VOTER EMPOWERMENT ACT OF 2016
California pension reform proponents are postponing their efforts
to place one of their initiatives on this year’s November
ballot. Instead, former San Jose Mayor Chuck Reed and
former Councilman Carl DeMaio aim to place a pension reform
initiative on the November 2018 ballot. Proponents
believe that 2018 will provide a more favorable environment for
pension reform. Please review the following timeline of events
and summary of the initiatives for more information. The
Board of Fire and Police Pension Commissioners, management and
staff will continue to monitor this and other legislation that
may affect Plan member benefits.
Timeline of Events
June 2015 – Former San Jose Mayor Chuck Reed and a bi-partisan
group of current and former local government officials filed a
pension reform initiative known as the “Voter Empowerment Act of
2016” that would change how California state and local government
employee compensation and retirement benefits are determined.
October 2015 – After the California Attorney General issued the
official title and summary which determines the language used to
collect signatures, the proponents were not satisfied with the
language and proceeded to file a new alternative version of the
“Voter Empowerment Act of 2016” and a new initiative entitled,
“Government Pension Cap Act of 2016”. The proponents
planned to qualify one of the two measures for the November 2016
ballot. The Voter Empowerment Act would require voter
approval for new government employees hired on or after January
1, 2019 to participate in defined benefit pension plans (like
LAFPP), and limit government employers from paying more than half
of the total cost of retirement benefits for new employees,
unless voters approve a higher proportion. The Government Pension
Cap Act would limit how much government employers could pay for
new hires’ retirement benefits to a certain percentage of their
salary (13% for new public safety employees).
January 2016 – Proponents decide not to pursue their efforts to
place a measure on the November 2016 ballot and will instead
focus on the November 2018 ballot.
Summary of Initiatives
PROPONENTS:
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The initiative’s proponents are as follows:
- Chuck Reed – former San Jose Mayor
- Carl DeMaio – former San Diego council member
- Stephanie Gomes – former Vallejo Mayor
- Bill Kampe – Pacific Grove Mayor
- Pat Morris – former San Bernardino Mayor
- Tom Tait – Anaheim Mayor
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“Government Pension Cap Act of
2016″ (Initiative #15-0077)
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- Limits government employers from making retirement
benefit contributions of more than 13% of base
compensation for new public safety employees, and not
more than 11% for new general employees. All other costs,
including unfunded liability costs, are the
responsibility of the new employee, unless voters
establish a new limit. New employees are considered those
hired on or after 1/1/2019.
- Limits government employers from paying more than 1/2
of the total cost of retirement benefits for new
employees, unless voters approve a higher proportion.
- The Act shall not alter any current labor agreement
in effect, but shall apply to future labor agreements,
renewals or extensions entered into after the effective
date of the Act.
- Government employers may continue to offer defined
benefit pension plans, defined contribution plans, or a
combination of both plans, but the plans are subject to
the limitations of the Act.
- Disability and death benefits are not subject to the
limitations outlined in the Act.
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“Voter Empowerment Act of
2016″(Initiative #15-0076)
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- Limits government employers that sponsor defined
benefit pension plans from providing benefit
enhancements, unless approved by voters.
- New government employees (hired on or after 1/1/2019)
may be enrolled in defined benefit pension plans only if
approved by voters.
- Limits government employers from paying more than 1/2
of the total cost of retirement benefits for new
employees, unless voters approve a higher proportion.
- Limits placement of financial conditions upon
government employers closing defined benefit plans to new
employees.
- The Act shall not alter any current labor agreement
in effect, but shall apply to future labor agreements,
renewals or extensions entered into after the effective
date of the Act.
- The Act does not modify or limit any disability or
death benefits, or require voter approval for these
benefits.
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“Voter Empowerment Act of
2016″(Initiative #15-0033 – Public
Employees. Pension and Retiree Healthcare Benefits.
Initiative Constitutional Amendment”
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- Eliminates constitutional protections for vested
pension and retiree healthcare benefits for current
public employees, including those working in K-12
schools, higher education, hospitals, and police and fire
protection, for future work performed.
- Adds initiative/referendum powers to Constitution,
for determining public employee compensation and
retirement benefits.
- Bars government employers from enrolling new
employees (hired after 1/1/2019) in defined benefit
plans, paying more than 1/2 of the cost of new employees’
retirement benefits, or enhancing retirement benefits,
unless first approved by voters.
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This initiative will remain active unless the
proponents request that it be withdrawn
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KEY MILESTONES:
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“PUBLIC EMPLOYEES. PENSION AND RETIREE HEALTHCARE
BENEFITS. INITIATIVE CONSTITUTIONAL
AMENDMENT.“
- Filed 6/4/2015 with the California Attorney General
- 8/11/2015 – Above formal title and summary were
released by Attorney General
- The Proponents must collect 585,407 signatures from
registered voters to qualify the initiative for the
November 2016 election.
- The proponents estimate that a signature-gathering
campaign will cost $2.5 million to $3.5 million.
“PUBLIC EMPLOYEES. PENSION AND RETIREE HEALTHCARE
BENEFITS. INITIATIVE CONSTITUTIONAL AMENDMENT.”
AKA “GOVERNMENT
PENSION CAP ACT OF 2016” and
“VOTER
EMPOWERMENT ACT OF 2016”
- October 5, 2015 – Revised Initiative #15-0076,
Voter Empowerment Act of 2016, and Initiative
#15-0077, Government Pension Cap Act of 2016
filed.
- A 30-day public comment period is open through
11/4/2015 at the California Attorney General’s website:
http://oag/ca.gov/initiatives/active-measures.
- The State Department of Finance and State Legislative
Analyst’s Office have 50 calendar days from the
initiative filing date to prepare a fiscal impact
analysis before the Attorney General issues an official
title and summary.
- October 16, 2015 – The proponents filed amendments to
#15-0076, Voter Empowerment Act of 2016, and
Initiative #15-0077, Government Pension Cap Act of
2016, defining a “new employee.” A new employee is
one who becomes a member of any state or local public
retirement system on or after 1/1/2019, and:
- Who was not a member of any other state or local
public retirement system in California prior to that
date.
- Who was a member of another public retirement system
prior to that date, but who was not subject to
reciprocity under Calif. Gov. Code Sec. 7522.02© as of
9/1/2015.
- Who was an active member in a state or local
retirement system in California and who, after a break in
service of more than six months, returns to active
membership in the same system with a new employer.
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RELATED LINKS:
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Fiscal Impact Estimate Report by State Legislative
Analyst’s Office for Initiative #15-0077
Fiscal Impact Estimate Report by State Legislative
Analyst’s Office for Initiative #15-0076
Fiscal Impact Estimate Report by State Legislative
Analyst’s Office for Initiative #15-0033
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Be assured that the Board of Fire and Police Pension
Commissioners, management and staff are monitoring this
legislation closely and will keep you updated through our website
as more information becomes available.