me know if you have any questions. H a v e a N i c e D a y ! Kung-pei Hwang Senior Pension Actuary CalPERS (916) 795-3411 From: Kathryn Downs [mailto:kathrynd@rpv.com] Sent: Monday, January 23, 2012 10:21 AM To: Hwang, Kung-Pei Subject: Actuarial for UL Hi Kung-Pei; I bet the number of questions that you receive about pension has increased over the last couple of years. I know it sure has for us. I understand that since we are in a risk pool, CalPERS does not calculate our individual unfunded liability. We can only estimate that number, based on our estimated share of the pool’s unfunded liability. It was also my understanding that CalPERS will provide an individual actuarial calculation of unfunded liability for an agency, only if that agency adopts a resolution of intent to separate from CalPERS. My City Manager was at a meeting with other City Managers and heard that CalPERS will prepare this individual actuarial calculation without a resolution of intent. All we have to do is pay CalPERS $400. Is that true? Please clarify the steps to obtaining a calculation of RPV’s unfunded liability. I don’t want to misinform our City Council Members about what is available to us. Thanks! Kathryn Downs Deputy Director of Finance & Information Technology (310) 544-5216 http://www.palosverdes.com/rpv/ Attachment C 6-95 1 10/27/2011 Twelve Point Pension Reform Plan October 27, 2011 The pension reform plan I am proposing will apply to all California state, local, school and other public employers, new public employees, and current employees as legally permissible. It also will begin to reduce the taxpayer burden for state retiree health care costs and will put California on a more sustainable path to providing fair public retirement benefits. 1. Equal Sharing of Pension Costs: All Employees and Employers While many public employees make some contribution to their retirement – state employees contribute at least 8 percent of their salaries – some make none. Their employers pay the full amount of the annual cost of their pension benefits. The funding of annual normal pension costs should be shared equally by employees and employers. My plan will require that all new and current employees transition to a contribution level of at least 50 percent of the annual cost of their pension benefits. Given the different levels of employee contributions, the move to a contribution level of at least 50 percent will be phased in at a pace that takes into account current contribution levels, current contracts and the collective bargaining process. Regardless of pacing, this change delivers real near-term savings to public employers, who will see their share of annual employee pension costs decline. 2. “Hybrid” Risk-Sharing Pension Plan: New Employees Most public employers provide employees with a defined benefit pension plan. The employer (and ultimately the taxpayer) guarantees annual pension benefits and bears all of the risk of investment losses under those plans. Most private sector employers, and some public employers, offer only 401(k)-type defined contribution plans that place the entire risk of loss on investments on employees and deliver no guaranteed benefit. I believe that all public employees should have a pension plan that strikes a fair balance between a guaranteed benefit and a benefit subject to investment risk. The “hybrid” plan I am proposing will include a reduced defined benefit component and a defined contribution component that will be managed professionally to reduce the risk of employee investment loss. The hybrid plan will combine those two components with Social Security and envisions payment of an annual retirement benefit that replaces 75 percent of an employee’s salary. That 75 percent target will Attachment D 6-96 2 10/27/2011 be based on a full career of 30 years for safety employees, and 35 years for non-safety employees. The defined benefit component, the defined contribution component, and Social Security should make up roughly equal portions of the targeted retirement income level. For employees who don’t participate in Social Security, the goal will be that the defined benefit component will make up two-thirds, and the defined contribution component will make up the remaining one-third, of the targeted retirement benefit. The State Department of Finance will study and design hybrid plans for safety and non-safety employees, and will fashion a cap on the defined benefit portion of the plans to ensure that employers do not bear an unreasonable liability for high-income earners. 3. Increase Retirement Ages: New Employees Over time, enriched retirement formulas have allowed employees to retire at ever-earlier ages. Many non-safety employees may now retire at age 55, and many safety employees may retire at age 50, with full retirement benefits. As a consequence, employers have been required to pay for benefits over longer and longer periods of time. The retirement age for non-safety workers in 1932, when the state created its retirement system, was 65. The retirement age for a state highway patrol officer in 1935 was 60. The life expectancy of a twenty-year old who began working at that time was mid-to-late 60s, meaning that life expectancy beyond retirement was a relatively short period of time. Now with a growing life expectancy, pensions will pay out not just for a few years, but for several decades, requiring public employers to pay pension benefits over much longer periods of time. Under current conditions, many years can separate retirement age from the age when an employee actually stops working. No one anticipated that retirement benefits would be paid to those working second careers. We have to align retirement ages with actual working years and life expectancy. Under my plan, all new public employees will work to a later age to qualify for full retirement benefits. For most new employees, retirement ages will be set at the Social Security retirement age, which is now 67. The retirement age for new safety employees will be less than 67, but commensurate with the ability of those employees to perform their jobs in a way that protects public safety. Raising the retirement age will reduce the amount of time retirement benefits must be paid and will significantly reduce retiree health care premium costs. Employees will have fewer, if any, years between retirement and reaching the age of Medicare eligibility, when a substantial portion of retiree health care costs shift to the federal government under Medicare. 4. Require Three-Year Final Compensation to Stop Spiking: New Employees Pension benefits for some public employees are still calculated based on a single year of “final compensation.” That one-year rule encourages games and gimmicks in the last year of employment that artificially increase the compensation used to determine pension benefits. My plan will require that final compensation be defined, as it is now for new state employees, as the highest average annual compensation over a three-year period. 6-97 3 10/27/2011 5. Calculate Benefits Based on Regular, Recurring Pay to Stop Spiking: New Employees Where not controlled, pension benefits can be manipulated by supplementing salaries with special bonuses, unused vacation time, excessive overtime and other pay perks. My plan will require that compensation be defined as the normal rate of base pay, excluding special bonuses, unplanned overtime, payouts for unused vacation or sick leave, and other pay perks. 6. Limit Post-Retirement Employment: All Employees Retirement with a pension should not translate into retiring on a Friday, returning to full-time work the following Monday, and collecting a pension and a salary. Retired employees often have experience that can deliver real value to public employers, though, so striking a reasonable balance in limiting post-retirement employment is appropriate. Most employees who retire from state service, and from other CalPERS member agencies, are currently limited to working 960 hours per year for a public employer, and do not earn any additional retirement benefits for that work. My plan will limit all employees who retire from public service to working 960 hours or 120 days per year for a public employer. It also will prohibit all retired employees who serve on public boards and commissions from earning any retirement benefits for that service. 7. Felons Forfeit Pension Benefits: All Employees Although infrequent, recent examples of public officials committing crimes in the course of their public duties have exposed the difficulty of cutting off pension benefits those officials earned during the course of that criminal conduct. My plan will require that public officials and employees forfeit pension and related benefits if they are convicted of a felony in carrying out official duties, in seeking an elected office or appointment, or in connection with obtaining salary or pension benefits. 8. Prohibit Retroactive Pension Increases: All Employees In the past, a number of public employers applied pension benefit enhancements like earlier retirement and increased benefit amounts to work already performed by current employees and retirees. Of course, neither employee nor employer pension contributions for those past years of work accounted for those increased benefits. As a result, billions of dollars in unfunded liabilities continue to plague the system. My plan will ban this irresponsible practice. 9. Prohibit Pension Holidays: All Employees and Employers During the boom years on Wall Street, when unsustainable investment returns supported “fully- funded” pension plans, many public employers stopped making annual pension contributions and gave employees a similar pass. The failure to make annual contributions left pension plans in a significantly weakened position following the recent market collapse. My plan will prohibit all employers from suspending employer and/or employee contributions necessary to fund annual pension costs. 6-98 4 10/27/2011 10. Prohibit Purchases of Service Credit: All Employees Many pension systems allow employees to buy “airtime,” additional retirement service credit for time not actually worked. When an employee buys airtime, the public employer assumes the full risk of delivering retirement income based on those years of purchased service credit. Pensions are intended to provide retirement stability for time actually worked. Employers, and ultimately taxpayers, should not bear the burden of guaranteeing the additional employee investment risk that comes with airtime purchases. My plan will prohibit them. 11. Increase Pension Board Independence and Expertise In the past, the lack of independence and financial sophistication on public retirement boards has contributed to unaffordable pension benefit increases. Retirement boards need members with real independence and sophistication to ensure that retirement funds deliver promised retirement benefits over the long haul without exposing taxpayers to large unfunded liabilities. As a starting point, my plan will add two independent, public members with financial expertise to the CalPERS Board. “Independence” means that neither the board member nor anyone in the board member’s family, who is a CalPERS member, is eligible to receive a pension from the CalPERS system, is a member of an organization that represents employees eligible to or who receive a pension from the CalPERS system, or has any material financial interest in an entity that contracts with CalPERS. My plan also will replace the State Personnel Board representative on the CalPERS board with the Director of the California Department of Finance. True independence and expertise may require more. And while my plan starts with changes to the CalPERS board, government entities that control other public retirement boards should make similar changes to those boards to achieve greater independence and greater sophistication. 12. Reduce Retiree Health Care Costs: State Employees The state and the nation have seen the costs of health care skyrocket. The state’s retiree health care premium costs have increased by more than 60 percent in the last five years and will almost double over ten years. This approach has to change. My plan will reduce the taxpayer burden for health care premium costs by requiring more state service to become eligible for health care benefits at retirement. New state employees will be required to work for 15 years to become eligible for the state to pay a portion of their retiree health care premiums. They will be required to work for 25 years to become eligible for the maximum state contribution to those premiums. My plan also will change the anomaly of retirees paying less for health care premiums than current employees. Contrary to current practice, rules requiring all retirees to look to Medicare to the fullest extent possible when they become eligible will be fully enforced. Local governments should make similar changes. 6-99 Public Pension and Retiree Health Benefi ts: An Initial Response To the Governor’s Proposal MAC TAYLOR • LEGISLATIVE ANALYST • NOVEMBER 8, 2011 Attachment E 6-100 AN LAO REPORT 2 Legislative Analyst’s Offi ce www.lao.ca.gov 6-101 EXECUTIVE SUMMARY Th e Governor presented a 12-point plan to change pension and retiree health benefi ts for California’s state and local government workers on October 27, 2011. Th is report provides background on the state’s retirement policy issues and our initial response to the Governor’s proposals. Our Offi ce’s Key Principles on Public Retirement Benefi ts. As we have noted in the past, we do not view the current system of defi ned benefi t pensions for California’s public employees as an intrinsically bad thing at all. Rather, we view pensions and retiree health benefi ts as just one part of overall public employee compensation—in many cases, as benefi ts off ered in lieu of what otherwise might be higher salaries over the course of a public-service career. Moreover, we believe that encouraging public or private workers to defer a portion of their compensation to retirement represents sound public policy. Well-managed and properly funded retirement systems, therefore, are meritorious. What Is the Problem With Public Retirement Benefi ts? California’s current structure of public employee pension and retiree health benefi ts has some substantial problems. Th ere is a notable tendency in the current system for public employers and employees to defer retirement benefi t costs—which should be paid for entirely during the careers of retirement system members—to future generations. Th is leads to unfunded liabilities that have spiraled higher in recent years and are producing cost pressures for the state and many local governments that will persist for years to come. Under the current system, governments have very little fl exibility under case law to alter benefi t and funding arrangements for current employees—even when public budgets are stretched, as they are today. Finally, there is a substantial disparity between retirement benefi ts that are off ered to public workers and those off ered to other workers in the economy. Sustaining a fi nancially manageable system of public employee retirement benefi ts—one that is more closely aligned with the benefi ts off ered private-sector workers—will require substantial, complex, and diffi cult changes by the Legislature, the Governor, local governments, and voters. Governor’s Proposal Is a Bold, Excellent Starting Point Would Help Increase Public Confi dence in California’s Retirement Systems. We view the Governor’s proposal as a bold starting point for legislative deliberations—a proposal that would implement substantial changes to retirement benefi ts, particularly for future public workers. His proposals would shift more of the fi nancial risk for public pensions—now borne largely by public employers—to employees and retirees. In so doing, these proposals would substantially ameliorate this key area of long-term fi nancial risk for California’s governments. At the same time, the Governor’s proposals aim for a future in which career public workers receive a package of retirement benefi ts that would be (1) suffi cient to sustain employees’ standards of living during their retirement years and (2) more closely aligned with benefi t packages off ered to private-sector workers. For all of these reasons, we believe that the Governor’s proposals could increase public confi dence in the state’s retirement benefi t systems. Many Details Left Unaddressed in Governor’s October 27 Presentation. Despite the strengths of the Governor’s pension and retiree health proposal, it leaves many questions unanswered. In particular, we do not understand key details of how his hybrid benefi t and retirement age proposals would work. Moreover, AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 36-102 the Governor’s plan leaves unaddressed many important pension and retiree health issues, including how to address the huge funding problems facing the state’s teachers’ retirement fund, the University of California’s (UC’s) signifi cant pension funding problem, retiree health benefi t liabilities, and other issues. In making signifi cant changes to pension and retiree health benefi ts, we would urge the Legislature also to tackle these very diffi cult issues concerning the funding of benefi ts. Raising Current Workers’ Contributions Is a Legal and Collective Bargaining Minefi eld. Th e Governor proposes that many current public employees be required to contribute more to their pension benefi ts. Others have proposed reducing the rate at which current employees accrue pension benefi ts during their remaining working years. Our reading of California’s pension case law is that it will be very diffi cult—perhaps impossible—for the Legislature, local governments, or voters to mandate such changes for many current public workers and retirees. Moreover, employer savings from these changes likely will be off set to some extent by higher salaries or other benefi ts for aff ected workers. Given all of these challenges, we advise the Legislature to focus primarily on changes to future workers’ benefi ts. Such changes should produce net taxpayer savings only over the long run but are certain to be legally viable. A Golden Opportunity to Make These Benefi ts More Sustainable Clearly, there is signifi cant public concern about public pension and retiree health benefi ts. In our view, the current structure of these benefi ts—wherein state and local governments provide compensation in forms that are very diff erent from that off ered in the private sector—impairs the public’s ability to assess whether government is carefully managing its funds and can aff ect the public’s trust in government itself. We believe that the Legislature, the Governor, and voters should change these benefi ts—as well as the way in which governments and workers fund the benefi ts—in order to address these problems. Th ese changes will involve diffi cult, complex choices. In the end, however, we believe that such changes can result in the public becoming more comfortable with public retirement benefi ts. Th is, in turn, will help ensure that the state and local governments can continue off ering such benefi ts in the future. AN LAO REPORT 4 Legislative Analyst’s Offi ce www.lao.ca.gov 6-103 BACKGROUND: PUBLIC PENSION AND RETIREMENT BENEFITS TODAY A Complex System of Public Pensions Not Just One Pension System…But Many. During the fi rst half of the 20th Century, California began to implement a public policy to provide a comprehensive set of retirement benefi ts to its retired public employees. Public employees typically begin to accumulate rights to receive future benefi ts the moment that they are hired, and the longer that they work in the state or local government sector in the state, the more pension and other retirement benefi ts they accumulate. Th is policy continues today. Today, pension and retiree health benefi ts for California’s public employees are determined in a largely decentralized fashion. Th is means that employees of the state, the public universities, school districts, community college districts, cities, counties, special districts, and other local govern- ments earn a variety of diff erent pension and retiree health benefi ts during their careers. As such, any eff ort to modify pension and retiree health benefi ts for public employees will prove complex, dealing as it may with a variety of diff erent governments, benefi t plans, and pension systems. A Variety of “Defi ned Benefi t” Pension Plans. California has both statewide and local public pension plans that off er defi ned benefi ts. Defi ned benefi t pensions provide a specifi c amount aft er retirement that is generally based on an employee’s age at retirement, years of service, salary at or near the end of his or her career, and type of work assignment (for instance, public safety or non-public safety work assignment). In total, about four million Californians—11 percent of the population—are members of one or more of the state’s 85 defi ned benefi t public pension systems. Th is four million fi gure includes about one million people who now receive benefi t payments and around 700,000 “inactive” members—that is, individuals who were once, but are not currently, public employees and who do not yet receive pension benefi ts. Th e two largest entities managing state and local pension systems in the state are the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS). Combined, these two statewide systems serve 3.1 million active and inactive members, including around 750,000 members and benefi ciaries now receiving benefi t payments. While both CalPERS and CalSTRS operate pursuant to state law, they are very diff erent. Members of CalPERS include current and past employees of state government and California State University (CSU), as well as judges and classifi ed (nonteacher) public school employees. In addition, hundreds of local governmental entities (including some cities, counties, special districts, and county offi ces of education) choose to contract with CalPERS to provide pension benefi ts for their employees. Local governments can choose from a variety of plan options in CalPERS, as allowed in the state’s Public Employees’ Retirement Law. Governmental employers make contributions to their current and past employees’ pension benefi ts, as in most cases, do public employees themselves. Each employer generally is responsible for its own employees’ costs in CalPERS, meaning that the state does not directly contribute to CalPERS to cover pension costs for local government employees. (Local governments, however, oft en do use a portion of various funding streams they receive from the state government to pay a part of their own pension costs.) AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 56-104 Diff erent governmental entities in CalPERS have a variety of pension contribution arrange- ments with their employee groups, meaning that some employees pay more or less than other, similarly situated employees of other governmental entities. In practice, various elements of CalPERS benefi ts—benefi t amounts and employee contribu- tions—now are determined in collective bargaining with unions that represent rank-and-fi le state and local government employees. Compared to CalPERS, CalSTRS off ers an entirely diff erent—oft en less generous—set of benefi ts to teachers and administrators of California’s public school and community college districts. Benefi ts off ered by CalSTRS, as well as required payments by employees, districts, and the state, are specifi ed on a statewide basis in the state’s Education Code—that is, they apply on a generally equal basis to all districts. As such, CalSTRS benefi ts generally are not determined through collective bargaining. Unlike many CalPERS members, CalSTRS members generally do not participate in Social Security. In addition to CalPERS and CalSTRS, about 80 other defi ned benefi t state and local pension systems (such as the University of California Retirement Plan [UCRP], the Los Angeles County Employees Retirement Association, and the Los Angeles City Employees’ Retirement System) serve about one million other Californians, including about 300,000 who currently receive benefi t payments. County pension plans generally are governed by the state’s County Employees Retirement Law of 1937 (known as the “1937 Act”). Benefi ts and employee and employer contributions in these various other plans can vary widely—typically, subject to negotiation with rank-and-fi le employee unions. “Defi ned Contribution” Plans Also Now in Place for Some Public Employees. Many public employees currently are enrolled in defi ned contribution plans, which are intended to supplement their defi ned benefi t pensions aft er they retire. Defi ned contribution plans include 401(k), 403(b), and 457 plans in which the rate of contri- bution by the employer is fi xed, sometimes serving in practice as a “match” to amounts deposited to those funds by employees. Accordingly, an employee’s defi ned contribution plan benefi ts equal what amount the accumulated employee and employer contributions can provide at retirement, plus investment earnings. Unlike defi ned benefi t plans, therefore, defi ned contribution plans do not promise a specifi c amount to be paid to the retiree each month or each year. Some governmental entities manage defi ned contribution plans, oft en in conjunction with private-sector investment managers. For example, state employees can enroll in defi ned contributions plans managed by the Savings Plus Program of the Department of Personnel Administration (DPA). Some teachers also enroll in CalSTRS’ Pension2 supplemental savings plan. A variety of other public and private defi ned contribution plans serve California’s local governments and school districts. Social Security. Social Security—established in the 1930s—initially did not provide benefi ts to public employees, but in the 1950s, the federal government approved amendments to the Social Security Act to allow states to enter into agree- ments with the Social Security Administration to provide such benefi ts to their public employees. Over time, Congress has added to these require- ments, essentially mandating Social Security for specifi ed public employees not covered by a qualifi ed public pension plan. It has been estimated that only about one-half of California’s public employees participate in the federal Social Security program. Teachers and most public safety offi cers, including corrections offi cers, police, and fi refi ghters, generally are not enrolled in Social Security. Th ere are a variety of reasons AN LAO REPORT 6 Legislative Analyst’s Offi ce www.lao.ca.gov 6-105 why this is so. Public safety offi cers generally are eligible for retirements at earlier ages than envisioned under Social Security’s benefi t formulas. Moreover, it is expensive for a government to initiate enrollment of its employees into Social Security without, at the same time, enacting reduc- tions in its other pension benefi ts. While there has been some discussion over the years at the federal level of requiring all state and local employees to be enrolled in Social Security, this proposal has not been accepted to date, in part because of the cost pressures for state and local governments that would be aff ected. Generally speaking, employees and employers in Social Security each contribute 6.2 percent of pay— up to the Social Security earnings cap (now $106,800 per year)—to the federal government in the form of Social Security payroll taxes. (Congress reduced employee payroll taxes in 2011 to help stimulate the economy.) Th e federal government essentially uses these funds—in addition to amounts paid from the federal government’s general fund—to pay Social Security benefi ts to current retirees. (Th is means that Social Security benefi ts—unlike state and local pension benefi ts—are paid on a “pay-as-you- go” basis, essentially making Social Security a social insurance system, rather than a pension system, as we think of it here in California.) Over time, as baby boomers age and the ratio of workers to retirees in the United States falls further, the federal general fund will have to pay more and more to cover the cost of Social Security benefi ts. For this reason, in the future it is likely that Congress will have to enact revenue increases and/or benefi t reductions in order to keep the federal budget on a sustainable path. For individuals born between 1943 and 1954, the Social Security “normal retirement age”—at which full Social Security benefi ts can be received—is now 66. For individuals born in the years 1955 through 1959, the Social Security normal retirement age is somewhere between age 66 and 67, as specifi ed in law. For individuals born in 1960 and aft er, the Social Security normal retirement age is 67. (Individuals generally can receive reduced benefi ts if they retire earlier than the normal retirement age, provided that they are at least 62.) Even More Variety for Retiree Health Benefi ts Medicare. Medicare is a federal health program that covers individuals age 65 and older. It was established in 1965 and has long enrolled many state and local government employees. State and local government employees hired or rehired aft er March 31, 1986, are subject to mandatory coverage by Medicare. Employers and employees each currently pay a 1.45 percent tax on earnings to cover part of Medicare program costs, which consist of Part A (hospital insurance), Part B (outpatient medical insurance), Part C (Medicare Advantage plans), and Part D (prescription drug insurance). Individuals are eligible for premium- free Medicare Part A if they are age 65 or older and worked for at least 10 years (40 quarters) in Social Security and/or Medicare-covered employment. Accordingly, Medicare is now the core element of retiree health coverage for both public and private retirees in the United States. In many public pension plans, including CalPERS, Medicare-eligible retirees generally must enroll in Part B benefi ts at age 65 (or earlier, if they are qualifi ed due to a disability). In 2011, Medicare Part B premiums typically have been around $100 per month. Retiree Health Programs of State and Local Governments. While Medicare is now the core component of retiree health coverage for state and local workers, there is much variety among state and local governments in the area of retiree health care. Many local governments—especially school districts—off er virtually no retiree health care benefi ts. Th e state and many other local govern- ments, however, off er a range of retiree health AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 76-106 benefi ts that vary from small to expansive. Of these governments, many, including the state, provide health benefi ts to pre-Medicare retirees, and others—also including the state—off er Medicare supplement plans to retirees aft er age 65. Retiree health benefi ts have been subject to extreme cost pressures in recent years due to the general growth of health care expenses, a rise in the number of retirees drawing the benefi ts, and costs resulting from growing unfunded liabilities, which are discussed below. For Many Career Employees, a Generous Set of Benefi ts As described above, there is considerable variety among California’s public retirement systems. As such, it is diffi cult to generalize about the specifi c benefi t packages provided to public workers and retirees today. Moreover, there have been numerous changes to benefi ts in recent years—some enacted through legislation and others negotiated at the bargaining table. In the late 1990s and early 2000s, a wave of benefi t enhancements— most notably, those related to Chapter 555, Statutes of 1999 (SB 400, Ortiz)—aff ected benefi ts for state and many local employees. More recently, governmental budget problems, combined with growing public concern about retirement benefi t costs, have resulted in a wave of benefi t reductions—particularly for future employees—and employee contribution increases. Th ese have aff ected most state employee groups, as well as some local employee groups. Replacement Ratio: Less Income Generally Needed in Retirement. A person’s income needs generally are less in retirement than when working. Th is is because clothing and daily travel expenses decline, home mortgages may be paid off at this point in life, and retirees may be in a lower tax bracket than when working. As a result, retirees typically need less income to maintain the same standard of living as when they worked. Th e percentage of income a person has in retirement compared to his working income prior to retirement is called the “replacement ratio” or “replacement rate” by retirement experts. When pension benefi ts are compared to each other, it is typically this replacement ratio that is being compared. When we speak of pension benefi ts being “generous,” we mean that they provide a relatively high replacement ratio compared to other benefi t plans in the public and/or private sectors. In 2005, a publication of Boston College’s Center for Retirement Research said, “Overall, the range of studies that have examined [the] issue consistently fi nds that middle class people need between 65 percent and 75 percent of their pre-retirement earnings to maintain their lifestyle when they stop working.” Th is paper indicated “that the majority of households retiring today are in pretty good shape,” with about two-thirds of households then in that 65 percent to 75 percent replacement ratio range. Th e paper, however, suggested that “the coming way of baby boom retirees…will see lower replacement rates from Social Security and less certain income from employer pensions.” Similar to the 2005 study, a 2010 U.S. Census Bureau paper found that replacement rates for the median individual—as of 2004—was between 66 percent and 75 percent of pre-retirement income. State and Local Government Benefi ts (Not Including Teachers). In our 2005 publication, Th e 2005-06 Budget: Perspectives and Issues (see page 132), we compared state “miscellaneous” (non-public safety) pensions then in place with those of 15 other states. Of the states we surveyed, California off ered the highest retirement benefi ts. We also discussed the generous nature of public safety pension benefi ts and local government benefi ts then in place. AN LAO REPORT 8 Legislative Analyst’s Offi ce www.lao.ca.gov 6-107 Since 2005, the state and some local govern- ments have enacted pension benefi t changes— particularly for new employees hired aft er a given date—and increased employee contributions, oft en through negotiation with rank-and-fi le union representatives. Nevertheless, some local governments have continued to off er particularly generous pension benefi ts, including “2.5 percent at 55,” “2.7 percent at 55” and “3 percent at 60” for miscellaneous employees, as well as “3 percent at 50” benefi ts for public safety employees. In pension parlance, for example, 2.5 percent at 55 means—in simplifi ed terms—that a retiree can receive a benefi t equal to 2.5 percent (the benefi t factor or multiplier) of his or her fi nal compensation multi- plied by the number of years of service if retiring at 55. Lesser benefi ts are available if they retire earlier than 55, and higher benefi ts may be available in a formula if a person retires aft er the age indicated in the formula. As we suggested in our 2005 report, these kinds of generous benefi t levels result in some career public service workers receiving pension benefi ts above—and in some cases, well above—the 65 percent to 75 percent replacement ratio described above, particularly when Social Security and other sources of retirement income are considered. While the state and some other public entities have negotiated with employees for reductions in these generous benefi t formulas, CalPERS’ most recent annual report shows that a few governments were still switching to some of these particularly costly benefi t packages as recently as 2009-10. Th e most recent version of a public pension comparison report prepared periodically by the Wisconsin Legislative Council indicates that, for public employees in Social Security, pension benefi t “multipliers” of 2.1 percent or higher are rare—available for only 7 percent of surveyed plans. Th e report found that, among comparable plans, the average pension benefi t multiplier was 1.94 percent. For pension plans serving public employees not in Social Security, the report found the average benefi t multiplier was 2.3 percent. We believe that the data shows that defi ned pension benefi ts off ered to California’s state, city, county, and special district employees have been among the most generous in the country in recent years. While there have been some reductions in these benefi ts recently, some California govern- ments still off er among the most generous defi ned pension benefi ts available anywhere in the United States public or private labor market today. In many cases, California public pension benefi ts for career public employees—coupled with other sources of retirement income—can replace far more than the 65 percent to 75 percent income replacement ratio described earlier. Teachers. Several reports have indicated that teachers enrolled in CalSTRS receive less generous benefi ts than other kinds of public employees in California. In 2009, CalSTRS staff presented to the Teachers’ Retirement Board a study examining replacement ratios for teachers under CalSTRS benefi t formulas that were to be in eff ect in 2011. Th e CalSTRS report found that the median CalSTRS retiree as of 2011 (retiring aft er 29 years of service) would have a retirement income replacement ratio of 78 percent. Th is consisted of a CalSTRS defi ned benefi t of $3,914 per month, a defi ned benefi t supplement program payment of $93 per month, and a supplemental annuity payment from a defi ned contribution plan of $613 per month. (Th is defi ned contribution component represented about 13 percent of the total assumed retirement income for the median CalSTRS retiree.) Th e study assumed that the median CalSTRS retiree invested $100 per month over a 25-year career in a defi ned contribution account. In addition to considering the median CalSTRS retiree, the study also showed AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 96-108 replacement ratios for CalSTRS retirees at the 25th and 75th percentiles of income, respectively. Th e replacement ratio for the 25th percentile retiree (retiring aft er 18 years of service) was 42 percent, while the replacement ratio for the 75th percentile retiree (retiring aft er 35 years of service) was 103 percent. Th e report said that teachers retiring without employer-subsidized health coverage would need more income to maintain a suitable replacement ratio. Specifi cally, it listed a “recom- mended replacement ratio” of around 77 percent of fi nal compensation for those retired teachers with health care benefi ts and around 89 percent for those without health care benefi ts. Retirees With Benefi ts of $100,000 Per Year or More. In recent years, there has been considerable public attention related to retired California public employees receiving annual pension benefi ts of $100,000 or more. Th ese individuals are a small, but growing, segment of California’s public sector retirees. About 2 percent of CalPERS and CalSTRS retirees currently receive such payments. Payments to these retirees now equal around 7 percent to 9 percent of total pension payments from the two systems. During their working lives, these retirees generally were among the longest-serving and highest-paid public employees—for example, senior executives and managers of some state and local agencies, school districts, and community colleges, as well as some employees in public safety agencies. Th e percentage of CalPERS, CalSTRS, and other public retirees receiving pension benefi ts of over $100,000 per year will grow in the future for several reasons. Th ese reasons include the eff ects of infl ation (which tends to increase all employees’ pay and pension benefi ts over time) and the eff ects of increased pension benefi t provisions put in place in the late 1990s and early 2000s. Beyond the group of retirees receiving payments of $100,000 or more per year, many public retirement systems can expect to see the percentage of their retirees with higher pension benefi ts—and the amounts of those benefi ts—grow for these same reasons. Th is trend is already apparent in data provided by the pension systems. In its fi nancial reports, for example, CalPERS publishes statistics on the characteristics of employees retiring in each fi scal year. In 2003-04, 4,831 people retired with 30 or more years of service, and this group retired with an average monthly pension of $4,553 (equating to $54,636 per year). In 2008-09, there were 5,801 retirees with 30 or more years of service, and they had an average monthly pension of $5,569 ($66,828 per year)—up 22 percent in non-infl ation adjusted terms compared to the initial benefi t of the 2003-04 retiree group. Growth in monthly pension benefi ts was even greater in percentage terms during this period for employees retiring with 10 to 30 years of service. For retirees with 25 to 30 years of service for example, the average initial pension grew from $3,308 per month ($39,696 per year) for 2003-04 retirees to $4,432 per month ($53,184 per year) for 2008-09 retirees—up 34 percent in non-infl ation adjusted terms. Th is data from CalPERS’ annual report suggests that while the average pension benefi t for all CalPERS retirees (including those who retired decades ago) is around $25,000 per year, such average retirees are not responsible for the bulk of benefi ts that CalPERS will pay out in the future. For public employees who retired in 2008-09, the newest retiree group for which data is available, it appears that around 60 percent of CalPERS benefi t costs are being paid to retirees with 25 or more years of service. Th e average annual benefi t for this group is somewhere between $53,000 and $66,000—over double the amount paid to the average retiree in the system. For those 2008-09 retirees with 25 to 30 years of service, their monthly defi ned benefi t pension is replacing an average 67 percent of their fi nal career compensation; for AN LAO REPORT 10 Legislative Analyst’s Offi ce www.lao.ca.gov 6-109 those retirees with 30 or more years of service, the monthly defi ned benefi t pension is replacing an average 79 percent of their fi nal career compen- sation. Some of these retirees also receive Social Security benefi ts, and some also have defi ned contribution savings, which would increase their replacement ratios further. Over time, retirees like the 2008-09 cohort will become more of the norm in CalPERS and other public pension systems. Tendency to Defer Costs to Future Generations Unfunded Pension Liabilities. A troubling trend of California’s state and local public pension systems has been the growth of substantial unfunded actuarial accrued liabilities (UAAL). Put in very simple terms, an unfunded liability is the amount that would need to be invested into a public pension plan today such that, when coupled with amounts already deposited in the fund plus assumed future investment earnings, all benefi ts earned to date by public employees would be funded upon their retirement. While there is some disagreement on how to value unfunded liabilities of pension systems, it is clear that California’s state and local systems are coping with very large short- falls. Th ese shortfalls will push costs upward— above what they otherwise might be—for years to come, in some cases. As of June 30, 2009, CalPERS reported that its UAAL in its main pension fund for state and local governments was over $49 billion—consisting of about $23 billion for the state and $26 billion for other public agencies. Because the UAAL uses data that “smoothes” investment gains and losses over extraordinarily long periods of time, CalPERS tends to communicate its funded status by another, more volatile measure that relies on the market value of its investments at any given time. By this measure, CalPERS’ main pension fund was 61 percent funded with a $115 billion unfunded liability, split between the state and other public agencies. In 2009-10, buoyed by favorable investment performance, CalPERS reports that its funded status improved somewhat—to around 65 percent when measured based on the market value of assets. Fiscal year 2010-11 saw even more favorable investment returns. Unlike CalPERS, but like most other pension systems, CalSTRS recognizes investment gains and losses in its actuarial valuations over a multiyear period. Due to the near-collapse of world fi nancial markets in 2008, CalSTRS and other pension systems sustained heavy losses, and the continued recognition of those losses is the major driver of the system’s growing reported UAAL. Th e most recent CalSTRS valuation indicates the system’s UAAL grew from $40.5 billion as of the 2009 valuation to just over $56 billion as of June 30, 2010. Th is means that CalSTRS’ reported funded ratio dropped from 78 percent as of the 2009 valuation to 71 percent in the June 30, 2010 valuation. Pension systems in California and elsewhere reported growth in their UAALs aft er the 2008 market collapse and then experienced a recovery in their funded status during the relatively strong investment markets of 2009-10 and 2010-11. Th ese trends illustrate a primary reason that unfunded liabilities emerge: weaker-than-expected investment returns. Lower-than-expected investment returns have been a primary reason for growth of unfunded pension liabilities in the last decade. Such investment weakness—relative to some pension systems’ assumption of 7.5 percent to 8 percent investment return per year—has given fuel to critics, who believe that these assumptions are imprudent and understate costs that govern- ments and employees should contribute for a given set of benefi ts. Other reasons for unfunded liabilities include benefi t increases that are implemented retroactively (that is, applied to previous years of service before the benefi t enhancement is implemented) and AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 116-110 demographic and pay changes among employees and retirees. If retirees live longer than expected by plan actuaries, unfunded liabilities can result. If employees are paid more than expected during their career relative to assumptions of plan actuaries, this also can contribute to unfunded liabilities. Unfunded Retiree Health Liabilities. For many governments, the size of unfunded retiree health liabilities has rivaled or exceeded their unfunded pension liabilities. In contrast to pensions, govern- ments typically have not “pre-funded” their retiree health liabilities. In other words, they generally have never set aside funds—or required employees to do so—to cover the future costs of retiree health benefi ts earned during their working lives. Th is means that future taxpayers may bear a larger cost burden for these benefi ts. Unlike pensions, there are no investment returns under this type of funding structure to cover a large portion of benefi t costs. While a small portion of governments have begun to pay down their unfunded retiree health liabilities, such liabilities will remain a pressing burden for many California public entities as the decades progress. Th e state government’s unfunded retiree health liabilities alone total about $60 billion, as of June 30, 2010, according to the State Controller’s Offi ce. A report released by a commission in early 2008 estimated that all public entities in the state had a combined retiree health unfunded liability of over $118 billion as of that time; that total probably has grown since then. Unfunded Liabilities and Growing Benefi ts Have Increased Costs. Increased benefi ts and the emergence of large unfunded liabilities have increased pension and retiree health costs for many California governments in recent years. In Figure 1, we show the trend of increasing state General Fund costs for retirement benefi ts in nominal dollars. A major reason for the magnitude of recent growth in state costs is the fact that public employers generally benefi ted from “pension holidays” in the late 1990s and early 2000s due to the stock market bubble that temporarily resulted in systems like CalPERS being fully funded or close to it. Figure 2 shows the contribution rates paid by the state as a percentage of pay for several key employee groups. (While state contributions as a percentage of pay were slightly higher in 1980—before the period covered in Figure 2—that period is not directly comparable to the present day since CalPERS at State Retirement Costs Have Been Growing General Fund (In Billions) Figure 1 1 2 3 4 5 $6 1990-91 1993-94 1996-97 1999-00 2002-03 2005-06 2008-09 2011-12 CalSTRS CalPERS Retirement Programsa CalPERS Retiree Health Programb Other aAmount for 1997-98 includes an over $1 billion state payment related to a major court case involving CalPERS. bIncludes the budget item for these costs and LAO estimate of the General Fund share of the implicit subsidy for annuitant benefits that is paid along with employees’ health premiums. AN LAO REPORT 12 Legislative Analyst’s Offi ce www.lao.ca.gov 6-111 that time invested primarily in fi xed-income bond instruments and assumed an annual investment return of only 6.5 percent. Infl exible Benefi ts, Infl exible Costs Strict Legal Limits on Changing Benefi ts and Reducing Government Costs. In our view, perhaps the most signifi cant retirement benefi t challenge facing California governments is that there is very little fl exibility for governmental employers under decades of case law that are extremely protective of employee and retiree pension rights. In California, pension benefi ts for public employees are an element of a public employee’s compensation. He or she begins to accumulate pension rights at the moment of hiring, and these benefi ts accumulate throughout a public service career. Th ere is a detailed case law in the state that protects these benefi ts as contracts under the State and U.S. Constitutions. Pension benefi t packages, once promised to an employee, generally cannot be reduced—either retrospectively or prospectively—without a government’s off ering comparable and off setting advantages (which, themselves, can be quite expensive). Th e case law suggests that governments do have some power to alter benefi ts when they face emergency situations, but these powers are very limited, and govern- ments, according to case law, generally will have to alter benefi ts temporarily, with interest accruing to employees and retirees in the meantime. In some cases, local governments may be able to alter contracts when they seek protection under Chapter 9 of the U.S. Bankruptcy Code. Negotiations Can Help, but Unions Must Represent Th eir Members. In general, the primary way that the state and local governments can change pension benefi ts for current and past employees is to negotiate with employee groups. As discussed above, the state and some local govern- ments have successfully reduced pension costs recently through such negotiations. Th e challenge with this approach, however, is that unions have an obligation to represent their members, and so, in State Retirement Contribution Rates Have Increased As Percent of Payroll by Retirement Category Figure 2 Miscellaneous Tier 1 Correctional Officer and Firefighter California Highway Patrol Officers 5 10 15 20 25 30 35 40% 1990-91 1992-93 1994-95 1996-97 1998-99 2000-01 2002-03 2004-05 2006-07 2008-09 2010-11 AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 136-112 exchange for pension concessions, they generally will be duty bound to seek comparable, off setting benefi ts for their members. For example, many of the recent state employee agreements that increased employee contributions to their pensions included future pay increases roughly equivalent to the increase in the employee pension contributions. Th is is understandable, given the history of the state’s benefi t commitments and the obligations of unions to represent their members, but it limits governments to an extent from achieving lasting cost savings for current and past employees through the negotiation process. For Future Employees, Government Can Alter Pension and Retiree Health Benefi ts. While governments have very little fl exibility with regard to current and past employees’ retirement benefi ts, it is clear that they may change benefi t promises prospectively for future hires without limit. Disparity Between Public and Private Retirement Benefi ts Underlying the real policy and fi scal problems of current public retirement systems is a sharp divide between public-sector and private-sector workers. Public-sector workers have guaranteed, defi ned- benefi t pension plans, and many, but not all, of them have retiree health plans too. Private-sector workers by and large have none of these things anymore. Th e Governor’s proposal, in essence, aims to reduce this substantial disparity. The Governor released his 12-point pension plan on October 27, 2011. In addition to making remarks at a press conference, the Governor released a short description of the goals of his plan. While some of the elements of the plan have been included in prior legislative vehicles (and the Governor released language for similar proposals on March 31), our review below is based primarily on the Governor’s pension handout from October 27 and his press conference, as well as subsequent contacts with administration staff concerning the plan. Draft legislative language to implement the Governor’s proposals would need to fill in many details absent from his October 27 presentation. Below, we will review each of the 12 points in turn, providing, in some cases, some background information, a description of the Governor’s proposal, and our initial comments. EQUAL SHARING OF PENSION COSTS Background Normal Cost and Unfunded Liability Contributions. Contributions to pension plans from employers and employees consist of two main components: (1) “normal cost” contributions, which generally are equal to the amount actuaries estimate is necessary—combined with assumed future investment returns—to pay the cost of future pension benefi ts that current employees earn in that year and (2) contributions to retire unfunded liabilities. For example, CalPERS estimates that the normal cost for state Miscellaneous Tier 1 workers (such as state offi ce workers and most CSU employees) is now 14.4 percent of their payroll. In addition, the annual cost to retire unfunded liabil- ities for Miscellaneous Tier 1 workers—plus some related benefi t costs—equals 10.4 percent of payroll, for a total required contribution of 24.8 percent of payroll. For CalPERS’ state Peace Offi cer and Firefi ghter workers (principally state correctional GOVERNOR’S 12-POINT PLAN AN LAO REPORT 14 Legislative Analyst’s Offi ce www.lao.ca.gov 6-113 offi cers), the normal cost is now 25.4 percent of their payroll, and the annual cost to retire unfunded liabilities is 11.3 percent of payroll, for a total required contribution of 36.7 percent of payroll. Most State Workers Pay One-Half of Normal Costs and One-Th ird of Total Costs. Following the recent agreements of state employee unions to increase their employees’ contributions to CalPERS, over 70 percent of Miscellaneous Tier 1 workers contribute approximately 8 percent or more of monthly pay to cover pension costs. Th is 8 percent exceeds 50 percent of the normal cost contributions for these employees, but, for most, represents only about one-third of the total required contribution, including both normal costs and unfunded liability contributions. In the state Peace Offi cer and Firefi ghter group, about 80 percent of workers now contribute about 11 percent of their monthly pay to cover pension costs. Th is represents just under one-half of the normal cost contributions for these employees, but less than one-third of the total required contribution. With Fixed Employee Contributions, Employers Cover Any Cost Changes. In current law and most employee contracts, employee contributions to their pensions generally are fi xed. Th is means that the portion of the total required contribution not paid by workers generally is paid by the public employer— in this example, the state. While normal costs tend to remain fairly stable over time, assuming no changes in the pension benefi t structure, unfunded liabilities can change markedly from year to year due mainly to upturns and downturns in the investment markets. Since employee contributions generally are fi xed in labor agreements or state or local law, this means that the public employer can experience signifi cant increases in total required contributions as unfunded liabilities increase and signifi cant decreases in total required contributions when those liabilities drop. Public Employee Contributions Vary. Like the state, some local public employers recently have negotiated with their unions to increase employee contributions to local pension plans. As the Governor points out, however, there remains a wide disparity among public employers in what portion of normal costs and total required contributions is borne by public employees themselves. In some cases, public employees make no such contribu- tions. Various laws, agreements, and precedents allow some employers to pay a portion of their employees’ contributions to pension plans. In many cases, such a payment merely substitutes for pay the employers otherwise might choose to give to employees, but it means that some employees may see no real costs for their pension benefi ts when reviewing their pay stubs. Th ere is concern among some that many of these public employees view their substantial pension as a sort of “free good.” Proposal Equal Sharing of Normal Costs, but Unclear If Sharing Would Apply to Other Costs. Th e Governor’s plan proposes that all current and future public employees be required to pay at least 50 percent of the normal costs of their defi ned pension benefi ts. Th is seemingly would mean that there would be no more employer payments of required employee pension contributions. Th is requirement would be phased in “at a pace that takes into account current contribution levels, current contracts and the collective bargaining process”—apparently, over several years. Th e Governor’s proposal explicitly addresses only the employee share of normal costs and is unclear as to whether the 50 percent requirement also would apply to unfunded liability contri- butions. It is also unclear if the 50 percent requirement would apply to defi ned contribution fund deposits (which also can be split 50/50 between employers and employees, in theory). Governor Says Th is Provides “Real Near-Term Savings.” By applying the increased employee AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 156-114 payment requirement to both current and future public employees, the Governor states that this change would provide near-term cost relief for some public employers, since increased employee contributions would reduce contributions that public employers otherwise would have to make. LAO Comments Governor’s Proposal a Good Start in Th is Area. We agree with the Governor that future public employees should be required to pay for a portion of pension contributions. We believe it would enhance public confi dence in state and local retirement systems for there to be a clear, unambiguous statewide policy in this area. Th ere is no single correct percentage of total required contributions that employees should be required to pay, but 50 percent is a reasonable starting point for the discussion. Important for Employees to Share in Unfunded Liability Costs Too. We urge the Legislature to require that future public employees bear a portion of not only pension normal costs, but also unfunded liability contributions. When public employers see their pension contributions go up due to a downturn in the stock market or similar reasons, employees should see their contributions rise as well. Similarly, when public employers see their pension contributions drop due to stock market upticks, employees should benefit from a reduction in their contributions. Like many others, we are concerned that public retirement boards make excessively optimistic assumptions concerning future investment returns. We believe that requiring public employees to bear a portion of the cost (or benefit from a portion of the savings) when these assumptions prove inaccurate will incen- tivize retirement boards to make more prudent investment assumptions. Moreover, requiring employees to bear a portion of unfunded liability costs would reduce the year-to-year volatility of government contributions to pensions. In effect, this change would transfer a portion of this volatility risk from employers (who now generally pay all increases due to unfunded liabilities) to employees. Case Law: Possible for Some Current Employees, but Probably Not for Many Others. At his press conference announcing the proposal, the Governor said his proposal addressed “existing employees by increasing their contri- bution rate.” He added, “One thing we know for sure: under constitutional law, the employer can require higher contributions.” We do not share the Governor’s belief that existing constitutional law clearly allows the state to require current public employees to contribute more to pensions. To the contrary, such a proposal seems to run counter to existing constitutional protections in case law that may protect many current and past public employees. In the nearby box (see page 18), we summarize the case and statutory law in this area, which suggests that it might be possible to increase contributions for some current employees, but not for others. For many current employees, such contribution increases probably could be imple- mented only through negotiations, and in any event, would result in many employers increasing pay or other compensation to offset the financial effect of the higher pension contributions. Since increasing current employees’ contributions is one of the only ways to substantially decrease employer pension costs in the short run, the legal and practical challenges that we describe mean that the Governor’s plan may fail in its goal to deliver noticeable short-term cost savings for many public employers. AN LAO REPORT 16 Legislative Analyst’s Offi ce www.lao.ca.gov 6-115 HYBRID PENSION PLAN FOR FUTURE EMPLOYEES Background “Hybrid” pension plans generally combine a defi ned benefi t pension with a defi ned contri- bution retirement savings plan. Accordingly, it is important to understand the characteristics of both such plans. Th e key diff erence between such plans is the handling of investment risk. In most defi ned benefi t plans, such as California’s state and local pension systems, employers bear almost all investment risk. Th is means that if investment returns of the systems over time are less than projected, public employer costs rise, but public employee costs do not change. By contrast, in defi ned contribution plans, an employer is obligated to make only a specifi c amount of contributions in the years that employees work. If investment returns are less than desired, the employer is not obligated to contribute anything more to a defi ned contribution plan. In defi ned contribution plans, therefore, employees and retirees generally bear all investment risk. Proposal Hybrid Plan for Future Public Employees. Th e Governor proposes that future public employees be enrolled in hybrid retirement plans. Details of the Governor’s idea are somewhat unclear, but he appears to envision employer and employee contributions to both defi ned benefi t and defi ned contribution plans, as well as employees’ participation in Social Security (except, presumably, for future teachers and most public safety workers). Th e Governor seems to propose that the state Department of Finance be empowered to design such hybrid plans based on the following general goals: • Non-Public Safety Employees. Th e hybrid plans would be based on employer and employee contribution schedules that would aim to produce a 75 percent replacement ratio for non-public safety employees assuming a 35-year public- sector career. Th e defi ned benefi t pension plan would be responsible for about one-third of the 75 percent replacement income, the defi ned contribution plan another one-third, and Social Security the fi nal one-third. For teachers and others not in Social Security, the defi ned benefi t would be responsible for two-thirds of the 75 percent replacement income, with defi ned contribution plans responsible for the remaining one-third. • Public Safety Employees. Th e hybrid plans would be based on employer and employee contribution schedules that would aim to produce a 75 percent replacement ratio for public safety employees assuming a 30-year public- sector career. For those employees not in Social Security, as with teachers, the defi ned benefi t would be responsible for two-thirds of the 75 percent replacement income, with defi ned contribution plans responsible for the remaining one-third. Benefi t “Cap” for High-Income Public Employees. Th e Governor’s plan also references a cap on the defi ned benefi t portion of the proposed hybrid plan requirement so that public employers do not face high costs for pension benefi ts of future high-income public workers. Such a cap might aff ect future public workers like the small, but growing, portion of current public pensioners who receive pension benefi t payments exceeding $100,000 per year. Th e Governor’s plan provides no detail on how such a cap might work. AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 176-116 Strict Legal Protections Limit Government’s Flexibility Our understanding of California’s detailed case law on public pensions over the last century is as follows: in order to have the fl exibility to unilaterally implement cost-saving reductions to the pensions of current and past employees, public employers need to have explicitly preserved their rights to make such changes either at the time of an employee’s hiring or in subsequent, mutually-agreed amendments to the pension arrangement. Otherwise, reductions for these employees and retirees require that comparable, off setting advantages be granted—advantages that tend to negate the pension savings. “Comparable New Advantages” Generally Required When Disadvantaging Employees. Th e 1955 California Supreme Court case, Allen v. Long Beach, is an important landmark in California pension law. Th e court ruled that “changes in a pension plan which result in disadvantage to employees should be accom- panied by comparable new advantages.” One of the pension amendments invalidated in Allen increased each employee’s pension contribution from 2 percent to 10 percent of salary. Th e Supreme Court, in fact, declared that this increased contribution requirement “obviously constitutes a substantial increase in the cost of pension protection to the employee without any corresponding increase in the amount of the benefi t payments he will be entitled to receive upon his retirement.” In Pasadena Police Offi cers Association v. City of Pasadena (1983), a state appellate court said the precedent in Allen meant that “where the employee’s contribution rate is a fi xed element of the pension system, the rate may not be increased unless the employee receives comparable new advantages for the increased contribution.” Th e appellate court added that while “an increase in an employee’s contribution rate operates prospectively only and in eff ect reduces future salary…in Allen the Supreme Court struck down such a change on the grounds that it modifi ed the system detrimentally to the employee without providing any comparable new advantages.” What About Changing Future Benefi t Accruals? Th e logic in the Allen and Pasadena Police Offi cers Association cases, among others, makes it very diffi cult to assume that state or local governments could unilaterally change the rate at which current employees accrue pension benefi ts for their future service, as has been suggested by various recent proposals. (Th e Governor does not make such a proposal.) In a 1982 case, Carman v. Alvord, the California Supreme Court noted that upon “entering public service an employee obtains a vested contractual right to earn a pension on terms substantially equivalent to those then off ered by the employer.” In the 1991 case concerning Proposition 140, the court considered that measure’s termination of then-incumbent legislators’ rights to earn future pension benefi ts through continued service. In that case, the court said the termination of the benefi t accrual rights for these legis- lators was a contract impairment and was unconstitutional under the U.S. Constitution’s contract clause because it infringed on their vested pension rights. (Proposition 140, it should be noted, did end pension benefi ts for legislators elected aft er its passage.) Furthermore, in the Pasadena Police Offi cers Association case, the appellate court noted that an employee “has a vested right not merely to preservation of benefi ts already earned…but also, by continuing to work until retirement eligibility, to earn the benefi ts, or their substantial equivalent, promised during his prior service.” Signifi cant Challenges to Mandating Th at Current Workers Contribute More. While the case law described above is protective of current and past public employees’ pension rights, it indicates that AN LAO REPORT 18 Legislative Analyst’s Offi ce www.lao.ca.gov 6-117 governments may be able to unilaterally (that is, outside of negotiations) change elements of the pension arrangement if they have explicitly preserved the right to do so. For example, in International Association of Firefi ghters, Local 145 v. City of San Diego (1983), the California Supreme Court ruled that a city could increase employee contribution rates pursuant to city charter and ordinance provisions that allowed it to do so. Accordingly, some public employers that have carefully preserved such rights could unilaterally implement increases in current workers’ pension contributions. We suspect that many local governments may not be in a good position to defend their ability to implement such increases. While several sections of the state’s CalPERS and 1937 Act laws purport to preserve the Legislature’s ability to increase certain CalPERS contribution rates or make clear that state law itself does not limit local governments’ ability to periodically increase, reduce, or eliminate their payments to off set required employee contributions, local governments—promising, as they do, a wide variety of retirement packages through dozens of retirement systems—may obligate themselves contractually. Even in a 2009 decision upholding San Diego’s ability to impose higher employee pension costs at a bargaining impasse, the Ninth Circuit federal appeals court distinguished between legislatively enacted reductions in employers’ payment of a share of employees’ required pension contributions (allowable, the court ruled) and legislatively imposed increases in the total amount of required employee pension contribu- tions themselves (implying the latter may be unallowable under contract law). Th e Ninth Circuit stressed that looking into a state or local legislative body’s intent was key to determining whether a retirement benefi t provision was contractually protected. Accordingly, some local governments may have intended to include low employee contributions as a part of their pension contract, while others may not. Th is muddled, uncertain legal framework seems to us inconsistent with the Governor’s claim that governments have broad legal ability to mandate current employee contribution increases. Furthermore, even if unilateral increases are permissible under contract law, they will directly or indirectly result in many governments having to pay more to employees in salaries or other forms of compensation in order to remain competitive in the labor market. For example, recent increases in most state employees’ contributions negotiated with rank-and-fi le employees were accompanied by future salary increases of similar amounts. Since increasing current employees’ contributions is one of the only ways to substantially decrease employer pension costs in the short run, these substantial legal and practical hurdles mean that the Governor’s plan may fail in its goal to deliver noticeable short-term cost savings to many public employers. Key Lesson From Case Law: Governments Should Be Clear About Th eir Pension Rights. Th e case law makes clear to us that governments oft en have not been clear about what aspects of pension and retiree health benefi ts and contributions—if any—they can change unilaterally in the future and which they cannot. For this reason, we have recommended that the Legislature require local governments to explicitly disclose to employees—preferably, on the day that they are hired—which aspects of pension and retiree health benefi ts and contributions the public entity can change unilaterally (that is, without negotiation) and which it cannot. If it chose to do so, the Legislature could require that such disclosures refl ect the results of collective bargaining and apply only to future employees . (Approval of such a requirement by voters may be necessary to avoid the state having to reimburse local governments for this disclosure mandate.) AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 196-118 LAO Comments Excellent Starting Point for Discussion. We previously have recommended that the Legislature take steps to ensure that future public workers are enrolled in hybrid plans. Th is can reduce substan- tially the risk of future unfunded pension liabilities by shift ing a signifi cant portion of the risk that public employers now bear for defi ned benefi t plans to defi ned contribution plans instead. In defi ned contribution plans, employers bear no risk for future investment returns, and unfunded liabilities for these plans are not possible. Major Policy Shift Would Make Public Employees More Like Private-Sector Workers. We believe that moving future public employees to hybrid plans would address a key policy concern relating to the current public employee pension system—the growing disparity between public- sector and private-sector employee retirement benefi ts and security. Moving to a hybrid plan would bring public employees’ retirement packages closer in line with those of their private-sector counterparts and serve to discourage future public employees from retiring as early as their predecessors do today. Finally, we believe that the Governor’s goal to have career public workers have a retirement income equal to about 75 percent of their career income makes sense and is in line with studies indicating the replacement ratio to preserve an employee’s lifestyle in retirement. (Th is is particularly true if the employee has supplemental employer-subsidized health coverage during retirement.) We discuss our concerns related to the proposed cap for high-income public workers later in this report. Also, as discussed immediately below, there appear to be discrepancies between this part of the Governor’s proposal and his proposal to increase future public employees’ retirement ages. INCREASED RETIREMENT AGES FOR FUTURE EMPLOYEES Background In California, public employee pension formulas oft en are referenced in a type of shorthand—such as 2 percent at 55—that implies there is a single “retirement age” (in this case, 55). Actually, current California public employees in this group are eligible to begin receiving service retirement benefi ts at age 50—although with a lower benefi t factor. In most cases, however, these employees work longer so that they can increase their retirement benefi ts through a higher factor. For example, in the 2 percent at 55 group for non-public safety state employees, employees can “max” out their factor at 2.5 percent at age 63. Even this, however, is not the “maximum retirement age,” as workers generally can continue to increase their benefi ts by working more years beyond age 63. As shown in Figure 3, in the state’s three largest public employee retirement systems, the average state or local employee retired at about age 60 as of 2009-10. Public safety employees tend to retire a few years earlier. Moreover, due to recent changes in benefi ts for newly hired state employees and some local employees, average retirement ages in many of the groups shown in the fi gure will tend to increase somewhat in the coming decades under current policies, even if the Governor’s proposal is not adopted. It is also worth noting that many retirees receiving benefi ts from public retirement systems also work in other jobs during their lifetime, including private-sector positions. Th ese partial career employees can receive relatively small pension benefi ts. Calculations of the average monthly or annual pension benefi ts paid by public pension systems oft en include these partial-career workers. If such workers were excluded from these AN LAO REPORT 20 Legislative Analyst’s Offi ce www.lao.ca.gov 6-119 calculations, average monthly benefi ts paid would be higher than shown by public pension systems in many cases, and average retirement ages shown in Figure 3 also could be aff ected. Proposal Work to a Later Age Would Be Required for Full Benefi ts. Th e Governor’s plan seemingly requires that all future public employees work to a later age to qualify for full retirement benefi ts. Th e Governor proposes that non-public safety pensions for future employees target a retirement age at 67 (the current Social Security retirement age for those workers). Future public safety workers would target a lower retirement age “commensurate with the ability of those employees to perform their jobs in a way that protects public safety.” (As discussed below, it is not clear exactly what the Governor means in this part of his proposal. Presumably, this would be addressed when the administration provides additional details about its plan.) Th e Governor points out that these changes would reduce signifi cantly both pension and retiree health costs for governments. In particular, employees would have fewer, if any, years between retirement and reaching the age of Medicare eligibility. Aft er the age of Medicare eligibility, a substantial portion of public-sector retiree health care costs shift to the federal govern- ment’s Medicare program. LAO Comments Increasing Average Retirement Ages Is Essential. Given increased longevity, we believe it is appropriate to increase retirement ages for future public employees. Failing to do so would risk a growing long-term fi scal burden for governments supporting pension programs, since future increases in longevity would then produce proportionate or greater increases in pension and retiree health benefi t costs. Th ere is no single right age to target, especially for public safety workers. It will be important, however, for the Legislature to set a specifi c policy for public safety workers rather than the nebulous one that the Governor’s proposal seems to suggest. Th e Legislature also may wish to consider whether the current age of minimum service retirement eligibility for most public employees— age 50—should be increased. Possible Confl ict With Other Parts of the Proposal. We are uncertain how the Governor’s retirement age proposal squares with other aspects of his proposal. Specifi cally, if future non-public safety workers are to work until age 67 to receive full retirement benefi ts, this suggests that a public employee entering government service right out of college or high school might have to work for Figure 3 Average Retirement Ages for Selected Public Employee Groups in 2009-10 Age California Public Employees’ Retirement Systema California Highway Patrol Offi cers 53 Local public safety offi cers 55 State correctional offi cers and fi refi ghters 60 Other state and local employeesb 60-61 California State Teachers’ Retirement Systema School district and community college teachers 62 University of California Retirement Plan Professional and support staff members 59 Academic faculty 63 a Includes service retirements only. Disability retirements, on average, occur 8 to 11 years earlier for CalPERS members and about 6 years earlier for CalSTRS members. b Includes state and local “miscellaneous” employees, such as government offi ce workers. CalPERS = California Public Employees’ Retirement System; CalSTRS = California State Teachers’ Retirement System. AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 216-120 over 40 years to receive such benefi ts. Yet, the Governor’s hybrid proposal envisions a 75 percent replacement ratio for such workers aft er only 35 years of government service. Accordingly, it is not clear how the Governor’s plan intends to mesh the key variables of the expected length of a working career, replacement ratios, and retirement age. LIMIT SPIKING FOR FUTURE EMPLOYEES Background Benefi ts for Many Still Based on Single Highest Year of Salary. Many current public employees are entitled to receive pension benefi ts based on their single highest year of government salary. As we discussed in our 2005 P&I report on public pensions, this single-year formula for deter- mining pension benefi ts is very rare among state and local employees in the United States; in fact, it is a feature of public pensions in California and almost nowhere else. In recent years, the state and some local governments have moved to change the single-year formula for newly hired employees by instead calculating their pension benefi ts based on their highest average annual compensation over a three- year period. Th is discourages pension “spiking,” which includes eff orts of employees to change jobs or receive increased pay during their fi nal one or two years of employment that increases their eventual pension benefi t by a large amount. Proposal Require “Th ree-Year Final Compensation” for Future Employees. Th e Governor proposes that all future public employees have their defi ned benefi t pensions calculated based on their highest average annual compensation over a three-year period. LAO Comments Broad Consensus for Th is Change. We previ- ously have recommended the Governor’s proposal. Th ere seems to be broad public consensus for this change, and it would be a small step to increase public confi dence in public employee pension systems. We caution, however, that, despite frequent headlines concerning pension spiking, this change probably would result in substantial pension cost savings for a relatively small group of future employees. It is not likely to result in signifi cant cost savings for governments. BASE BENEFITS ON REGULAR, RECURRING PAY Background Current Rules Can Result in Some Abuses. Th ere are some instances when public pensions reportedly are increased as a result of employees receiving additional pay from bonuses, unused vacation time, overtime, and other “perks.” Many pension systems, however, already prohibit such compensation items from being used to calculate fi nal compensation for purposes of pension benefi ts. Proposal Establish Uniform Rule to Prevent Abuses. Th e Governor proposes that all public defi ned benefi t pension systems prohibit these types of compen- sation items from being included in fi nal compen- sation used to determine annual pension benefi ts for future employees. LAO Comment Broad Consensus for Th is Change. We recommend passage of this proposal. Such a change, if rigorously enforced by all pension systems and employers, should help increase public confi dence in California’s state and local pension systems. AN LAO REPORT 22 Legislative Analyst’s Offi ce www.lao.ca.gov 6-121 Th is change, however, might lower costs for only a small percentage of future employees. Th is part of the proposal seems unlikely, therefore, to produce substantial pension cost savings for governments. LIMIT POST-RETIREMENT EMPLOYMENT FOR ALL EMPLOYEES Background Currently, Individuals Can Return to Public Sector Aft er Retirement. California governments oft en rely on “retired annuitants” and retired workers from other public employers to work part-time or full-time. Such retired workers can bring considerable expertise to public agencies. Some pension systems, such as CalPERS, limit retired members to working for only 960 hours per year for certain state and local agencies, and these retired annuitants’ services do not result in their accruing any additional retirement benefi ts. In other cases, an individual may be able to retire from one retirement system and work for an employer in a diff erent public retirement system, while accruing additional retirement credit in that second system. (Th is latter scenario probably occurs very infrequently.) Proposal Extending CalPERS Limits to All Public Employers. Th e Governor proposes to limit all current and future employees in their post-retirement work for California governments. Specifi cally, the Governor wants to limit all current and future employees from retiring from public service and working more than 960 hours per year for a public employer—essentially extending the CalPERS post-retirement employment rules to all public employees. Th e Governor also would prohibit all retired employees from earning retirement benefi ts for service on public boards and commissions. LAO Comments Important to Strike the Right Balance With Th ese Changes. While the Governor’s proposal in this area lacks some detail, it seems reasonable to us, in that it seems to strike the right balance on limitations on postretirement employment. In many cases, public employers can benefi t from the expertise of retired workers while saving money— paying them little or nothing in the way of benefi ts. (A full-time worker, by contrast, typically would receive substantial benefi ts that would add to his or her personnel costs.) We observe, however, that it will be very diffi cult for pension systems across the state to enforce this provision if it is indeed applied to limit a public retiree’s work for any state or local employer in the state. For example, it might be diffi cult for the Los Angeles County Employees Retirement Association to identify a newly hired, middle-aged employee who happened to be a retiree of, say, the UCRP. LIMIT FELONS’ RECEIPT OF PENSION BENEFITS Proposal Forfeit of Pension and Related Benefi ts. Th e Governor proposes that public offi cials and employees convicted of a felony in carrying out offi cial duties, in seeking elected or appointed offi ce, or in connection with obtaining salary or pension benefi ts forfeit their pension and related benefi ts. LAO Comments Proposal Raises Various Issues. Th e Legislature may want to explore certain issues regarding this proposal. For instance, it is unclear to us whether this type of change would be constitutional in all cases as applied to current and past public employees. For future public employees, however, the state clearly may impose such a forfeiture requirement. In addition, would such forfeiture be prospective only, or would repayments of some AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 236-122 or all previously paid pensions to retired felons be required? What if the felon cannot repay such costs? PROHIBIT RETROACTIVE PENSION INCREASES Background Contributor to Recent Unfunded Liability Increases. In recent years, many California govern- ments have retroactively applied pension benefi t increases to some or all employees’ prior years of service. Th is can mean, for instance, that an employee who worked nearly all of his career earning benefi ts based on one pension benefi t formula (for example, 2.5 percent at 55) was able to complete that career on a higher pension benefi t formula (such as 3 percent at 50). When the change is applied retroactively, that worker may earn a pension benefi t equal to 3 percent of his fi nal compensation multiplied by his years of service, even though both he and his employer made contributions throughout his working life based on a 2.5 percent benefi t factor. Accordingly, when that worker retires, the government is left with an unfunded liability to address in the coming decades. Proposal Ban Retroactive Benefi t Increases. Th e Governor proposes to ban future retroactive pension increases for all public employees. Prior retroactive increases are constitutionally protected and generally cannot be changed. LAO Comment An Important Change to Make. History suggests that, particularly at times when pension systems temporarily appear overfunded, retroactive benefi t increases can be very tempting for public employers and employees—essentially a kind of “free money” to provide to career public servants. Yet, as the Governor correctly points out, such free money generally will end up costing taxpayers, since pension systems rarely remain overfunded for long and unfunded liabilities almost always result from such retroactive benefi t grants. Moreover, retroactive grants oft en will play no role—or even a counterproductive role—in encouraging employee recruitment and retention. New recruits certainly do not benefi t from a higher pension benefi t applied to prior years of service. Valued career employees oft en will be incentivized to retire earlier than they otherwise would due to their ability to receive a higher retirement benefi t. Given the history of public employers in this area and the limited instances in which such retro- active benefi t grants would be of real value to public employers, we recommend that the Legislature approve this element of the Governor’s proposal. PROHIBIT PENSION HOLIDAYS Background A Relic of Past Boom Years in the Financial Markets. During the late 1990s and early 2000s, the “tech bubble” years in the stock market when public pension systems temporarily reported that they were overfunded, many public employers substantially reduced or entirely eliminated their annual pension contributions and, in some cases, public employee contributions were reduced as well. Th is is the key reason why state pension contribu- tions to CalPERS were so low in some years of the late 1990s, as shown in Figures 1 and 2. State contributions to CalSTRS’ defi ned benefi t program also were reduced during this period, contributing to CalSTRS’ recent funding problems. Proposal Limit Ability of Employers to Suspend Contributions. Th e Governor’s proposal would “prohibit all employers from suspending employer and/or employee contributions (related to both current and future public employees) necessary to fund annual pension costs.” AN LAO REPORT 24 Legislative Analyst’s Offi ce www.lao.ca.gov 6-123 LAO Comments Getting Details Right Is the Key. We agree that employers should be sharply limited in their ability to suspend regular employer or employee contributions. History tells us that such periods of overfunding oft en are fl eeting and may be based on temporary stock market bubbles. In 2008, the Public Employee Post-Employment Benefi ts Commission (PEBC) appointed by the prior Governor and legislative leaders agreed to a recommendation to restrict pension funding holidays. Th e PEBC recommended that employers be permitted to implement contribution holidays only based on the amortization of their surplus over a 30-year period. In other words, contribu- tions could fall to zero only in instances when the surplus is so great it can fund 30 full years of normal costs. We suggest that the Legislature use PEBC’s recommendation as a starting point in the discussion in this area. PROHIBIT AIRTIME PURCHASES Background Widely Available, but Very Diffi cult to Price. Pursuant to state legislation or other law, CalPERS and many other public pension systems have allowed certain eligible public employees to buy “airtime,” which is additional retirement service credit for years not actually worked. For example, a state employee can add fi ve years of service credit—and, accordingly, increased retirement benefi ts later—by paying a signifi cant sum of money to CalPERS. In theory, the public employee pays for the entire cost of this additional defi ned benefi t pension credit. In practice, however, airtime is nearly impossible to price accurately and, in the past, oft en has been priced far too low, which has resulted in the creation of a small portion of existing unfunded pension liabilities. Proposal Ban Airtime Purchases. Th e Governor proposes banning airtime purchases for current and future employees. Prior airtime purchases presumably would remain valid. LAO Comments Agree With Governor. In light of the diffi culty of pricing airtime accurately and its tendency to result in the creation of unfunded liabilities and higher taxpayer costs, we recommend that the Legislature approve this part of the Governor’s plan. CHANGE COMPOSITION OF PENSION BOARDS Background Proposition 162 Limits Ability to Change Pension Boards. California’s public retirement systems are governed by boards that generally consist of appointees of public offi cials and public employees and retirees elected by system members (or, in some cases, appointed by public offi cials). In 1992, Proposition 162—sponsored by public employee groups in response to eff orts of Governor Wilson and the Legislature to alter fi nancial arrangements relating to CalPERS— placed in the Constitution a limitation on the Legislature’s ability to change the composition of state and local public retirement systems. Accordingly, the Legislature generally may not alter the number, terms, method of selection, or method of removal of state or local pension board members. To do so, a vote of the electors of the jurisdiction aff ected by the pension board is required. For CalPERS, for example, a statewide vote is required to change board membership. Proposal Change CalPERS Board. Th e Governor proposes to add two public members with fi nancial expertise to the CalPERS board. Th ese board AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 256-124 members would be “independent,” in the sense that neither they, nor anyone in their family, may be a CalPERS member or have any material fi nancial interest in an entity that contracts with CalPERS. Th e Governor also would replace the current representative of the State Personnel Board (a quasi- independent state entity) that sits on the CalPERS board with the Director of Finance, a gubernatorial appointee. Th e Governor also apparently wants similar changes on other pension boards. LAO Comments No Issues With the Governor’s Proposal. We concur with the Governor that, ideally, more members of CalPERS and other pension boards would have signifi cant fi nancial expertise. We are unsure, however, whether this requirement would lead to that, since “fi nancial expertise” is a fairly subjective term that could be met in a variety of ways, some of which may not be particularly relevant to pension board membership. We also agree that, given the state’s role as CalPERS’ largest fi nancial contributor, it is appropriate for the Director of Finance to sit on the system’s board. Other state offi cials currently on the CalPERS board—the State Controller, the State Treasurer, and the Director of the DPA—each have only a limited role in the state budget process. Being the principal executive branch offi cial involved with the state budget process, the Director of Finance would be a valuable addition. REDUCE RETIREE HEALTH BENEFITS FOR FUTURE STATE EMPLOYEES Proposal Continues Eff ort to Increase Years of Service Required for Benefi ts. Th e Governor proposes that all future state employees be required to work for 15 years before they become eligible for any state subsidy for retiree health premiums. Th ese employees would be required to work for a full 25 years for the maximum state contribution to retiree health premiums. Many current employees must work only 20 years for this maximum contribution. Moreover, the Governor proposes to reduce the current maximum retiree health subsidy for state retirees. Th e “100/90 formula,” whereby the state contributes up to 100 percent of average employee health premium costs to retiree health benefi ts, seemingly would be reduced to something more akin to around 80 percent of average premium costs (more typical of the subsidy current state workers receive during their careers). Th e 100/90 formula, which therefore provides a greater health subsidy in retirement than many state workers received during their careers, was fi rst approved in 1978. LAO Comments Paired With Other Proposals, Potentially Huge Long-Term Cost Decrease. Combined with other proposals in the Governor’s package, which would encourage employees to retire later, this change could dramatically reduce long-term state retiree health costs below what they otherwise would be under current law. Moreover, by reducing retiree health subsidies to future workers in retirement, this change may encourage some workers to retire a bit later, thereby reinforcing other proposals in the Governor’s package. Th ere are many details of this proposal to work out, but, in general, we believe that changes of this type are reasonable. Th e Legislature also could consider basing future employees’ retiree health subsidies on Medicare supplement plan costs (rather than active employees’ average premium costs—the basis in current law) and changing all or a part of retiree health subsidies for future workers to defi ned contribution retiree health plans. In defi ned contribution retiree health plans, employees, rather than the employer, bear the risk of future investment returns and health care cost increases. AN LAO REPORT 26 Legislative Analyst’s Offi ce www.lao.ca.gov 6-125 What About Funding Retiree Health Liabilities? Governor Does Not Seem to Prioritize Addressing Retiree Health Funding Problems. Th e Governor’s plan does not seem to prioritize addressing the lack of prefunding of retiree health liabilities at either the state or local level. As we have noted in several prior publications—including Retiree Health Care: A Growing Cost for Government (2006) and California’s First Retiree Health Valuation: Questions and Answers (2007)—it is important for governments and employees to fund retiree health benefi ts as they accrue (that is, during the working lives of employees, when they earn the right to receive these benefi ts). Because the state and local governments, along with employees, have long set aside funding for defi ned benefi t pensions, these pensions are funded largely from investment returns generated by these contributions. Yet, retiree health liabilities generally are not funded at all by governments during the working lives of their employees. Th is means that no investment returns are available to off set costs of governments and retirees and adds substantially to the costs of providing these benefi ts. Addressing Th is Problem Is Very Diffi cult When Budgets Are Tight. Assuming continuation of the current system of defi ned retiree health benefi ts (where governments promise a specifi c type of subsidy to health benefi t costs for public employees in retirement), both the state and local governments should transition gradually over time to requiring employer and/or employee contributions to cover the costs of these future benefi ts. By authorizing CalPERS to establish the California Employers’ Retiree Benefi t Trust (CERBT) Fund and working with some employee groups to begin funding state retiree health liabilities, the Legislature already has taken the fi rst steps to making retiree health prefunding a viable possibility for the state and other governmental entities. Moreover, a number of governments—in addition to some state government employee groups— already have begun to prefund their retiree health benefi t liabilities through CERBT and other funding arrangements. In considering changes to pensions and retiree health benefi ts, the Legislature may wish to consider additional steps to require governments to properly fund their defi ned retiree health benefi t systems. Such steps surely would need to be gradual, given the increased near-term budgetary costs they would impose on governments currently coping with signifi cant fi scal challenges. LAO PERSPECTIVES ON THE GOVERNOR’S PROPOSAL A BOLD PROPOSAL WORTHY OF LEGISLATIVE CONSIDERATION Reasonable Set of Pension Benefi ts and Reduced Long-Term Costs. Our overall perspective is that the Governor’s proposal is a bold one. It would result in substantial changes to the current public employee retirement benefi t system, particularly for future employees. In our view, it would increase public confi dence in state and local pension systems over the long term and bring public employees’ retirement benefi ts more in line with those of private-sector employees. It undoubtedly would make public retirement systems more sustainable over the long run by reducing public entities’ vulnerability to increased costs resulting from unfunded liabilities. Because defi ned benefi t pension and retiree health benefi ts would be reduced from current levels, unfunded liabilities simply would be unlikely to grow so big as to threaten the fundamental fi scal health of public entities. Th e Governor’s proposed changes probably would not produce much short-term budgetary AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 276-126 savings for state government and many local governments, but they would produce substantial long-term savings, potentially in the billions of dollars per year (in current dollars). Finally, we believe the Governor’s proposals generally would leave future public employees with a reasonable, though reduced, set of pension benefi ts in exchange for working longer during their public-service careers. We believe the package is worthy of serious legislative consideration in the coming months. GETTING THE DETAILS RIGHT Legislature Should Take a Few Months to Get the Details Right. Like the Governor, we believe there is much merit in fashioning broad-based pension policy changes that aff ect all public pension plans in the state. Yet, with several thousand public employers and many diff erent pension and retiree health packages off ered to public employees, it is very diffi cult to fashion a workable, fair, sustainable set of legislative provisions that accomplishes the type of changes envisioned by the Governor. We strongly urge the Legislature to take several months to fashion a pension plan in response to the Governor’s proposals. Th ere are many details to sort out in such a plan, yet there is plenty of time to fashion a package that would be ready for voter approval in November 2012. What Should Be in the Constitution? A basic choice facing the Legislature is which pension changes should be enshrined in the State Constitution and which in statute. Constitutional changes are harder to undo over time. We agree with the Governor and others that some pension changes may be so important that they warrant a place in the Constitution. Perhaps the clearest cases for placement in the Constitution are the prohibitions on retroactive benefi t increases and pension funding holidays. Structured properly, these are workable, practical reforms where there should very rarely, if ever, be a need for future exceptions. Furthermore, extending certain pension and retiree health limitations to charter cities, charter counties, and UC probably would require constitutional amendments. We are concerned, however, about placing fi ne details of a hybrid pension plan or other pension and retiree health structural provisions in the Constitution. Aft er all, all pension plans will require modifi cation and adjustment—including “clean up bills” to modify certain provisions—from time to time. Th e clearest example is for tax law changes; periodic changes in tax law or regulations oft en will require minor changes for pension plans. Th e package should include a path to making such necessary changes for pension and retiree health plans, even if elements of the plan are placed in the Constitution. We suggest that the Legislature fashion a constitutional package for submission to voters, along with a companion piece of statutory legis- lation containing various provisions, such as hybrid plan design elements. In the proposed constitu- tional amendment, the Legislature could preserve for itself—and, in some cases, perhaps, for local governments—the ability to adjust such detailed design elements with supermajority votes. Review Savings Estimates Carefully. Pensions and retiree health cost estimates are very diffi cult to understand. Th ey are constructed by actuaries according to highly technical, detailed rules and assumptions. Th e assumptions, if changed, can materially alter cost or savings estimates related to benefi t changes by large margins. Legislative committees considering the Governor’s proposal— and alternatives—probably will want actuarial estimates of the costs and savings of such changes. In the fi nal analysis, actuaries will inform the Legislature that proposals of the magnitude of the Governor’s can save billions of dollars of state and local funds (in current dollars) annually in the long AN LAO REPORT 28 Legislative Analyst’s Offi ce www.lao.ca.gov 6-127 term and, perhaps, in some cases there might be limited short-term savings based on increases in current employee pension contributions. Cost estimates may be particularly useful in comparing diff erent pension savings proposals—for example, to determine which competing proposal is likely to save more money over the long run—but even then, such analyses are highly dependent on assumptions that are open to broad debate. Moreover, it will be diffi cult—perhaps impossible— to secure estimates of how pension and retiree health changes will aff ect all plans in the state. Th ere are simply too many such plans to make such estimates viable in the foreseeable future. ALIGNING PUBLIC AND PRIVATE SECTOR COMPENSATION Setting Public Employee Compensation Levels is Diffi cult. About 6 percent of Californians currently work for the state or a local government. Determining the appropriate compensation and benefi t levels for these public employees is a diffi cult balancing act. If government sets employee compen- sation and benefi ts at rates that are too low, it can be diffi cult for government to recruit and retain a skilled workforce. Conversely, if government sets compensation and benefi ts at rates that are too high, it can undermine public confi dence in government’s ability to manage funds, as well as impose unnec- essary costs for public services. Current Compensation Structure Diffi cult for Public to Evaluate and Accept. Given these tensions, we think the best strategy is for state and local governments to broadly align the structure and amount of public employee compensation with compensation packages provided to comparable employees in the private-sector. While we recognize that making comparisons between the work respon- sibilities of public- and private-sector employees is diffi cult, making the structure of public employee compensation packages similar to those off ered to private-sector employees would promote trans- parency to the public and allow the public to more easily compare the generosity of public employee compensation packages with compensation packages with which they are familiar. Conversely, the current structure—wherein state and local governments provide compensation (defi ned benefi t pension plans and, in some cases, retiree health benefi ts) in forms that are very diff erent from that off ered in the private sector—impairs the public’s ability to assess whether government is carefully managing its funds and can aff ect the public’s trust in government. SOME INCREASED COSTS…NOT JUST SAVINGS “Total Compensation” and the Public Workforce. A governmental entity competes with employers in the public and private sectors to attract and retain a talented workforce. One measure of a government’s competitiveness as an employer is to compare total compensation levels off ered by the state with those off ered by other employers. An employee’s total compensation includes salary, retirement, and other employment benefi ts such as health benefi ts. Unlike salary and health benefi ts, retirement benefi ts are a form of deferred compensation. An employee forgoes some level of compensation today (higher salary) with the expec- tation that she or he will receive an off setting level of compensation in the future. Studies have illustrated that retirement benefi ts help make the public sector’s current total compensation levels competitive with those off ered in the private sector. Th is seems especially true in the case of employees with higher levels of education and skills. Need for Higher Salaries, Especially for High-Skill Public Workers. Under the Governor’s proposal, the pension benefits offered to future public employees would be less than the current benefits. This change would reduce the value of the total compensation offered to public employees. In the case of some highly educated AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 296-128 and highly skilled public employees (for example, some groups of scientists, medical professionals, engineers, academics, and lawyers), public employers’ current total compensation levels likely would no longer be competitive if pensions are reduced and no other pay or benefits are increased. It is conceivable that in the current, weak economy, the state and local governments could attract these types of employees even at the reduced levels of total compensation implied in the Governor’s plan. In the long term, however, the public sector in California may have diffi- culty attracting highly skilled, highly educated employees of the caliber and quantity needed to provide public services under this proposal. Accordingly, to the extent that the Governor’s proposal reduces total employee compensation— particularly for highly skilled, highly educated state and local employee classifications—higher salaries or other benefits probably will need to be offered to these groups over the long term. A cap on defined benefit pensions for high-income public employees, as the Governor proposes, could exacerbate these problems. Such higher costs will offset an unknown portion of the savings generated from pension and retiree health benefit reductions. Why Change Pensions if Net Savings Are So Hard to Achieve? Reductions in one element of compensation—such as pensions—oft en result in salary or other compensation increases, as described above. Nevertheless, we urge the Legislature to pursue changes to pension and other retirement benefi ts for a number of reasons, including the likely long-term net budgetary benefi t that these changes would produce for governmental budgets. First, by moving more employee compensation from infl exible pension benefi ts to somewhat more fl exible salaries and other compensation, governments would gain some budgetary fl exibility. Second, salary, employee health benefi ts, and most other forms of compensation do not create the risk of unfunded liabilities associated with pensions and retiree health benefi ts. Other forms of compensation are paid as they accrue, with little or no risk of their costs being transferred in large amounts to later generations. Pensions and retiree health benefi ts are a very diff erent story. Reduced unfunded liability risk due to lower defi ned benefi t pension and retiree health commitments could mean less budgetary volatility for governments in the long run. Finally, while we expect that some salaries will rise because of retirement benefi t reductions, governments will not have to raise all salaries or otherwise off set all retirement cost savings elsewhere in their compensation structure. Over the long run, substantial net savings—perhaps in the billions of dollars annually—could result from pension and retiree health changes of the magnitude proposed by the Governor. CONSIDERING THE STATE /LOCAL RELATIONSHIP IN THIS AREA Currently, Signifi cant Autonomy for Cities, Counties, and Special Districts. California cities, counties, and special districts and their rank-and- fi le employees currently have signifi cant authority to collectively bargain retirement benefi ts. For example, local governments and employees can, in many instances, negotiate: (1) the selection of a retirement plan from among the many plans off ered by CalPERS, a 1937 Act county retirement system, or certain other retirement systems; (2) the share of the plan’s cost to be paid by the employee and employer; and (3) the provision of plan enhancements (such as basing pension benefi ts upon a single year of fi nal compensation). Th e Governor’s proposal imposes AN LAO REPORT 30 Legislative Analyst’s Offi ce www.lao.ca.gov 6-129 signifi cant limits on local retirement plan compo- nents and the division of pension costs between employees and employers. Do Local Governments Need to Be “Saved From Th emselves?” In general, we think that local elected offi cials should have the authority to determine compensation levels, including retirement benefi ts, which meet the needs of their workforce. We note, however, that it is oft en diffi cult for local governments to weigh the major, lasting costs of public pensions against the near-term benefi t of maintaining a skilled workforce. As a result, aft er the state authorized local governments to off er enhanced retirement benefi ts in the late 1990s, many local agencies— seeing competitor agencies off er higher benefi ts— also agreed to provide enhanced benefi ts. Since that time, the cost of these benefi ts (combined with the signifi cant retirement system investment losses), has imposed major fi scal pressures on many California local governments—fi scal pressures that will last for decades. Due to all of these factors, some local offi cials believe that state policy is needed to impose lower pension benefi ts—such as those proposed by the Governor—or limit maximum employer pension costs in order to prevent them and their successors from adding to pension and retiree health cost concerns in the future. How Should the Legislature Approach Th is Issue? It seems to us, therefore, that a key policy question that the Governor’s plan poses to the Legislature is whether some diminution in local control over retirement benefi ts is merited given the long-term nature of pension costs and the potential for competition among local and state employers. WHAT ABOUT CALSTRS? On March 31, 2011, the Governor produced an early version of a 12-point pension plan through a press release and committed to introduce the 12 pension reforms. Th e October 27 proposal by the Governor fi lls in some important details concerning 11 of the items covered in the March 31 press release, plus additional guber- natorial proposals concerning retirement ages and retiree health care. Th e one policy mentioned in the Governor’s March 31 release that seems to be left largely unaddressed in the October 27 gubernatorial plan is CalSTRS’ massive unfunded liability, which totaled over $56 billion as of June 2010, according to CalSTRS actuaries. While the Governor’s proposals may perhaps reduce costs for future teachers enrolled in CalSTRS, it does not appear to include anything to address these liabilities already accrued, but not funded, for current and past employees. At Least $4 Billion Per Year Needed to Pay Liabilities Over Th ree Decades. Most problemati- cally, because CalSTRS contributions by employers, employees, and the state are fi xed in the Education Code, there are not any plans in place for any entity ever to fund those promised benefi ts. If additional contributions were provided immediately to CalSTRS, they would need to total about $3.9 billion per year (in current dollars) for at least the next three decades. (Th ose fi gures assume that CalSTRS hits its annual investment targets, which many observers believe will be unlikely in the coming decades.) Given the state’s budget problems, as well as the funding issues facing school and community college districts, it is very unlikely such funding can be identifi ed immediately. Th e longer that a funding solution waits, however, the more that this $4 billion annual tab will tend to increase. Addressing the CalSTRS unfunded liability, therefore, is one of the most diffi cult long-term fi nancial challenges facing California. Funding Solution Should Be Identifi ed as Part of Th is Legislative Process. Given the commitment of the Legislature and the Governor to discuss signif- icant structural changes to state pension systems now, we believe that a part of this discussion should be CalSTRS’ long-term funding plan. Discussing AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 316-130 changes in CalSTRS and other pension benefi ts without discussing how to fund benefi ts already in place does not make sense to us. Accordingly, we urge the Legislature to tackle the CalSTRS funding problem as part of a pension package. We believe that the state—which has had the sole responsibility for setting CalSTRS’ benefi t and funding levels in the past—will have to play a key role in addressing the existing unfunded liability. Moreover, given that the only other theoretical sources for addressing the liability are school and community college districts and their employees, the state ultimately would be pressured to increase funding for those public entities in any event, even if there were a way to require districts and employees to pay more to address the funding problem. Accordingly, the state probably will need to gradually increase contributions to CalSTRS in the coming years and maintain those contribu- tions for several decades until existing unfunded liabilities are retired. Take Steps to End State Funding of CalSTRS Over the Long Term. School and community college districts, unlike almost all other public employers in the state, have practically no fl exibility in setting retirement benefi ts for their employees, and they are shielded in current law—due to fi xed contribution rates for both districts and employees—from higher (or lower) costs that may result from future increases (or decreases) in CalSTRS’ unfunded liabilities. Th e Governor’s plan envisions major changes in benefi ts for future teachers and administrators enrolled in CalSTRS and a reinforcement of the current require- ments that districts and teachers share pension costs. Given the altered levels of defi ned benefi ts envisioned in the Governor’s plan, maintenance of the existing contribution requirements for the state, districts, and teachers probably would make no sense for future teachers; these contribution requirements will have to be changed. Under these proposals, we do not see why there would continue to be a direct state role in funding future teachers’ benefi ts. (Payments related to current teachers and the existing unfunded liability, however, will likely have to continue for decades.) We urge the Legislature to take this opportunity to (1) commit the state to increasing payments over time to retire existing unfunded liabilities and continue to make payments related to current CalSTRS members over the next few decades and (2) require that districts and CalSTRS members be the sole contributors to the Teachers’ Retirement Fund for future teachers enrolled in the plan that emerges from this legislative discussion. Over the next few decades, under this approach, state contributions in CalSTRS would dwindle, and over time, districts and employees and retirees of the system could gradually take over the state’s existing seats on the Teachers’ Retirement Board. CalSTRS should become a system of districts and teachers— completely fi nancially separate from the state. If the Legislature adopts this change, it should be careful to require pension benefi t levels of school districts that can be sustained within the existing contribution levels that school districts and teachers already pay. In this new structure, we believe that school districts, their employee and retiree groups, and CalSTRS itself would have a much greater incentive to establish prudent, rather than optimistic, investment return assumptions, given that they and they alone will be responsible for keeping the system well-funded for future teachers. Consider Infl ation Benefi ts. Pension systems in California typically include provisions to protect retirees from having their benefi ts eroded excessively over time by the eff ects of infl ation. Th ese are sometimes called “purchasing power” benefi ts. In CalPERS, for instance, infl ation protection generally is “built into” the benefi t, and governmental entities like the state—along with employees—pay for it in their regular contributions AN LAO REPORT 32 Legislative Analyst’s Offi ce www.lao.ca.gov 6-131 to the system. In CalSTRS and perhaps some other systems, purchasing power protection is less straightforward. In CalSTRS, for instance, the Supplemental Benefi t Maintenance Account is guaranteed a fi xed amount of state funding now to provide purchasing power benefi ts. If, in the future, infl ation were to outpace the growth of those contributions, CalSTRS retirees could see signifi cant erosion in their benefi ts. For CalSTRS and perhaps some other systems, therefore, the Legislature will need to consider future pension benefi t design in the area of infl ation protection as well. With newly reduced defi ned benefi ts, are changes in existing purchasing power benefi ts warranted? While the state and nation have been in a long period now of relatively low infl ation, there is no guarantee this trend will persist forever. Accordingly, any substantial changes in purchasing power benefi ts could prove to be expensive under certain actuarial scenarios. WHAT ABOUT UC? UCRP Also Has a Major Funding Problem. From 1990 to 2010, UC and its employees enjoyed a remarkable two-decade pension funding holiday due principally to (1) substantial overfunding of UCRP during the 1980s by the state and the university and (2) very strong investment returns for UCRP during the 1980s and 1990s. Th e state also benefi ted from the funding holiday, since it had contributed to UCRP regularly in prior decades and used the elimination of contributions as a budget solution during the fi scal crisis of the early 1990s. Given that UCRP continued to enroll new employees and provide additional service credit to existing employees, it would have been impossible for such a funding holiday to continue forever. Th e investment market downturn of 2008 caused the already dwindling surplus in UCRP to fade away, and now the system has an unfunded liability. Unlike other systems, however, UC and its employees are struggling to fi nd a way to cover normal costs, as well as unfunded liabilities, given that neither of them had contributed to the system for two decades. Th e university and its employees have already moved to change certain benefi t commitments for current and future employees, and they continue to engage in hard talks on how to increase contributions to cover the costs of both past and future benefi t commitments. Th e university, however, believes that it may have to raise tuition more or cut student services or other employee costs in order to fund its entire share of pension costs in the future. As a result, UC seeks several hundred million dollars of additional annual state funding beginning within a few years so that it can cover normal costs and retire unfunded liabilities over the next several decades. Th e state has no apparent legal commitment to provide such additional funding, and the state does not directly set benefi t levels for UC employees. To date, the Legislature has chosen not to provide additional funding to UC for this purpose, despite the university’s requests. UC May Well Need Additional State Funding for Retirement Costs. Th e magnitude of UC’s unfunded liability costs not covered from other funding sources (such as enterprise units and the federal government) is so large—hundreds of millions of dollars per year—that the university will face very diffi cult decisions in the coming years about how to cut costs or raise tuition further if the Legislature does not provide additional funding related to UCRP. Extending the Governor’s proposed pension changes for other public employees to UC employees as well may reduce UC’s future personnel costs and help the university address the UCRP funding problem over the long term. In the short run, however, costs to address existing benefi t commitments will remain very diffi cult to address within existing resources of the university. AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 336-132 We urge the Legislature to consider the long-term funding strategy for UCRP during these legislative discussions on overall pension policy. Specifi cally, the Legislature could resubmit a request to UC that it provide a comprehensive, detailed proposal for a long-term funding strategy. (Th at same request was included in the 2010-11 Budget Bill, but was vetoed by Governor Schwarzenegger.) It will be very diffi cult for the state to consider a long-term UCRP funding policy without such a detailed proposal being submitted and without fi rm agreement on the plan from all UC employee groups. WHAT ABOUT DISABILITY BENEFITS? Governor’s Proposals Focus on Service Retirement, Not Disability Retirement. California’s public pension systems oft en provide certain benefi ts to disabled public employees, including employees disabled as a result of their work assignment. Death benefi ts also are sometimes provided to employees’ survivors. In recent years, some public pension systems have tightened their scrutiny of disability retirement appli- cants considerably, but given the magnitude by which the Governor proposes to reduce future employees’ pension benefi ts, there may nevertheless be a spike in the future in disability retirement applications if the Governor’s proposals succeed. Accordingly, in consid- ering the Governor’s proposals, the Legislature may wish to engage pension systems on ways to further reduce incentives for improper disability retirement requests in the future. FOCUS ON THE LONG TERM Achieving Major Near-Term Savings Will Be Very Diffi cult—Perhaps Impossible. California has decades of case law in this area based in part on U.S. Supreme Court precedent in the area of contract law. During the past year, there has been a substantial increase in public discussion of the possibility of reducing sharply the pension benefi ts accrued by current public employees and even current public-sector retirees. Th e motivation for these suggestions seems to be the disparity between public- and private-sector workers’ retirement benefi ts, as well as a desire to reduce public costs and transfers of obligations to future generations. We understand these concerns, but the fact is these types of changes oft en have been attempted by other California governments in recent decades, and in most cases, struck down. Other than increasing current employees’ pension contributions (which may be possible for some governments that have rigorously protected their right to do so), there is almost no viable way to decrease pension costs for current and past employees outside of the negoti- ating process. Case law in California is exceptionally clear. In fact, California’s protections for public employee pension contracts may be more protective than those embodied in the U.S. Constitution. Reductions in current and past employees’ pension benefi ts almost always will require that governments provide a comparable and off setting new advantage in return. Only in cases of extreme emergency does the case law suggest that more drastic changes may be possible and, even then, the changes typically would have to be temporary, with interest costs accruing to the aff ected employees or retirees during the time of the temporary pension cost reduction. Moreover, even when governments can increase employee pension contributions, collective bargaining and the need to remain competitive in the labor market will lead to salary or other compensation increases that may off set much of the retirement cost savings. For all of these reasons, it may not be worth- while for the Legislature to devote signifi cant time during this process attempting to reduce current and past employees’ retirement benefi t costs. Th e debate, in our view, is best spent considering where California’s public retirement systems will go in the future. AN LAO REPORT 34 Legislative Analyst’s Offi ce www.lao.ca.gov 6-133 In the Short Run, Retirement Contributions Will Have to Increase. In the short run, the hard truth is that state and local pension and retiree health contributions generally will have to increase—in some cases, substantially—to fund liabilities already accrued and earned by current and past employees. Th e clearest example of this is the need to increase funding to CalSTRS to pay for its unfunded liabilities. Transitioning employees to hybrid or defi ned contribution plans, furthermore, may result in a decrease in some systems’ investment returns, thereby increasing employer costs in the near term. By enacting reductions in the retirement costs for future public employees, however, the Legislature can realize major long-run savings and also help “soft en the blow” of such near-term cost increases. AN LAO REPORT www.lao.ca.gov Legislative Analyst’s Offi ce 356-134 LAO Publications This report was prepared by Jason Sisney, Deputy Legislative Analyst. The Legislative Analyst’s Offi ce (LAO) is a nonpartisan offi ce which provides fi scal and policy information and advice to the Legislature. To request publications call (916) 445-4656. This re port and others, as well as an E-mail subscription service, are available on the LAO’s website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000, Sacramento, CA 95814. AN LAO REPORT 36 Legislative Analyst’s Offi ce www.lao.ca.gov 6-135 California Public Employees’ Retirement System P.O. Box 942715 Sacramento, CA 94229-2715 Reference No.: (888) CalPERS (or 888-225-7377) Circular Letter No.: 200-010-12 TTY: (877) 249-7442 Distribution: VI www.calpers.ca.gov Special: Circular Letter March 16, 2012 TO: ALL PUBLIC AGENCY EMPLOYERS SUBJECT: EMPLOYER RATE IMPACTS DUE TO DISCOUNT RATE CHANGE The purpose of this Circular Letter is to inform you of recent changes to the CalPERS discount rate assumption and the impact this will have on employer contribution rates. At the March 14, 2012 meeting, the CalPERS Board of Administration (Board) approved a recommendation to lower the CalPERS discount rate assumption, or the rate of investment return the pension fund assumes, from 7.75 to 7.50 percent. This will increase public agency employer rates for fiscal year 2013-14. CalPERS actuaries offered the Board two options to protect the soundness of the pension plan: a 7.25 percent discount rate that includes an adjustment to add an element of conservatism to further protect against lower returns, or a 7.50 percent discount rate without such an adjustment. The Board voted to lower the discount rate to 7.50 percent but directed staff to develop a plan to phase in the employer contribution rate increases over a period of two years. Background In March 2011, the Board voted to keep the current discount rate of 7.75 percent. That decision was partially made to help employers during these difficult economic times, but was also contingent upon a reassessment this year. CalPERS discount rate was last changed 10 years ago, when it was lowered to 7.75 percent from 8.25 percent. Over the past year, the CalPERS Actuarial Office conducted its own study and hired an independent evaluator to assess economic assumptions. The discount rate assumption is calculated based on expected price inflation and real rate of return. Based upon information from both studies, CalPERS Actuaries recommended that the assumption for price inflation be reduced from 3.00 to 2.75 percent. When added to the current real return assumption of 4.75 percent, produces a discount rate assumption of 7.50 percent. Attachment F 11\ CalPERS 6-136 Circular Letter No.: 200-010-12 March 16, 2012 Page 2 Results The Board’s decision to lower the discount rate assumption will have the following estimated impacts on public agency employers and employees:  Public agency employer contribution rates are estimated to increase by approximately 1.0 to 2.0 percent of payroll for Miscellaneous plans and 2.0 to 3.0 percent of payroll for Safety plans. These increases are to be phased in over a period of two years beginning in fiscal year 2013-14. Details of the phase have yet to be developed. CalPERS will communicate via Circular Letter to employers when details are available.  Service credit purchase requests postmarked, delivered, or faxed on or after March 15, 2012 will increase between 5.0 to 13.0 percent depending on the individual circumstances of members.  Retirement applications with retirement dates on or after March 15, 2012 will be calculated from the new discount rate. Members who choose optional benefits – leaving some part of their benefit to a spouse or beneficiary after their death – will experience approximately a 2.0 percent increase in cost. The measured impact of the change in the discount rate assumption will be known when the Actuarial Office completes the June 30, 2011 actuarial valuations in fall 2012. The June 30, 2011 valuations will set the employer rates that take effect on July 1, 2013. If you have any questions, please call our CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377). ALAN MILLIGAN Chief Actuary 6-137 CalPERS Actual Investment Returns - A 20 Year History 12 Months Ended Year June 30th Dec 31st 1992 13.9%6.5% 1993 14.6%13.4% 1994 2.0%-1.0% 1995 16.4%25.3% 1996 15.4%12.8% 1997 20.2%19.0% 1998 19.6%18.5% 1999 12.6%16.0% 2000 10.8%-1.4% 2001 -7.1%-6.2% 2002 -6.0%-9.5% 2003 3.9%23.3% 2004 16.7%13.4% 2005 12.6%11.1% 2006 12.3%15.7% 2007 19.1%10.2% 2008 -4.9%-27.8% 2009 -23.4%12.1% 2010 11.6%12.6% 2011 21.7%1.1% 20-year average 9.1%8.3% 10-year average 6.4%6.2% Attachment G 6-138