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[Social Security] - Feasibility Study to Terminate Social Security Coverage for State Employees, 04/01/1972
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[Social Security] - Feasibility Study to Terminate Social Security Coverage for State Employees, 04/01/1972
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Reagan, Ronald: Gubernatorial Papers, 1966-74: Press Unit Folder Title: [Social Security] - Feasibility Study to Terminate Social Security Coverage for State Employees, 04/01/1972 Box: P38 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ tod ted Gray PRESS FEASIBILITY STUDY TO TERMINATE SOCIAL SECURITY COVERAGE FOR STATE EMPLOYEES DRAFT PRELIMINARY REPORT APRIL 1, 1972 FEASIBILITY STUDY TO TERMINATE SOCIAL SECURITY COVERAGE FOR STATE EMPLOYEES DRAFT PRELIMINARY REPORT Prepared for Agriculture and Services Agency Prepared by Social Security Task Force April 1, 1972 MEMBERSHIP Social Security Task Force A1 Reis Agriculture and Services Agency Charles Hobbs Department of Social Welfare Robert Bishop Department of Social Welfare Beverly Gaffney Public Employees' Retirement System Kisuk Yang Public Employees' Retirement System Steve Jablonsky Department of Finance Dale Flournoy Department of Finance This draft preliminary report contains no recom- mendations. The advantages and disadvantages to termination contained on pages 5 through 10 are generally based on specific assumptions as stated on pages 1 and 2. TABLE OF CONTENTS CHAPTER Page List of Exhibits iii I. Introduction and Conclusion 1 II. Advantages and Disadvantages of Withdrawal from Social Security 5 III. Risks in Withdrawal from Social Security 12 IV. Impact of Termination on Interested Groups 14 V. Costs and Benefits of PERS and Social Security as Contrasted with PERS. 18 VI. Potential Future Changes in Financing the Social Security Program 35 VII. Cost of Replacement Retirement Benefits Due to Termination from Social Security 38 VIII. Substitute for Medicare Coverage 40 IX. Age and Salary Characteristics of the State Employee Work Force 46 X. Scope of Social Security Coverage for Public Employees in California and Other States 56 XI. Withdrawal Experience of Public Employers--Trends 61 XII. Existing and Potential Future Social Welfare Aspects of Terminating Social Security Coverage for State Employees 71 XIII. Position of Other Interested Groups (CSEA, Legislative Analyst) in Social Security 73 XIV. Withdrawal Procedures, Action Authorities, Finality of Commitment and Required Legislation 82 ii List of Exhibits Exhibit No. Page 1 Cabinet Issue Memo 4 2 Anticipated Savings Due to Social Security Termination 11 3-14 Cost and Benefit Projections for PERS and Social Security 20 15 Medicare Health Plan Benefits (Parts A and B) 43 16-23 Characteristics of the State Employee Work Force 48 24 Employers and Employees Covered by PERS 58 25 Social Security Coverage: California Public Employees 59 26 Retirement Allowances--Other States 60 27 Schedule of California Public Agencies Requesting Voluntary Termination of Social Security 64 28 Schedule of Public Agencies Requesting Voluntary Termination of Social Security by Fiscal Year 69 29 Safety Retirement Formulas Under PERS 70 30 Employee Polls on Social Security Coordination 76 31 CSEA Poll on Social Security Termination 78 32 CSEA 1971 Resolution on Termination of Social Security Coverage for State Employees 79 33 Social Security Act: Termination Procedure 85 34 California Government Code: Termination Procedure 86 iii I. INTRODUCTION AND CONCLUSION A Governor's Cabinet Issue on the subject of a task force study of the State's withdrawal from social security was approved on February 8, 1972. The Cabinet Issue paper, which outlines the specific charge to the task force, is appended as Exhibit I. The task force attempted to gather and evaluate all the data relative to the subject within the time constraints allowed. This report sum- marizes a review of this data under a topical arrangement paralleling the specific charges made to the task force. This report does not necessarily reflect each individual member's view but rather a general concensus of the group. The data presented in this report demonstrate that advantages can be gained by both the State and most of its employees (which includes legislators and constitutional officers) by state withdrawal from social security with the following assumptions: 1. That PERS benefits, augmented to substitute in general terms those now provided by social security, are entirely adequate. However, some employee's ultimate benefit would be less than in a coordinated program. 2. The actual cost savings to the State and its employees are dependent on the method of financing substitute benefits. 3. The actual impact on social welfare has not been determined and would require further study. -1- 4. That the Social Security program is financed under present statutes or HR I in its current form generally. 5. That if a significant change in the method of financing the Social Security program occurs in the future, such as general revenue financing, sufficient grounds would be available to seek state reentry into the Social Security program. There are four courses of action that can be pursued at this time: 1. Do nothing and continue with PERS and social security coverage. 2. Enact legislation directing the Public Employees' Retirement System to notify the Social Security Administration of California's desire to terminate its employees from social security coverage. Included in this legislation should be appropriate substitute benefits to become effective upon actual termination. 3. Enact legislation as in No. 2 above but with the under- standing that the social welfare aspects will be studied further during the two-year notice requirement period. 4. Enact legislation seeking termination with further study of the entire issue during the two-year notice requirement before termination becomes effective with the understanding that the termination notice could be withdrawn. -2- The task force believes that if a decision to terminate is made, alternatives two or three are much more desirable. This re- presents a positive solution to the problem of providing maximum retirement benefits at the most economical cost, and would not leave state employees in a quandary for the interim two-year period. It is hoped that the discussions and data contained in this report facilitate the decision on the issue of state withdrawal from social security coverage. -3- Exhibit 1 1 DECISION CABINET ISSUE MEMO DISCUSSION To: Governor Ronald Reagan Date: Feb. 4, 1972 From: Agriculture and Services Agency No AS 72-6 Signed Enled Originated by by Earl Coke, Secretary A. J. Reis, Assistant Secretary SUBJECT: TASK FORCE TO STUDY STATE WITHDRAWAL FROM SOCIAL SECURITY ISSUE: COMPOSITION AND DUTIES OF TASK FORCE CONCLUSION: D ASSIGN TASK FORCE COORDINATOR: AL REIS, AGENCY ASSISTANT SECRETARY APPOINT TASK FORCE MEMBERS: STEVE JABLONSKI DEPARTMENT OF FINANCE Hobbs TOM Mel JURRAY HUMAN RELATIONS AGENCY KISUK YANG PUBLIC EMPLOYEES RETIREMENT SYSTEM CHIEF ACTUARY BEVERLY GAFFNEY PUBLIC EMPLOYEES RETIREMENT SYSTEM SOCIAL SECURITY EXPERT CHARGE TO THE TASK FORCE: COMPLETE STUDY AND SUBMIT REPORT BY MARCH 10. DOCUMENT SOCIAL SECURITY COVERAGE PATTERNS IN PUBLIC EMPLOYMENT GENERALLY AND IN CALIFORNIA STATE SERVICE PARTICULARLY. INVESTIGATE AND EVALUATE WITHDRAWAL EXPERIENCE OR PLANS OF OTHER PUBLIC EMPLOYERS; DETERMINE ANY TRENDS. MAKE PRESENT COMPARISONS AND FORECASTS OF COSTS AND BENEFITS OF PERS COMBINED WITH SOCIAL SECURITY AS CONTRASTED WITH PERS ALONE. SPELL OUT WITHDRAWAL PROCEDURES, ACTION AUTHORITIES, FINALITY OF COMMITMENT, AND REQUIRED LEGISLATION. ASSESS IMPACT OF WITHDRAWAL ON STATE EMPLOYEES, PUBLIC INTEREST, FEDERAL ADMINISTRATION, OTHER PUBLIC EMPLOY ERS, AND THE SOCIAL SECURITY SYSTEM. IDENTIFY LONG TERM IMPLICATIONS AND DANGERS OF WITH- DRAWAL AND ASSESS THE RISKS SUMMARIZE AND WEIGH THE ADVANTAGES AND DISADVANTAGES OF WITHDRAWAL. STATE BOTH THE CASE FOR WITHDRAWAL AND THE CASE FOR RETAINING SOCIAL SECURITY FOR DECISION BY CABINET GIVE SPECIAL CONSIDERATION TO EXISTING AND POTENTIAL FUTURE SOCIAL WELFARE ASPECTS OF THE QUESTION 0 -4- II. ADVANTAGES AND DISADVANTAGES OF WITHDRAWAL FROM SOCIAL SECURITY Summary The advantages and disadvantages of termination from social security are as follows: Advantages: 1. Immediate dollar savings to the State depend upon the financing of substitute or improvement in PERS benefits. 2. Immediate increase in takehome pay for approximately 100,000 state employees (those now covered by social security). 3. Substitute benefits (not necessarily dollar-for-dollar equivalent) for social security coverage can be purchased for less money in the Public Employees' Retirement System. 4. Substitute benefits for Medicare coverage can be funded within the savings from social security termination. 5. Substitute benefits could apply to all state employees regardless of prior social security coverage. 6. State control over future retirement benefit improvements and costs. 7. Approximately 39 percent of the state work force are women who, if married, can already qualify for social security benefits based on the earnings of their retired husbands. -5- 8. Many state employees, both currently employed and those hired in the future, can be eligible for some social security benefits based on minimum quarter coverage under social security. 9. Some state employees pay a disproportionate share of social security costs because social security favors the lower paid employees and California employees are considered to be higher paid than those located in other states. 10. As the wage base for social security coverage continues to expand, the supplemental portion of social security cost and benefits expands due to the offset provisions of the coordinated program being fixed at annual base of $4,800. 11. The pressure for continued improvements in state retire- ment benefits will continue even under the current co- ordinated plan, and termination would allow improvement in PERS benefits from savings in social security contribution. -6- Disadvantages: 1. Noncareer employees lose the advantage of continuous social security coverage during their total employment career. 2. If Federal General Tax Revenue is used in the future to fund social security benefits, state employees would be contributing towards the cost of a benefit for which they could not participate. 3. Use of social security reserves could increase benefit payments without increasing the employee's and employer's cost for some period of time. 4. It is difficult to replace the spouse cash benefit in social security with an equivalent PERS benefit. 5. Maximizes total retirement benefits when attendant contribution costs are not a serious consideration. 6. Employees may attribute a higher degree of security to benefits provided by social security than to benefits provided by PERS. 7. Social security disability benefits will cease after five years from termination. 8. It is possible to withdraw retirement contributions from the public employees retirement system in lieu of a re- tirement allowance, exhaust such contributions, and then qualify for welfare. 9. Testimony from advocates of coordination contended that lack of social security coverage disadvantages the State in re- cruiting personnel from private industry. -7- 10. Assuming termination from social security is coupled with an increase in PERS benefits, a subsequent reentry into social security in the future could further increase state costs beyond the current system. 11. It is not practical to replace social security benefits on a dollar-for-dollar basis; therefore, some employees' ultimate benefits will be less as a result of termination. Discussion and Facts Advantages: It is possible for California to terminate its participation in social security and realize immediate dollar savings upon termina- tion to both the employer (state) and the employee (Exhibit 2). Savings which accrue from termination can be used in part to improve both retirement benefits in PERS as well as possibly other staff benefits for all state employees. Significant savings could result to enable California to provide equivalent health care benefits to match the Federal Medicare Program for state employees when needed at some future date. Termination would eliminate the undesirability of paying into two different retirement systems at the same time. Social security represents a federally mandated program for both the State and its employees with cost increases over which California has no control. -8- Disadvantages: It is difficult for any change in a retirement system to affect all members of the plan in the same way. If the State was to terminate its contract for social security, noncareer employees would lose the advantage of social security coverage for their total employment career. It is impossible to calculate the affect of the break in social security coverage for an individual unless his total employ- ment and salary history is known. It is possible that an inter- ruption in social security coverage may reduce a person's final compensation level from social security. This may affect transient employees. Termination should not prove detrimental to career employees if substitute benefits are provided in PERS to supplement the 1/50th formula. Social security is currently funded on a 50/50 basis by the employer and employee. If significant funding changes were made so that Federal general tax revenues were used to fund future social security benefits, the state employee could be funding the cost of this program with his Federal taxes and be excluded from participating in the benefits of the system. If existing social security reserves are used to increase benefit payments without increasing employer or employee taxes, the cost/ benefit savings which are mentioned in this report, based on existing Federal statutes may not materialize. Such a situation would diminish the present cost/benefit advantage for termination. -9- It is extremely difficult to replace social security benefits in PERS on a benefit-for-benefit basis. For instance, social security provides a dependent spouse a retirement benefit at age 65 equal to one-half of the fully insured member's allowance even though she did not contribute to social security. It is this kind of specific benefit that would be exchanged for other benefits of equivalent value in PERS. Some employees could view this action as a loss of a desirable retirement asset even though another substitute benefit was provided which had an equal or greater total dollar value. There are also some employees who are primarily concerned with retirement benefit levels. The cost of those benefits may be of secondary concern. To this employee, termination from social security could be viewed as a decrease in his total retirement benefit level, even though other substitute benefits were being provided within the PERS. Certain employees may also attribute a higher degree of security or safety to those retirement benefits which are provided through social security versus benefits provided by PERS. To this employee, the social security benefit is backed by the full faith and credit of the Federal Government, and he may not necessarily attach the same level of reliance to PERS benefits. -10- Exhibit 2 ANTICIPATED SAVINGS DUE TO SOCIAL SECURITY TERMINATION (Projected annual cost: 1975-possible date of actual termination) Present Social Security HR-1 Law (millions) (millions) 1. Employer Contributions $61.3 $74.9 2. Employee Contributions 61.3 74.9 Total savings $122.6 $149.8 3. Substitute-type Benefits in PERS to Replace Social Security a A. Elimination of the social security modification which applies to the PERS benefit $6.9 B. (a) 50 percent of retired members' allowance to surviving spouse (active members only) 33.4 (b) 15 percent increase to retirement benefit for retired members who chose option 3 or 4 4.8 $38.2 C. Extension of 1959 Survivor Benefits to members now covered by social security: (a) Member pays $2/month $7.2 (b) Additional if State pays $2.00/month 4.0 D. Post retirement Death Benefits: Increase post retirement benefit from $500 to $750 $0.5 Total cost $56.8 $56.8 Potential immediate savings to the State and its employees $65.8 $93.0 a Excludes cost of replacing future Medicare benefits. For a more complete discussion of this topic, see page 40. - 11 - III. RISKS IN WITHDRAWAL FROM SOCIAL SECURITY Withdrawal from the Social Security System involves some long-term risks to the employee. These include: 1. The possibility of using General Tax Revenue to fund at least a portion of future social security costs. 2. The fact that current Federal statute does not permit a state to reenter the Social Security Program after termination. 3. The loss of uniform retirement coverage for noncareer employees moving between state service and other employment. Discussion In the discussion on the topic of potential future changes in financing the Social Security Program (Chapter VI), the possibilities of contingency reserve financing and general revenue financing are discussed. The risk here is that the state employee may end up supporting social security through Federal taxation without being eligible to receive benefits. Another possibility is that the increased benefits could be funded for a period of time from Trust Fund reserves. Once social security has been terminated, the State may not again extend social security coverage to employees in the coverage group under current provisions. -12- Some employees may feel that social security benefits could be improved at a faster rate than PERS benefits. A noncareer employee who leaves state service with less than five years has no vested right under PERS and would be entitled to social security benefits (and possibly another retirement plan, if any) only through other employment. The task force believes that general revenue financing represents a major departure from the current method of funding. It is therefore probable that sufficient grounds would be available to warrant the State to reenter the Federal program should this occur. Termination with subsequent reentry would increase costs over the current system because social security would become fully supple- mental with possibly some duplication of PERS benefits. -13- IV. IMPACT OF TERMINATION ON INTERESTED GROUPS Summary The impact of termination is difficult to assess. Opposition to termination from interested groups would probably be minimal if (1) adequate substitutes for social security benefits were provided and (2) a proposal for termination clearly delineates the fact that an adequate state retirement system exists. Discussion 1. State employees--Equality of treatment for member groups is difficult to achieve when considering changes to a program such as retirement. During deliberation of SB 249/1971 (PERS 1/50 retirement formula), those employees who retired just prior to its enactment were very unhappy and the benefit increase to a 69-year old employee was far less than a 60-year old employee. The impact on state employees should probably be viewed from at least two vantage points, the career type (who works at least 15-20 years or more) and the noncareer employee. It should be noted that surveys on the subject of termination have not been stratified by these two categories of employees. If adequate substitutes are provided for social security benefits, the majority of career employees are expected to favor termination. This assumption is based not only on economies, but also by the -14- fact that past surveys, which include noncareer employees, favored termination without addressing themselves to sub- stituting social security benefits. The employees' associa- tion has since 1963 favored termination without clearly identifying substitute benefits, although their position has been to utilize all savings to the State to improve benefits generally. It should also be noted that many employees receive very little benefit from the State's (and their own) social security contributions. For example, a substantial but unknown portion of the State's social security costs represent payments in behalf of its female employees (a group constituting approximately 39 percent of the state work force) many of whom, if married, are already eligible for a social security benefit based on the earnings of their retired husbands. The impact of termination on noncareer employees varies depending on the individual situation. Those working for the State for a relatively short period of time, particularly at the end of their working life, and not having accrued a vesting right to another retirement system by virtue of other employment would feel the most adverse effect of termination from social security. Others, particularly those accruing retirement benefits in other employ- ment, would merely incur a break in social security coverage which may, or may not, have a significant adverse effect. With practically no data available on the characteristics of the non- career employees, it is not possible to evaluate the impact of terminating social security coverage for short-term state employees. -15- 2. Legislature and Constitutional Officers--Current members of the Legislature and constitutional officers can participate in social security on an individual optional basis. Chapter 1300, Statutes of 1971, mandatorily requires social security coverage for those who first take office on or after May 1, 1972. Because these officials are regarded as state employees for social security purposes, termination will also remove them from coverage. The question of terminating social security coverage has not been pursued with these officials. 3. Other Public Employers--Should California seek termination from social security coverage, other public employers would most likely be interested in reviewing such action. The mere fact that California is the most populous state would probably motivate other states, with adequate retirement plans of their own, to consider similar action. In California, some small public agencies contracting with PERS have already terminated or are awaiting termination from social security coverage. If termination from social security coverage for state employees were sought, the review of this issue by public agencies (both small and large) would be intensified, particularly those contracting with PERS since Chapter 170, Statutes of 1971 (1/50th formula) also increased the retirement formula for contracting agencies. 4. Social Security System One might conclude that termination from social security coverage may have a fiscal impact on the social security system. Only a cursory review, however, tends to dispel this conclusion. -16- The 1971 Statistical Abstract of the United States shows that in 1969, there were 93 million workers reported with taxable earnings including seasonal and part-time workers. Also in 1969, 6.3 million social security numbers were issued and 6.2 million workers reported taxable earnings for the first time. At the present time, approximately 100,000 state employees are covered by social security, a very negligible portion of all workers covered by the Social Security System. It should be noted that the two-year notice to terminate requirement allows the Social Security System to plan for any cash flow change which may result. 5. Federal Administration--The task force did not have an opportunity to evaluate the impact on the Federal Administration should termina- tion of social security coverage for state employees be sought. It is felt that any concern would probably be political and at the minimum, termination notice should identify the fact that an adequate state retirement system exists. 6. Public Interest--It is believed that the impact of terminating social security coverage for state employees would be negligible as far as the general public is concerned if the proposal clearly delineates the fact that a very adequate state retirement system already exists. It would be unfortunate if any pronouncement of termination were made without the latter explanation and thus cause any shadow of doubt about the fiscal soundness or integrity of the Social Security System. -17- V. COSTS AND BENEFITS OF PERS AND SOCIAL SECURITY AS CONTRASTED WITH PERS SUMMARY The costs and benefits of the two retirement systems are obviously greater than one alone. The following material attempts to focus on this issue in several ways to provide some perspective of costs and benefits. Discussion: Discussions regarding retirement benefits and cost usually fall short of describing the situation in an unbaised fashion. This report attempts to avoid the criticism of either the employer or employee groups by illustrating the costs and benefits of PERS and social security in several different forms. Included below is a list of the various ways in which retirement costs can be viewed. 1. Estimated State Costs (Employer Only) for Social Security from 1970-71 through 1979-80 (Exhibit 3). 2. Social Security Contribution Schedule (Employer or Employee) (Exhibit 4). 3. Maximum Social Security Tax (Employers or Employees). A. Chart Form (Exhibit 5). B. Tabulation (Exhibit 6). 4. Comparison of Benefits: PERS Versus PERS-Social Security Coordinated. A. Narrative Comparison (Exhibit 7) B. Dollar Comparison (Exhibit 8) -18- 5. PERS and Social Security Employee Costs by Types of Employee. A. Clerk II 1. Chart Form (Exhibit 9). 2. Tabulation (Exhibit 10). B. Assistant Analyst 1. Chart Form (Exhibit 11). 2. Tabulation (Exhibit 12). . C. Senior Analyst 1. Chart Form (Exhibit 13). 2. Tabulation (Exhibit 14). -19- EXHIBIT 3 Estimated State Costs for Social Security (1970-71 through 1979-80) Present Law HR 1 Maximum State / Maximum State / Fiscal Employees tax per cost in tax per cost in year covered employee millions employee millions 1970-71 106,161 $405.60 $35.0 - - (actual) 1971-72 110,407 468.00 44.7 - - 1972-73 114,823 508.50 51.4 $550.80 $56.2 1973-74 119,415 508.50 53.7 550.80 58.8 1974-75 124,191 508.50 56.2 632.40 71.5 1975-76 127,917 526.50 61.3 632.40 74.9 1976-77 130,477 526.50 62.7 754.80 92.4 1977-78 133,087 526.50 64.1 754.80 94.5 1978-79 135,749 526.50 65.5 754.80 96.5 1979-80 138,464 535.50 68.1 754.80 98.5 / Employer only--covered employees contributing an equal amount. -20- EXHIBIT 4 SOCIAL SECURITY CONTRIBUTION SCHEDULE (Employer or Employee) I. Current Federal Law Percent of Years Covered Wage Salary 1951-53 $3,600 1.5% 1954-55 3,600 2.0% 1955-56 4,200 2.0% 1957-58 4,200 2.25% 1959-60 4,800 2.5% 1960-61 4,800 3.0% 1962-63 4,800 3.125% 1963-64 4,800 3.375% 1964-66 4,800 3.625% 1966-67 6,600 4.2% 1967-68 6,600 4.4% 1969-70 6,600 4.8% 1971 7,800 5.2% 1972 9,000 5.2% 1973 9,000 5.65% 1974 9,000 5.65% 1975 9,000 5.65% 1976-79 9,000 5.85% 1980-86 9,000 5.95% 1978+ 9,000 6.05% II. Proposed Federal Legislation (HR 1) 1972 10,200 5.4% 1973 10,200 5.4% 1974 C.P.I.1/ 5.4% 1975 6.2% 1976 6.2% 1977+ 7.4% 1/ Covered wage changes as the comsumer price index increases over 3 percent. -21- EXHIBIT 5 MAXIMUM SOCIAL SECURITY TAX (Employers or Employees) Existing Federal Statute Proposed Federal Statute Annual Annual Contribution Maximum Contribution Maximum Covered Rate Employee Covered Rate Employee Year Wage Base (percent) Tax Wage Base (percent) Tax 1961 $4,800 3 $144.00 1962 4,800 3.125 150.00 1963 4,800 3.375 162.00 1964 4,800 3.625 174.00 1965 4,800 3.625 174.00 1966 4,800 4.2 201.60 1967 6,600 4.4 290.40 1968 7,800 4.4 343.20 1969 7,800 4.8 374.40 1970 7,800 4.8 374.40 1971 7,800 5.2 405.60 1972 9,000 5.2 468.00 $10,200 5.4 $550.80 1973 9,000 5.65 508.50 10,200 5.4 550.80 1974 9,000 5.65 508.50 11,4251 5.4 616.95 1975 9,000 5.65 508.50 11,425 6.2 708.35 1976 9,000 5.85 526.50 11,425 6.2 708.35 1977 9,000 5.85 526.50 11,425 7.4 845.45 1980 9,000 5.95 535.50 11,425 7.4 845.45 1985 9,000 5.95 535.50 11,425 7.4 845.45 1/ Covered wage related to the consumer price index when CPI is greater than 3 percent. -22- (Dollar Cost) MAXIMUM SOCIAL SECURITY TAX $1,100 $1,000 $900 $800 $700 -23- $600 $500 $400 $300 $200 9 EXHIBIT $100 1961 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 EXISTING FEDERAL STATUTE PROPOSED FEDERAL STATUTE COMPARISON OF BENEFITS PERS VS PERS--SOCIAL SECURITY COORDINATED (Miscellaneous Members) EXHIBIT 7 Item PERS PERS Social Security Coordination Substitute Benefits I. Service Retire- The allowance depends on length The allowance for the coordinated Restore full formula under ment Allowance of service, age at retirement member consists of two parts: A PERS for future service. The (Nondisability) and final compensation. For benefit from PERS and one from total allowance of employee example: 2.4% X years of ser- Soc. Sec. The PERS allowance is under coordination generally A. Member vice X final compensation computed as indicated in the column exceeds the allowance of the Benefit (highest 3 consecutive years) to the left, less a certain amount employees under PERS only; the at age 63. ($2.67 at age 60; $3.22 at age 65) differential is greatest for for each year of service since those who retire in near future Jan. 1, 1956. The social security There is no precise way to benefit is based on average monthly achieve equivalency. wage under covered employment-- since 1956 for most state employees. B. Wife's None In addition to the above, the Add comparable benefit to PERS. Benefit wife of the coordinated employee may be entitled to a wife's benefit equal to one-half of the employee's social security retirement benefit. If she is also entitled to a social security benefit on her own account she receives the highest one but not both. C. Children's None If the retiree has dependent Add comparable benefit to PERS. children under age 18, some additional social security retire- ment benefits are payable. Item PERS PERS Social Security Coordination Substitute Benefits EXHIBIT 7 II. Disability If incapacitated for perform- The coordinated member is entitled Increase disability benefit to Retirement ance of his job, an employee to the same benefit from PERS 1.8% of final compensation for may retire for disability. without reduction. In addition each year of service. Also The benefit is 1½ percent of he may be entitled to a disability consider adding family benefits final compensation for each retirement benefit from social year of service with an security. The social security improvement in some cases to definition of disability is one-third of final compensation more rigorous than that of PERS. if credited service exceeds ten Benefits are also payable by years. social security for dependents of the disabled worker. II. Survivor Benefits A. Benefits on Death Prior to Retirement 1. Lump The designated beneficiary The beneficiary receives the same Add burial benefit on death Sum receives a sum equivalent benefit from PERS (the amount of before retirement. Death of one month's salary for each the accumulated contributions will Benefit completed year of service to be less since the rate of contri- (burial a maximum of six (paid by bution to PERS is reduced by one- benefit) employer) and return of third on the first $400 of salary). the employee's accumulated Social security pays a lump sum contributions. burial benefit of up to $255. EXHIBIT 7 Item PERS PERS Social Security Coordination Substitute Benefits Benefits on Death Prior to Retirement (cont'd) 2. 1959 In addition to the basic death In lieu of the PERS benefit, the Provide 1959 survivor benefit Survivor benefit, an eligible beneficiary beneficiaries of the coordinated to all employess. Benefit (widow age 62, dependent child member receive comparable sur- alone) is entitled to $180 a vivor benefits from social security. month; two beneficiaries, $360; three or more, $430. 3. 1957 The widow or dependent widower The same 1957 benefit is payable Restore full formula under PERS Survivor of a member age 55 with at least from PERS on death of a coordin- for future service. Benefit five years service may accept nated member. (The amount of the in lieu of the basic death benefit will be smaller since the benefit above a life-time PERS service retirement benefit monthly allowance equal to the member would have been entitled one-half the member's service to receive is reduced.) The social retirement allowance, The security death and survivor benefits 1959 Survivor Benefit is referred to above are payable in payable in addition. addition. B. Benefits on None, unless member reduces Social security survivor benefits are Provide 50% post-retirement Death after service retirement allowance payable plus any benefits payable survivor allowance for active Retirement by selecting an option. from PERS if member has selected an members. Also consider 15% option. increase in retirement benefits for retired members. 1. Survivor Benefits Item PERS PERS Social Security Coordination Substitute Benefits EXHIBIT 7 B. Benefits on Death After Retirement (cont'd) 2. Burial On the death of a retired The PERS benefit is also payable Add benefit provided by Benefit member, PERS provides a on the death of a retired member social security. benefit of $500. who was under the coordinated plan. In addition, he is covered by the social security lump sum benefit of up to $255. IV. Health Insurance No comparable benefits. Hospital benefits--Part A Provide comparable benefits Medicare (Estimated value $31 under Meyers-Geddes Plan. per month). -27- PUBLIC EMPLOYEES' RETIREMENT SYSTEM Comparison of Allowance Results 1/50th to 1/50th Modified and Social Security* Assumptions Male, age 65, retiring 7/1/72 with female beneficiary, age 62 Final Compensation $500.00, $700.00, $900.00, and $1,500.00 Service -- 5 years, 10 years, and 20 years. 1/50th Formula Retired 1/50th Modified Formula and Social Security Final System's Unmodified Total System and System's Unmodified Social Security Benefits Service Compensation Allowance to Member Social Security Allowance, Allowance Total Man Wife Without with Wife's Ben. Wife's Ben. 1. 5 years $ 500.00 $ 60.45 $232.83 $311.83 $ 44.33 $267.50 $188.50 $79.00 -28- 2. 5 years 700.00 84.63 257.01 336.01 68.51 " " 11 3. 5 years 900.00 108.81 281.19 360.19 92.69 11 $7 " 4. 5 years 1,500.00 181.35 353.73 432.73 165.23 It " " 5. 10 years 500.00 120.90 277.16 356.16 88.66 11 11 " 6. 10 years 700.00 169.26 325.52 404.52 137.02 " " #: 7. 10 years 900.00 217.62 353.88 452.88 185.38 " " " 8. 10 years 1,500.00 362.70 518.96 597.96 330.46 " " 11 9. 20 years 500.00 241.80 377.11 456.11 188.61 " 11 " 10. 20 years 700.00 338.52 473.83 552.83 285.33 " " 17 EXHIBIT 8 11. 20 years 900.00 435.24 570.55 649.55 382.05 If " " 12. 20 years 1,500.00 725.40 860.71 939.71 672.21 " " " * Assumes maximum social security benefits. (Dollar Cost) CLERK II PERS AND SOCIAL SECURITY COSTS $1,600 $1,400 $1,200 -29- $1,000 $800 $600 $400 6 LIBIHXE $200 1961 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 EXISTING FEDERAL STATUTE PROPOSED FEDERAL STATUTE CLERK II PERS AND SOCIAL SECURITY COSTS Monthly Annual Current Federal Statute Proposed Federal Statute Wage Wage Year PERS Soc. Sec. TOTAL PERS Soc. Sec. TOTAL $358 $4,296 1961 159 129 288 395 4,740 1962 175 148 323 395 4,740 1963 175 160 355 419 5,028 1964 190 174 364 419 5,028 1965 190 174 364 429 5,148 1966 197 202 399 440 5,280 1967 204 232 436 458 5,496 1968 216 242 458 480 5,760 1969 231 276 507 505 6,060 1970 247 291 538 530 6,360 1971 299 331 630 556 6,672 1972 467 347 814 467 360 827 556 6,672 1973 467 375 842 467 360 827 570 6,840 1974 478 386 864 478 369 847 584 7,008 1975 491 396 887 491 434 925 598 7,176 1976 502 420 922 502 445 947 613 7,356 1977 515 430 945 515 544 1,059 660 7,920 1980 554 471 1,025 554 586 1,140 747 8,964 1985 627 533 1,160 627 663 1,290 EXHIBIT 10 ollar Cost) ASSISTANT ANALYST PERS AND SOCIAL SECURITY COSTS $2,200 $2,000 $1,800 $1,600 $1,400 8- $1,200 $1,000 $800 EXHIBIT 11 $600 $400 1961 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 EXISTING FEDERAL STATUTE PROPOSED FEDERAL STATUTE ASSISTANT ANALYST PERS AND SOCIAL SECURITY COSTS Monthly Annual Current Federal Statute Proposed Federal Statutes Wage Wage Year PERS Soc. Sec. TOTAL PERS Soc. Sec. TOTAL $644 $7,728 1961 340 144 484 676 8,112 1962 361 150 511 676 8,112 1963 361 162 523 717 8,604 1964 388 174 562 717 8,604 1965 388 174 562 790 9,408 1966 433 202 635 829 9,948 1967 463 290 753 863 10,356 1968 485 343 828 905 10,860 1969 513 374 887 950 11,400 1970 543 374 917 998 11,976 1971 651 406 1,057 1,048 12,576 1972 880 468 1,348 880 551 1,431 1,048 12,576 1973 880 509 1,389 880 551 1,431 1,074 12,888 1974 902 509 1,411 902 617 1,519 1,100 13,200 1975 924 509 1,433 924 708 1,632 1,128 13,536 1976 948 527 1,475 948 708 1,656 1,156 13,872 1977 971 527 1,498 971 845 1,816 1,245 14,940 1980 1,046 536 1,582 1,048 845 1,893 1,408 16,896 1985 1,183 536 1,719 1,183 845 2,028 EXHIBIT 12 (Dollar Cost) SENIOR ANALYST PERS AND SOCIAL SECURITY COSTS $3,000 -33- $2,600 $2,200 $1,800 $1,400 $1,000 EXHIBIT 13 $600 1961 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 EXISTING FEDERAL STATUTE PROPOSED FEDERAL STATUTE SENIOR ANALYST PERS AND SOCIAL SECURITY COSTS Monthly Annual Current Federal Statute Proposed Federal Statute Wage Wage Year PERS Soc. Sec. TOTAL PERS Soc. Sec. TOTAL $950 $11,400 1961 543 144 687 998 11,976 1962 575 150 725 998 11,976 1963 575 162 737 1,058 12,676 1964 615 174 789 1,058 12,696 1965 615 174 789 1,166 13,992 1966 687 202 889 1,225 14,700 1967 726 290 1,016 1,275 15,300 1968 759 343 1,102 1,337 16,044 1969 800 374 1,174 1,405 16,860 1970 845 374 1,219 1,475 17,700 1971 1,010 406 1,416 1,548 18,576 1972 1,300 468 1,768 1,300 551 1,851 1,548 18,576 1973 1,300 509 1,809 1,300 551 1,851 1,587 19,044 1974 1,333 509 1,842 1,333 617 1,950 1,627 19,524 1975 1,367 509 1,876 1,367 708 2,075 1,668 20,016 1976 1,401 527 1,928 1,401 708 2,109 1,710 20,520 1977 1,436 527 1,936 1,436 846 2,282 1,842 22,104 1980 1,547 536 2,083 1,547 846 2,393 2,082 24,984 1985 1,749 536 2,285 1,749 846 2,595 EXHIBIT 14 VI. POTENTIAL FUTURE CHANGES IN FINANCING THE SOCIAL SECURITY PROGRAM Summary It is nearly impossible to predict what the future method of financing the Social Security program will be. Yet, future cost and benefits of the Social Security program should be considered in determining termi- nation of social security coverage. The most commonly discussed changes are encompassed in HR 1 (the major social security bill now pending in the U. S. Senate). Other possible future changes are contingency, reserve financing and general revenue financing. Discussion and Facts A. HR 1 (the major social security bill now pending the Senate). Under Federal legislation (HR 1), which has already passed the House and is now being considered by the U. S. Senate Finance Committee, the social security wage base will be raised from $9,000 to $10,200 and the tax rate will be increased in scheduled increments from 5.2 percent in 1973 to 7.4 percent in 1977, at which time the maximum employer-employee contribution would be $1,509.60. A major feature of HR 1 is a provision for automatic increases in social security allowances equal to the percentage of change in the cost of living if the cost-of-living index increases 3 percent or more in a year. Both the taxable wage base and tax rates are subject to automatic upward adjustment to fund the cost-of-living increases. If HR 1 is enacted with possibly some change in its present form, employer and employee costs would escalate at an even greater rate than in the past. _35_ B. Contingency-Reserve Financing Use of contingency-reserve financing for the Social Security program has also been discussed. Under this financing arrange- ment, contribution rates would be set no higher than the level needed to pay current benefits and administrative expenses, and to maintain the trust funds at approximately the level of 1 year's benefit payments. (Present law provides for a schedule of increasing contribution rates which build up interest-earning trust funds. However, in the past and before these trust funds have accumulated, Congress has either postponed increases in the contribution rates or has increased benefits.) Under contingency-reserve financing, benefits could be adjusted to increases in the cost of living (as long as maximum creditable earnings are also increased as wages rise), but contribution rates would not have to be increased until about the year 2010, when the retired population will be larger relative to the employed population since those born during the high-birth-rate years following World War II will have reached age 65. C. General Revenue Financing A possible future change, which would substantially increase the value of social security protection in relation to social security contributions, is the financing of a substantial part of the protection from general revenues. Under present law, general Federal revenues are used to finance: (1) special transitional age-72 payments for uninsured people; (2) noncontributory wage -36- credits for servicemen; (3) transitional hospital insurance benefits for uninsured workers who become age 65 before 1975; and (4) one-half of the cost of the supplementary medical insurance program. Major considerations for using general Federal revenues to help finance regular social security benefits are that full-rate benefits are provided for people who were already older when their work was first covered by the program and who will not contribute to the program over a full working lifetime, and that social security benefits are weighted in favor of workers with lower average covered earnings. -37- VII. COST OF REPLACEMENT RETIREMENT BENEFITS DUE TO TERMINATION FROM SOCIAL SECURITY Summary Generally, existing social security benefits can be replaced with comparable benefits in PERS. The estimated cost of subsitute type benefits in PERS is $56,800,000 in 1975 when termination could become effective. Discussion and Facts State employees with social security coverage receive a greater retirement benefit than those who are not covered by social security. In order to reduce the effect of benefit impairment due to termination from social security, it may be necessary to improve benefits under PERS for those employees who were previously covered by social security. It should be emphasized that replacement benefits may not necessarily be dollar for dollar benefit equivalents to what social security provides. Never- theless, at least the first four of the benefits listed below could be viewed as a substitute for social security benefits. -38- Retirement Projected Rate Annual Annual Increase Cost Cost 1972 1975 1. Elimination of the social security modification which applies to the PERS benefit. 0.427% $5,900,000 $6,900,000 2. (a) 50 percent of retired members allowance to surviving spouse (active members only) 2.073 28,800,000 33,400,000 (b) 15 percent increase to retire- ment benefit for retired members who 0.300 4,200,000 4,800,000 chose option 3 or 4. 2.373% $33,000,000 $38,200,000 3. Extension of 1959 Survivor Benefits to members now covered by social security (a) Member pays $2.00/month 0.450% $6,300,000 $7,200,000 (b) Additional if state pays $2.00/month 0.250 3,500,000 4,000,000 4. Post retirement death benefits: Increase post retirement benefit from $500 to $750 0.033 500,000 500,000 Sub Total 1 through 4 3.533% $49,200,000 $56,800,000 5. 12 months pay for preretirement death 0.210% $2,900,000 $3,400,000 6. Increase disability retirement benefits from 1.5% of pay per year of service to 1.8% 0.028 400,000 500,000 7. Increase cost of living adjustment to 3 percent per year (a) Assume 2½ percent average 0.7 9,500,000 11,300,000 (b) Assume 3 percent average 1.4 19,000,000 22,500,000 -39- VIII. SUBSTITUTE FOR MEDICARE COVERAGE Summary Most of the State's current health plans would have to increase benefit levels to meet the current level of care provided by Part "A" (hospital) of Medicare. This would not be an immediate cost be- cause state employees retiring within the next 10-15 years already meet the minimum requirements for Medicare coverage. At some future point in time, State would have to increase its contribution towards the cost of a health benefit plan for persons age 65 or older. In 1972-73, the State pays $16 per month towards the cost of health plans. Social security-supported Medicare (Part "A") currently costs approximately $31 per month. Discussion and Facts Medicare Part "A" (Exhibit 15) represents the hospital insurance por- tion of the plan and is funded by the social security premium. Currently, a person must have a certain number of quarters of social security coverage to participate in Medicare Part A. The number of social security quarters needed for Medicare varies by year of birth. However, a person born after 1909 needs the same number of quarters coverage for Medicare as for the social security cash benefits. Medicare Part "B" (Exhibit 15a) is the medical insurance portion of the program; coverage is optional to persons over 65 years old (no social security coverage required). - 40 - The Social Security Administration currently estimates that Medicare benefit under Part "A" for a person covered by social security costs approximately $31.00. California during the 1972-73 fiscal year will contribute up to $16/month towards the health insurance coverage for an active employee or an annuitant. If the State were to terminate social security coverage, there could be a need for an improvement to the benefits in some of the Meyers- Geddes Health Plans in the future. PERS reports that the plans currently available for state employees which would meet the current level of care provided under Medicare are Kaiser North and Kaiser South. Roos-Loos plans would come close to meeting the benefit levels, and with some improvements in benefits, the California Western/Occidental Statewide Indemnity plan plus major medical and the Blue Cross-Blue Shield plan plus major medical would relate closely to Medicare. This would also be true of the County Founda- tion plan. In terms of the state's responsibility and relationship with its employees, should social security be terminated and thereby eliminate the element of Medicare, the following premises should be noted: 1. Employees who did not coordinate with social security would have no eligibility for Medicare other than through non-state covered employment. 2. Employees who did coordinate with social security would in all likelihood have adequate quarters to be eligible for Medicare and therefore, no responsibility -41- would be required of the State other than con- tinuation of its own health plans. 3. State employees hired since social security coordi- nation have all been required to be members of social security, therefore, in many instances these employees would have adequate number of quarters of coverage to be eligible for Medicare. 4. For continuing new employees, some means would need to be developed to bring the state plans up to the level of Medicare if this were a requirement of dropping social security. It is impossible at this time to either determine the number of these people or the money affect. In conclusion, there is no responsibility for the noncoordinated employee; the coordinated employee will have adequate number of quarters of social security coverage; employees hired since the State contracted for social security will in the main also have developed adequate quarters of coverage. It does not appear that this is a major problem for the group of employees who may not have established sufficient quarters to be eligible for Medicare and the need for some provision of additional state benefits is perhaps 15 years away. It is impossible at this time to predict what will happen to Medicare or any other Federal-type or even state health program. -42- Exhibit 15 MEDICARE HEALTH PLAN BENEFITS TITLE 18 OF THE SOCIAL SECURITY ACT I. Hospital Insurance (Part A) A. Benefits 1. Subject to deductible of $68.00 per spell of illness. 2. 90 days' room and board per spell of illness, regular benefit (first 30 days paid in full, 61st through 90th day co-pay of $17.00 per day). 3. 60-day lifetime room and board benefit ($34.00 per day co-pay). 4. 190-day lifetime room and board benefit for psychiatric care. 5. Christian Science limited as hospital or Extended Care Facility (90 days as hospital plus 30 days as Extended Care Facility). Medicare pays only $2.75 per day during the lifetime reserve. 6. Semi-private room. 7. Nursing care, regular and intensive. 8. Drugs furnished by the hospital. 9. Laboratory tests. 10. X-ray and radiology. 11. Medical supplies (splints, casts, etc.). 12. Operating room charges. 13. Appliances (wheelchairs, crutches, etc.). 14. Medical social services. B. Exclusions - Hospital 1. Personal comfort or convenience items. 2. Private-duty nursing. 3. Private room, unless medically indicated. 4. Doctors' services. 5. Custodial care. 6. Non-participating and non-qualifying hospitals have other limitations. C. Post-Hospital Extended Care 1. 100 days per spell of illness. 2. Co-payment of $8.50 per day for the 21st through the 100th day. 3. Semi-private room. 4. General nursing care. 5. Physical, occupational and speech therapy. 6. Drugs ordinarily furnished. 7. Medical supplies, splints, casts, etc. 8. Medical services. 9. Diagnostic services. 10. Therapeutic services. -43- Exhibit 15 D. Exclusions - Post-Hospital 1. Physicians' fees. 2. Services not generally provided. 3. Institutions excluded by definition. 4. Drugs and biologicals not usually provided. E. Post-Hospital Home Health Care 1. 100 days between benefit periods, provided within 365 days after discharge from hospital or Extended Care Facility. 2. Part-time nursing care. 3. Physical, occupational or speech therapy. 4. Medical supplies (no drugs). 5. Use of medical appliances. F. Exclusions - Post-Hospital Home Health Care 1. Doctors' visits. 2. Drugs. -44- Exhibit 15a MEDICARE HEALTH PLAN BENEFITS TITLE 18 OF THE SOCIAL SECURITY ACT II. Medical Insurance (Part B) A. Benefits 1. Subject to deductible of $50.00 annually. 20 percent co-payment thereafter. 2. Services of Physicians, Podiatrists, Osteopaths, Pathologists, Radiologists and Anesthesiologists. 3. Dental surgery or treatment for fractures. 4. Home health visits up to 100 per calendar year. 5. Out-patient diagnostic, X-ray and laboratory benefits. 6. Therapy X-ray, radium, radioactive isotopes. 7. Surgical dressings, splints, casts, etc. 8. Ambulance. 9. Purchase or rental of durable equipment. 10. Prosthetic devices other than dental. 11. Braces, artificial arms, legs, eyes, etc. 12. Blood (after first three pints). 13. Out-patient psychiatric care up to $250.00 or 50 percent after deductible, whichever is smaller (per calendar year). 14. Out-patient diagnosis and treatment. 15. Physical therapy. B. Exclusions 1. Personal and comfort items. 2. Routine check-up. 3. Glasses or routine examinations for glasses. 4. Hearing aids or examinations for hearing aids. 5. Routine immunizations. 6. Orthopedic shoes. 7. Cosmetic surgery. 8. Routine dental and foot care. 9. Self-administered drugs. 10. Private-duty nursing. 11. Services by government agencies. 12. Services by relative or member of household. 13. Cases eligible for Workman's Compensation. -45- IX. AGE AND SALARY CHARACTERISTICS OF THE STATE EMPLOYEE WORK FORCE Summary In 1968, the majority of male state employees were earning between $600 and $1,000 per month. The salary range for female employees was slightly lower--$400 to $800 per month. The greatest number of employees were grouped around the 40-year age bracket and had accumulated approximately 10 years of state service. Noncareer state employees generally terminate their employment during the first five years. Discussion and Facts In 1968, most state employees earned a monthly salary which ranged from $400 to $1,000. (Exhibits 16 and 17). However, over 50 percent of the state work force at that time earned $750 or less per month. The 1968 data compiled by the State Personnel Board is the latest information accumulated in this manner. In viewing this 1968 data, one should bear in mind that salary increases were granted in 1969 and 1970. The State Personnel Board reports that in 1971 the average salary for state civil service employees was $851 per month. (Exhibit 18). The 1968 data is presented, however, to provide some insight into the salary and age characteristics at the State's work force at a point in time. -46- For the employee that earns $750 or less per month, retirement contributions by both PERS and social security are computed on his total salary. The contribution to PERS is 7 percent of total salary; the social security rate for 1972 is 5.2 percent of the first $9,000 of earnings. Only the rate of contribution con- tinues to increase under the current social security statute. Both the rate of contribution and the covered wage in the Social Security Program will increase under the proposed Federal Statute HR-1. For the lower paid employee, total retirement contributions currently approximate 11 percent of his gross salary. The greatest number of state employees fall in the 30-55 age bracket. (Exhibit 19). The retirement system reports that only about 20 percent of the work force enters state service at an early age and stays with the State until retirement. The greatest amount of state employee turnover appears to occur during the first five years of state service. (Exhibits 20-23). -47- Exhibit 16 NUMBER OF FULL-TIME CIVIL SERVICE EMPLOYEES BY SALARY, AGE, AND SEX (AS OF JULY 1, 1968) Age Groups in Years Monthly Salary Sex 18-24 25-34 35-44 45-54 55-64 Over 65 Total $200 and under $400 Male 151 33 15 15 9 1 224 Female 664 113 60 56 16 1 910 TOTAL 815 146 75 71 25 2 1,134 $400 and under $600 Male 1,593 3,108 1,762 2,094 1,574 198 10,329 Female 3,450 4,904 4,985 7,229 4,409 394 25,371 TOTAL 5,043 8,012 6,747 9,323 5,983 592 35,700 $600 and under $800 Male 1,133 7,620 4,442 5,118 2,778 212 21,303 Female 315 1,196 1,483 2,641 1,729 111 7,475 TOTAL 1,448 8,816 5,925 7,759 4,507 323 28,778 $800 and under $1,000 Male 88 4,715 6,259 4,954 2,401 193 18,610 Female 42 633 641 966 729 64 3,075 TOTAL 130 5,348 6,900 5,920 3,130 257 21,685 $1,000 and under $1,200 Male 0 614 1,896 2,013 1,077 98 5,698 Female 0 32 149 275 233 29 718 TOTAL 0 646 2,045 2,288 1,310 127 6,416 $1,200 and under $1,400 Male 1 268 1,120 1,027 497 35 2,948 Female 0 24 28 66 47 4 169 TOTAL 1 292 1,148 1,093 544 39 3,117 $1,400 and under $1,600 Male 0 36 511 704 432 49 1,732 Female 0 1 16 24 24 8 73 TOTAL 0 37 527 728 456 57 1,805 $1,600 and under $1,800 Male 0 22 211 342 276 49 900 Female 0 0 5 7 14 0 26 TOTAL 0 22 216 349 290 49 926 $1,800 and under $2,000 Male 0 6 111 153 168 41 479 Female 0 0 7 7 12 6 32 TOTAL 0 6 118 160 180 47 511 $2,000 and under $2,200 Male 0 2 50 86 104 40 282 Female 0 0 3 6 8 1 18 TOTAL 0 2 53 92 112 41 300 $2,200 and under $2,400 Male 0 0 31 50 48 14 143 Female 0 0 0 1 2 1 4 TOTAL 0 0 31 51 50 15 147 TOTALS Male 2,966 16,424 16,408 16,556 9,364 930 62,648 Female 4,471 6,903 7,377 11,278 7,223 619 37,871 TOTAL 7,437 23,327 23,785 27,834 16,587 1,549 100,519 Source: California Personnel Statistics, compiled and released by California State Personnel Board, 1968 -48- Number of Employees (Thousands) 40 NUMBER OF FULL-TIME CIVIL SERVICE EMPLOYEES BY SALARY AND SEX (As of July 1, 1968) 35 30 25 -49- 20 15 10 5 Total All Employees Female Male 0 Exhibit 17 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,200 2,400 Monthly Salary Source: California Personnel Statistics Compiled and Released By California State Personnel Board, 1968 Exhibit 18 AVERAGE SALARY FOR STATE CIVIL SERVICE EMPLOYEES July 1, 1961 - July 1, 1971 Number Full- Weighted Year Time Employees* Average 1961 79,501 $507 1962 82,044 545 1963 87,005 549 1964 90,637 590 1965 93,794 625 1966 98,462 656 1967 99,180 707 1968 101,363 751 1969 102,429 793 1970 101,789 841 1971 100,688 851 * Does not include trade rate employees or employees receiving only maintenance for self. Source: Statistical Supplement to SPB 1971 Annual Report -50- Exhibit 19 NUMBER OF FULL-TIME CIVIL SERVICE EMPLOYEES BY AGE (As of July 1, 1968) Thousands 28 26 24 22 20 18 16 14 12 10 8 6 4 2 18 25 35 45 55 65 and over Age Source: California Personnel Statistics Compiled and Released By California State Personnel Board, 1968 -51- Exhibit 20 LENGTH OF STATE SERVICE OF MALE AND FEMALE FULL-TIME CIVIL SERVICE EMPLOYEES (AS OF JUNE 30, 1968) Cummulative Months of Service Male Female Total Total 0 - 5 2,585 2,204 4,789 4,789 6 - 11 2,270 1,769 4,039 8,828 12 - 17 1,502 1,130 2,632 11,460 18 - 23 2,660 2,152 4,812 16,272 Years and Months of Service 2 - 2/11 4,896 3,320 8,216 24,488 3 - 3/11 4,223 2,510 6,733 31,221 4 - 4/11 3,988 2,380 6,368 37,589 5 - 9/11 15,878 10,056 25,934 63,523 10 - 14/11 10,994 6,176 17,170 80,693 15 - 19/11 6,918 3,436 10,354 91,047 20 - 24/11 3,984 1,592 5,576 96,623 25 and over 2,750 1,146 3,896 100,519 Source: California Personnel Statistics, compiled and released by California State Personnel Board, 1968. -52- Exhibit 21 STATE OF CALIFORNIA DEPARTMENT SEAL OFA THE STATE PERSONNEL STATISTICS THE OF Compiled and released by CALIFORNIA CALIFORNIA STATE PERSONNEL BOARD TABLE 11 LENGTH OF STATE SERVICE OF MALE AND FEMALE FULL-TIME CIVIL SERVICE EMPLOYEES AS OF JUNE 30, 1968 MONTHS OF SERVICE MALE % FEMALE % TOTAL % CUMMULATIVE TOTAL % 0-5 3.5 5.2 4.1 4.1 6-11 3.6 4.7 4.0 8.1 12-17 2.4 3.0 2.6 10.7 18-23 4.3 5.7 4.8 15.5 YEARS AND MONTHS OF SERVICE 2-2/11 7.8 8.8 8.2 23.7 3-3/11 6.8 6.6 6.7 30.4 4-4/11 6.4 6.3 6.3 36.7 5-9/11 25.2 26.5 25.7 62.5 10-14/11 17.6 16.3 17.1 79.6 15-19/11 11.0 9.1 10.3 89.9 20-24/11 6.4 4.2 5.6 95.4 25 AND OVER 5.1 3.7 4.6 100.0 PERCENTAGES MAY NOT TOTAL TO 100.0 DUE TO ROUNDING YEARS OF STATE SERVICE OF MALE AND FEMALE FULL-TIME CIVIL SERVICE EMPLOYEES COMPARED WITH MEDIAN YEARS ON THE JOB OF ALL PERSONS EMPLOYED IN THE U.S. MALES FEMALES FULL-TIME STATE CIVIL SERVICE YEARS OF SERVICE YEARS OF SERVICE FIRST QUARTILE 3.5 2.7 MEDIAN 7.7 6.5 THIRD QUARTILE 14.0 12.0 ALL PERSONS EMPLOYED IN THE U.S. MEDIAN 5.7 3.0 BURFAU OF LABOR STATISTICS - MONTHLY LABOR REVIEW. OCTOBER 1963. PAGE 1149. Number of Employees Thousands NUMBER OF FULL-TIME CIVIL SERVICE EMPLOYEES BY LENGTH OF SERVICE AND SEX 18 (As of July 1, 1968) 16 14 12 10 8 6 4 Exhibit 22 2 Male Female 0 2 3 4 5 10 15 20 25 and over Length of Service (Years) Source: California Personnel Statistics Compiled and Released by California State Personnel Board 1968 Exhibit 23 STATE OF CALIFORNIA PERSONNEL STATISTICS COMPILED AND RELEASED BY- CALIFORNIA STATE PERSONNEL BOARD Table 20 SEMIANNUAL REPORT OF: SEPARATIONS FOR CALIFORNIA STATE EMPLOYEES FOR THE PERIOD JANUARY 1, 1971 THROUGH JUNE 30, 1971 ISSUED: August 11, 1971 COMPARISON OF AVERAGE MONTHLY SEPARATION & VOLUNTARY SEPARATION RATES FOR THE FISCAL YEARS 1963-64 THROUGH 1970-71 RATE 2.5 TOTAL SEPARATION 2.0 1.5 VOLUNTARY SEPARATION 1.0 .5 63-64 64.65 65-66 66-67 67-68 68-69 69-70 70-71 71-72 YEAR 55 X. SCOPE OF SOCIAL SECURITY COVERAGE FOR PUBLIC EMPLOYEES IN CALIFORNIA AND OTHER STATES The U.S. Department of Health, Education, and Welfare reports that as of March, 1968, approximately 68 percent of the 9.2 million employees of state and local governments in the 50 states were covered under social security. It is the belief of the Public Employees' Retirement System that new requests for social security coverage are leveling off in California and in other states because agencies which desired coverage have now joined the system. New requests for coverage relate primarily to agencies that do not have other retirement systems and to public agencies that have recently come into existence. Discussion and Facts A. California As of June 30, 1971, 2,631 public agencies and 457,509 public agency employees were covered by social security in California (See Exhibit 24) There are approximately 6,000 public agencies in the State of California. 55 (94 percent) counties out of 58 counties are covered under social security. 304 (74.8 percent) cities out of 406 cities are covered under social security; all noncerti- ficated school districts employees in the State are covered under social security. Only the school teachers who belong to the San Francisco Retirement System are covered by social security. " In the last five years on an average, an additional 25 public agencies have extended social security coverage to their employees each year. Exhibit 25 shows the trend of covered employees since 1959. B. Other States The U.S. Department of Health, Education, and Welfare reported in 1968 that of the 2.4 million state employees, 11 percent were covered under social security only while 61 percent were covered under social security and another retirement plan. The Depart- ment of Health, Education, and Welfare also reports that employment in state and local governments has continued to rise at an average annual rate of about 5 percent. Predictably, social security coverage has increased at about the same rate. The Public Employees' Retirement System conducted a separate survey in 1971 of other state retirement plans. Thirty-eight other states and one U.S. Territory responded to the questionnaire. The survey indicated that 9 (23.6 percent) states did not partici- pate in social security. Twenty-nine (76.3 percent) of the states contracted for social security coverage. The survey further illustrated that 26 states treated social security as a fully supplemental benefit to the state retirement allowance; 3 states credited the social security benefit as a partial or full offset to the state retirement benefit. California regards the social security benefit as a partial offset to the PERS retirement allowance. A tabulation of this survey, including retirement formulae, employee contribution percentage, final compensation base, and age is included in Exhibit 26. Exhibit 24 PUBLIC EMPLOYEES' RETIREMENT SYSTEM EMPLOYERS AND EMPLOYEES COVERED, JUNE 30, 1971 Number of Number of Employers Employees By Public Employer State of California 1 99,955 University of California 1 3,507 Cities 304 43,536 Counties (Including San Francisco City and County) 55 145,680 School Districts 1,096 124,321 Other Public Employers 1,174 40,510 Totals 2,631 457,509 1. By Retirement System Public Employees' Retirement System State State 1 99,955 University of California 1 3,507 Total 2 103,462 Public Agencies Cities 181 27,344 Counties 34 31,856 School Districts1 1,095 118,579 Other Agencies 230 12,274 Total 1,540 190,053 1937 Act County Retirement Systems Counties 18 101,308 Other Agencies 61 1,835 Total 79 103,143 Other Retirement Systems Cities 51 14,626 Counties (including San Francisco City and County) 3 12,516 School District (San Francisco Unified) 1 5,742 Other Agencies 132 14,705 Total 187 47,589 Total Covered by Retirement System 1,808 444,2472 2. Employers and Employees Covered Not in a Retirement System Cities 72 1,566 Other Agencies 751 11,696 Total 823 13,262 Grand Total 2,631 457,509 1/Adjusted for inactive districts. 2/Includes nonmembers in positions covered by retirement systems. Exhibit 25 CHART C- SOCIAL SECURITY COVERAGE CALIFORNIA PUBLIC EMPLOYEES 1959 1960 1961 1962 FISCAL YEARS ENDED JUNE 30 1963 1964 1965 1966 1967 1968 1969 1970 1971 0 100 200 300 400 (thousands) Exhibit 26 RETIREMENT ALLOWANCES--OTHER STATES SOCIAL SECURITY Offset to Employee Final State Contr. Retirement Compen. Supple- No Retiremen State Rate % Rate % Base Yrs. mental Coverage Allowance Alabama 4 1½ 5 X Alaska 3½ 2 3 X Arizona X Arkansas 5 1½ 5 X California 7.17 2 3 Partial Colorado 7 2.5 5 X Connecticut 5 2 3 Partial Delaware Non cont. 1/60th 5 X Florida 6 2 highest X X 4 10 Guam 6 1½ average X Hawaii 6 2 5 X Illinois 7½ 1/60th Full Indiana 3 1.17 + average X annunity Iowa 3½ 1.45 not known X Kansas 4 1.25 not known X Kentucky 4 1½ 5 X Louisiana 6 2 5 X Maine 6.14 1/60th 3 X Maryland sex-age 1/60th 5 X Massachusetts 5 2½ 3 X Michigan 3-5 1-1/½ 5 X Mississippi 4½ 1 1/2 5 X Missouri 4 1 5 X Montana 5-3/4 1/70th 5 X Nevada 6 2½-1½ 3 X New Hampshire sex-age 1/60th + 5 X New Jersey sex-age 1/60th 5 X New Mexico 5 2 5 New York non cont. 1/60th 5 X N. Carolina 5-6 1½ 5 Partial Ohio 7.7 1.9 5 X Oklahoma 4 1½ 5 X Rhode Island 5 1.7-2.4 3 X S. Carolina 4-6 1-1½ 3 X S. Dakota 3-5 1 X Tennessee 7 1-3/4 5 X Texas 5 1½-1-3/4 5 X Utah 4-3/4 1 5 X Vermont sex-age 1/70th 5 X W. Virginia 4½ 2 3 X -60- XI. WITHDRAWAL EXPERIENCE OF PUBLIC EMPLOYERS--TRENDS Summary From personal contacts by the Public Employees' Retirement System's staff with public agencies considering termination of coverage, it appears the prime concern is the dollar savings. Annually, the Legislature considers numerous proposals to extend "safety" coverage to additional state employee groups. Historically, the pattern has been to withdraw social security coverage for groups granted safety membership in PERS. There is no requirement in either Federal or state law for an election among the employees to terminate social security coverage. Discussion and Facts A. Other States As of March 1, 1972, no state employees (excluding firemen and policemen) in the various states that provide social security coverage have withdrawn from social security coverage. B. California Public Agencies In California, 51 public agencies have withdrawn from social security coverage affecting 5601 employees. Forty public agencies with 5390 employees have requested termination and are now in the two-year waiting period before termination of coverage is effective. The agencies requesting termination of coverage include 37 cities and 36 fire districts. The pattern is for the employee groups to request the employer to terminate coverage to permit the agency to use the dollar savings to extend safety member benefits to the policemen and/or firemen classifications in the agency. Some agencies contract for retirement plans and apply the savings from the termination of social security to the cost of the retire- ment plans. Since the enactment of Chapter 170, Statutes of 1971 (SB 249) some agencies have indicated that since they were mandatorily covered under the increased retirement formula, they look to the termination of social security to make up the dollar difference in costs of fringe benefits. Some of the agencies covered under PERS that have terminated social security coverage are amending their contracts to add the half continuance payments to surviving spouses. The agencies under PERS are also adding the 1959 survivors coverage if they do not already have it. Exhibit 27 indicates the agencies that have terminated coverage or are in process of terminating coverage. Exhibit 28 also indicates the termination activity by fiscal year. C. California State Employees There is a historical pattern for state employee groups granted safety membership in PERS to withdraw from social security coverage. Federal regulations permit such withdrawal when employees are designated as policemen or firemen positions for social security purposes. At the present time, safety members still covered by social security are Corrections and Youth Authority employees which were granted safety membership in 1971, Institutional Firemen which were granted safety membership in 1972, and Lifeguards. The primary difference between the safety and miscellaneous member of PERS concerns earlier retirement, survivors and disability benefits. The safety member is covered by more liberal benefits which are financed by the employers contri- butions to the retirement fund. It is difficult to evaluate the motivation to seek termination from social security coverage by the safety membership groups. It can be assumed that the major motivation is: (1) the earlier retirement age allows post retirement employment in some form or another under social security coverage to at least earn some social security benefits; and (2) the improved benefits, par- ticularly the post retirement survivor benefit, is considered sufficient so as to realize the savings to the employee from discontinuing social security contributions. Exhibit 29 shows the various safety groups, their retirement formulas, contribution rates, and social security status. -62- Exhibit 27 SCHEDULE OF CALIFORNIA PUBLIC AGENCIES REQUESTING VOLUNTARY TERMINATION OF SOCIAL SECURITY COMPLETED PENDING TOTAL COUNTIES 1 1 CITIES 19 18 37 FIRE DISTRICTS 17 19 36 OTHER AGENCIES 14 3 17 TOTAL 51 40 91 -64- Exhibit 27 SCHEDULE OF CALIFORNIA PUBLIC AGENCIES REQUESTING VOLUNTARY TERMINATION OF SOCIAL SECURITY NUMBER OF AGENCY EFFECTIVE DATE EMPLOYEES Rodeo Fire Prot. District 9/30/59 3 Vista Local Fire District 6/30/63 13 Spring Valley Local Fire Dist. 6/30/65 22 Anza Fire Prot. District 6/30/66 3 Danville Fire District 6/30/67 28 Brentwood, City of 9/30/67 40 Vallejo Sani. & Flood Control 9/30/67 40 Montclair, City of 3/31/68 99 Novato, City of 3/31/68 66 Ashland County Fire Prot. Dist. 3/31/68 16 Encinitas Fire Prot. District 3/31/69 30 Barstow, City of 6/30/69 321 Castro Valley Co. Fire Prot. Dist. 6/30/69 40 Tehama County Mosq. Abate. Dist. 9/30/69 5 Oxnard, City of 9/30/69 360 Sylvan Cemetery District 9/30/69 3 Tustin, City of 9/30/69 107 South Coast County Water Dist. 9/30/69 11 South Laguna Sani. District 9/30/69 13 Cherryland Fire Prot. District 9/30/69 14 Palos Verdes Estates, City of 12/31/69 70 San Dieguito Irrigation Dist. 3/31/70 39 Point Montera Fire Prot. Dist. 3/31/70 5 Greater Vallejo Rec. District 3/31/70 33 Exhibit 27 Voluntary Terminations Social Security NUMBER OF AGENCY EFFECTIVE DATE EMPLOYEES West Covina, City of 3/31/70 360 Santa Clara County Flood Cont. & Wtr. 6/30/70 226 Claremont, City of 6/30/70 136 Los Altos, City of 6/30/70 216 Live Oak Fire Prot. Dist. 6/30/70 16 Half Moon Bay Fire Prot. 9/30/70 12 San Rafael, City of 9/30/70 365 Belmont Fire Prot. Dist. 12/31/70 34 Idyllwild Fire Prot. Dist. 12/31/70 5 Orange Co. Wtr. Wks. Dist. #8 12/31/70 3 Mountain View, City of 12/31/70 237 Santa Rosa, City of 12/31/70 602 Napa, County of 6/30/71 492 Stanton, City of 6/30/71 114 Benicia, City of 6/30/71 110 Pleasant Hill, City of 6/30/71 79 Orange County Law Library 6/30/71 9 Estero Muni. Improve. Dist. 6/30/71 141 Waterloo-Moranda Rural Co. Fire 6/30/71 10 Area E Civil Defense & Disaster 9/30/71 2 Chino, City of 9/30/71 115 Orange, City of 9/30/71 612 Carmichael Fire District 9/30/71 53 Sanitary Dist. #6 of Marin Co. 9/30/71 16 Baldwin Park, City of 12/31/71 216 -66- Exhibit 27 Voluntary Terminations Social Security NUMBER OF AGENCY EFFECTIVE DATE EMPLOYEES Mojave Water Agency 12/31/71 6 Salinas Rural Fire District 12/31/71 33 Buena Park, City of 3/31/72 492 Paradise Fire Prot. District 3/31/72 28 Bonita-Sunnyside Fire Prot. 3/31/72 12 Aptos Fire Prot. District 6/30/72 14 Seal Beach, City of 6/30/72 217 Tahoe City Fire Prot. Dist. 9/30/72 13 Placentia, City of 9/30/72 227 Napa, City of 9/30/72 100 Washington Fire Prot. Dist. 9/30/72 6 Davis, City of 12/31/72 156 Yucca Valley Co. Fire Prot. 12/31/72 11 North Highlands Village Fire 12/31/72 12 Scotts Valley Fire Prot. 12/31/72 7 Santee Fire Prot. Dist. 12/31/72 25 Chino Rural Fire Prot. Dist. 12/31/72 21 Milpitas, City of 12/31/72 158 Woodbridge Rural County Fire 3/31/73 15 Freedom Fire Prot. Dist. 3/31/73 4 Campbell, City of 3/31/73 118 Vallejo, City of 3/31/73 324 Kelseyville-Big Vly Fire 3/31/73 5 Bell Gardens, City of 3/31/73 78 Glendora, City of 3/31/73 93 -67- Exhibit 27 Voluntary Terminations Social Security NUMBER OF AGENCY EFFECTIVE DATE EMPLOYEES Rancho Cordova Fire Prot. 6/30/73 61 Fruitridge Fire Prot. Dist. 6/30/73 9 Westminster, City of 6/30/73 319 Auburn, City of 6/30/73 47 Fairhaven Fire District 9/30/73 2 North Bay Coop. Library Dist. 9/30/73 33 Fairfield, City of 9/30/73 329 San Rafael Sani. Dist. 9/30/73 15 Westlands Water Dist. 9/30/73 39 La Habra, City of 9/30/73 297 Lemon Grove Fire Dist. 9/30/73 19 Citrus Heights Fire Dist. 12/31/73 174 Sunnyvale, City of 12/31/73 680 Rio Linda Fire Prot. Dist. 12/31/73 9 Escondido, City of 12/31/73 320 Garden Grove, City of 12/31/73 764 Cypress, City of 12/31/73 137 TOTAL 10,991 -68- Exhibit 28 SCHEDULE OF PUBLIC AGENCIES REQUESTING VOLUNTARY TERMINATION OF SOCIAL SECURITY BY FISCAL YEAR NUMBER OF FISCAL YEAR PUBLIC AGENCIES 1959-60 1 1963-64 1 1965-66 1 1966-67 1 1967-68 6 1968-69 1 1969-70 14 1970-71 11 1971-72 18 1972-73 20 1973-74 17 Safety Retirement Formulas Under PERS1/ Original Formula Current Formula Contribution Rate No. of Year Year Social Group Members Formula Effective Formula Effective Member Employer Security Highway Patrol 5,622 1/2 pay at 55 1935 2% at 50 1969 9% 27.51% No Fish and Game Wardens 286 1/2 pay at 60 1945 1/50th safety 1971 7% 15.38 No Forestry 3,873 1/60th safety 1947 2% at 55 1970 7% 15.00 No Corrections 4,017 1/60th safety 1947 2% at 55 1971 7% 18.97 Yes (Prison member) Narcotic Enforcement ] 1/60th safety 1951 1/2 pay at 55 1963 5.64%-12.55% 18.97 No Criminal Iden. & Invest 200 1/60th safety 1951 1/2 pay at 55 1963 5.64%-12.55% 18.97 No Life Guards 6 1/2 pay at 55 1968 1/2 pay at 55 1968 5.64%-12.55% 18.97 Yes State Police 127 1/2 pay at 55 1968 2% at 55 1972 7% 18.97 No (eff. '72) Youth Authority 1,625 2% at 55 1971 2% at 55 1971 7% 18.97 Yes Institutional Firemen 50 2% at 55 1972 2% at 55 1972 7% 18.97 Yes TOTAL 15,806 1/Table 1 does not reflect the fact that (1) different formulas may be applicable to members of the same group because individual members were given the option of remaining under the old formula, and (2) the formulas have different normal and compulsory retirement ages. Exhibit 29 XII. EXISTING AND POTENTIAL FUTURE SOCIAL WELFARE ASPECTS OF TERMINATING SOCIAL SECURITY COVERAGE FOR STATE EMPLOYEES Summary Termination of social security coverage for state employees could result in some increase in welfare costs. The Task Force generally believes, however, that the impact on welfare would be negligible. However, the Department of Social Welfare feels that further study is necessary to document the potential effect on the welfare program. Discussion and Facts Presently, persons aged 65 and over may receive an Old Age Security (OAS) grant, supplementing their income, to provide up to $206 per month (unless there is need for an additional expenditure for atten- dant care). These persons are also eligible for a comprehensive scope of health care from the Medi-Cal Program. The State General Fund (effective July 1, 1972) pays for 25 percent of OAS costs and 50 percent of Medi-Cal costs. It is presently not possible to determine the number of persons, without other sources of income, who would fall below $206 per month at age 65 if coordination between social security and PERS was discontinued (this requires consideration of all income sources). It can be assumed that this would occur when an employee spent his entire career in a very low salary structure or spent only a relatively short period of time in state employment without working in other employment accruing other retirement benefits. In either case, other sources of income would still be a consideration. It should also be noted that, under PERS, it is possible for a person to resign and withdraw his retirement contributions, exhaust those funds and then qualify for OAS. The liklihood of this occur- rence could increase when potential retirement income is near to the OAS grant line. One could argue, however, that any other assets could be deteriorated in the same manner by a potential welfare recipiant. 22 XIII. POSITION OF OTHER INTERESTED GROUPS (CSEA, LEGISLATIVE ANALYST) IN SOCIAL SECURITY Summary The Legislative Analyst recommends that: (1) the state notify the Federal government of our desire to terminate social security cov- erage. (2) the state should thoroughly study the desirability of termination during the interim two years before termination would take affect. The California State Employees Association reaffirmed its previous policy position at their 1972 State Legislative Convention to seek termination from social security. The membership requested the CSEA leadership to seek the assistance of PERS in the development of legislation to accomplish termination. Discussion and Facts 1. Legislative Analyst: The Legislative Analyst recommends in his analysis of the 1972-73 Budget Bill that legislation be enacted in 1972 directing the PERS Board of Administration to notify the Federal Government of California's intention to withdraw from social security. Federal law requires a two-year notice before public entities are permitte to terminate their participation in the program. He also recommen that PERS then conduct a detailed study and report to the 1973 Legislature on the feasibility of discontinuing social security coverage. He suggests that improvements could be made in PERS survivor, disability, and hospital benefits through utilization of present and projected employer contributions to social security 70 and up to one-half the present and projected employee contribu- tions to that Federal system. The analyst states that should the study conclude that social security be retained, the previous notification could be with- drawn prior to the two-year effective date. 2. California State Employees Association (CSEA) On a number of occasions, state employees have been polled on the question of social security coverage. (Exhibit 30). In general, most state employees did not favor coordination with social security, and when given an opportunity to join social security chose to remain outside the system. In a 1967 CSEA poll on the question of social security termination, approximately 50 percent of those voting voted for termination, 40 percent voted against termination, and approximately 8.9 percent did not vote or had no opinion. (Exhibit 31). As early as 1963, the CSEA General Council adopted a policy position to seek termination. This organization reaffirmed its previous policy position at its October 1971 General Council (Exhibit 32). CSEA leadership is now working with the staff at PERS to develop legislation on this subject to seek termination. It is impossible to know at this time the form of that legislative proposal. 3. Other Interested State Departments Both the State Personnel Board and the Public Employees' Retire- ment System supported the proposal in 1961 to adopt social security coverage for state employees. The task force did not have an opportunity to contact these two organizations regarding the termination question. In light of the increased costs for social security coverage as well as the improvement in PERS retirement benefits, these organizations may reexamine their previous position on the issue. 75 Exhibit 30 STATE OF CALIFORNIA RONALD REAGAN, Governor PUBLIC EMPLOYEES' RETIREMENT SYSTEM 1416 NINTH STREET, P.O. BOX 1953 SACRAMENTO, CALIFORNIA 95809 STANLEY B. FOWLER, President ono PALOMBO, Vice President Reply to Section 2 - SOC. SEC. DR. LESTER BRESLOW DONALD GALLAGHER ROBERT R. HEADLEY A. W. "JOE" HISLOP WILLIAM G. MAAS LUCY E. RITTER October 6, 1969 JAMES A. TAYLOR CASPAR W. WEINBERGER JOSEPH L. WYATT, JR. Mrs. Roberta Chock, Secretary Joint Legislative Retirement Committee c/o Assemblyman Richard Barnes State Capitol Sacramento, California 95814 Dear Roberta: Bill Payne asked me to send you the statistics on the results of the referenda, division, and transfer procedures conducted among State employees on the question of Social Security coverage. The following are the results of the various actions taken: 1955 Referendum conducted among State and University employees on the full offset plan. Eligible to vote 68,202 Total voting 56,364 Members voting "yes" 12,860 Members voting "no" 43,203 Voided ballots 301 56,364 1959 Referendum conducted among State and University employees. Eligible to vote 99,885 Total voting 75,714 Members voting "yes" 32,303 Members voting "no" 43,411 75,714 1961 Division of the Public Employees' Retirement System. Total eligible State and UC Members 131,000 Members choosing Social Security 33,390 -76- Exhibit 30 Jt. Legislative Retirement Committee October 6, 1969 Page 2 1965 additional opportunity to transfer to the group covered under Social Security. Eligible members 68,870 Members choosing Social Security 4,900 If you need additional information, please feel free to contact us. Very truly yours, Beverly I Saffiney (MISS) BEVERLY J. GAFFNEY, CHEEF SOCIAL SECURITY DIVISION BJG:cg -77- TABLE II OVERALL RESPONSE To the question: Should the Coordination of the State Employees' Retirement System with Social Security (OASDI) be Terminated? Opinion Number Percent YES 29,372 50.9 NO 23,200 40.2 NO OPINION 4,927 8.5 NO RESPONSE 234 0.4 Total 57,733 100.0 Exhibit 31 Exhibit 32 CAPFORNIA STATE EMPLOYEES' ASSOCIATION 1108 "O" S REET SACRAMENTO, CALIFORNIA 95814 PHONE (916) 444-813 REPRESENTING people who serve the people October 15, 1971 CERS EUSAPO A. WARD ROBERT CARLSON Mr. William E. Payne PRESIDENT PAUL M. HAYS Executive Officer Public Employees' Retirement System DAVID SIMONIAN 1416 Ninth Street JOHNS MATHENY Sacramento, California 95814 YOU 2007 HELISHER NELLO L GREEN Dear Bill: ACCOUNTS DIRECTORS CSEA's General Council this year modified Association policy with JACK DANELL respect to termination of Social Security coverage for state employees. ROBERT E, BRIDGES PAT ZURFLUH Our previous policy, you will recall, required that all elements of MITCHELLM. OLIVER LOUIS R. TRIPODI Social Security coverage (e.g. wife's benefit, disability benefits) WILLIAM A. CRAIB be continued under PERS and that coordinated employees, their JAMES T. CUMMINS dependents, survivors, and beneficiaries, be guaranteed benefits LBERT B.CLARK EVAND. LONG equivalent to that they would have been entitled to receive had WILLIAMS. EVERETT Social Security not been terminated. NAONE FARRELL RICHARD G. HANNUM EPOY A PEMBERTON The new policy eliminates the guarantee provision and simply LEOMAYER requires that the total savings derived from termination of social HELEN RODIN ARNEETA BROWN security coverage be used for additional benefits under PERS. ROBERT D. DENGLER ROBERT W. GREEN The resolution adopted by our General Council (copy attached) also AARON M. REUCK LUCHETIA GOUGH requests that we work with you to develop the necessary legislation. ERAL MANAGER This is to request your assistance in developing this legislation. LOREN V SMITH Lore Sincerely, Loren V. Smith / Anith General Manager mc -79- Exhibit 32 Resolution Adopted by the California State Employees' Association October 11, 1971 R 32/71 SUBJECT: OASDI TERMINATION SUBMITTED BY: 20 Delegates WHEREAS, (1) CSEA introduced legislation in 1969 (AB 1949) and in 1970 (AB 178) to accomplish the intent of policy 3 B 5.3, and WHEREAS, (2) AB 1949 was referred to interim study during 1969 and AB 178 failed to receive a do pass vote from the Assembly Ways and Means Committee in 1970, and WHEREAS, (3) opposition to these bills centered on the guarantee of all future OASDI benefits to those coordinated employees who elected such benefits and a contention by the PERS that the bills in their present form would be difficult to administer, and WHEREAS, (4) it has become apparent that if termination from the social security agreement is to be achieved a more flexible bill must be developed, one which does not include a tie to all future social security changes, and WHEREAS, (5) representatives from the PERS have indicated an acceptable bill could be developed which did not provide for social security type benefits and which could be administered by PERS, and WHEREAS, (6) SB 249 was passed in 1971, giving all state employees the 1/50th retirement formula, and WHEREAS, (7) passage of SB 249 provided an even greater opportunity than in past years to terminate the OASDI contract and apply the savings toward better-retirement benefits for all members, and WHEREAS, (8) projected cost increases for OASDI will place an even greater hardship on coordinated employees, and particularly those younger employees paying increased PERS contributions due to passage of SB 249, now therefore be it RESOLVED, (a) that policy 3 B 5.3 be amended to read: 3B5.3 The Association shall seek legislation to terminate the coordination of social security with PERS, with all savings derived from termina- tion to be applied to increasing retirement benefits through PERS for all state employees and state annuitants of PERS, both coordinated and non-coordinated with OASDI. and be it further -80- Exhibit 32 RESOLVED, (b) that in order to assure workability of the proposed legislation, CSEA shall request that PERS develop the required legislation, which need not be patterned after social security type benefits, and be it further RESOLVED, (c) that legislation be introduced early in the 1972 legislative year for accomplishment of the policy, and be it further RESOLVED, (d) that this be the continuing policy of the Association. -81- XIV. WITHDRAWAL PROCEDURES, ACTION AUTHORITIES, FINALITY OF COMMITMENT AND REQUIRED LEGISLATION Summary Procedures are available to terminate social security coverage for employees of the State and University of California. Termination action would include constitutional officers and members of the Legislature. Once social security coverage for state employees is terminated, the state may not again extend social security coverage to its employees under the present provisions of the Social Security Act. The primary action necessary is for the State Legislature to pass legislation requesting termination of social security coverage. Discussion and Facts The provisions for termination of coverage under the Federal-State Social Security Agreement are included in Section 218(g) of the Social Security Act and Section 22310 of the California Government Code. Exhibits 33 and 34 contain the cited sections of the Federal and state law. The statutes provide that a public agency must be covered under social security five years before a request for termination of coverage may be filed. The state meets this require- ment. At least two years' advance notice, in writing, must be given to the Department of Health, Education and Welfare before termination of coverage can be accomplished. The State Legislature may pass legislation requesting termination of social security coverage as it relates to employees of the state and employees of the University of California. The request for termination will also affect members of the Legislature who are included under the terms of coverage relating to the Public Employees' Retirement System and those who will be included in the terms of coverage as members of the Legislators' Retirement System. The action would also affect employees of the Industries of the Blind who are not eligible for membership in PERS, but who are covered under social security as state employees. The request for termination of coverage should indicate the effective date of termination desired. The effective date of termination must be: 1. The last day of a calendar quarter (i.e., March 31, June 30, September 30, or December 31) and 2. No earlier than two years after the Federal Govern- ment accepts the state notification of the request for termination. The legislation should direct the appropriate state official to notify the Department of Health, Education and Welfare of the provisions of the termination request. The employees of the State would continue to be covered under the terms of the social security agreement until the effective date of termination. During the two-year period between the notice of termi- nation and the effective date of termination, the Legislature may pass legislation to cancel the request for termination. Such action would have to be taken in advance of the proposed termination date with sufficient time to allow for a notice to the Department of Health, Education and Welfare to cancel the termination request. Under the provisions of Section 218(g) (3) of the Social Security Act, once social security coverage is terminated with respect to state employees and University employees, the State may not again extend social security coverage to employees in the coverage group. SOCIAL SECURITY ACT Exhibit 33 218(c) SECTION 218 OF THE ACT HSA TL No. 6 5-69 (A) to which an agreement under this section is made applicable, and (B) with respect to which the agreement, or modification thereof making the agreement so applicable, specifies an effective date earlier than the date of execution of such agreement and such modification, respectively, the agreement shall, if so requested by the State, be applicable to such services (to the extent the agreement was not already applicable) per- formed before such date of execution and after such effective date by any individual as a member of such coverage group if he is such a member on a date, specified by the State, which is earlier than such date of execution, except that in no case may the date so specified be earlier than the date such agreement or such modification, as the case may be, is mailed, or delivered by other means, to the Secretary. (3) Notwithstanding the provisions of paragraph (2) of this sub- section, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services constituted employ- ment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such indi- viduals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2). Termination of Agreement (g) (1) Upon giving at least two years' advance notice in writing to the Secretary of Health, Education, and Welfare, a State may terminate, effective at the end of a calendar quarter specified in the notice, its agreement with the Secretary either- (A) in its entirety, but only if the agreement has been in effect from its effective date for not less than five years prior to the receipt of such notice; or (B) with respect to any coverage group designated by the State, but only if the agreement has been in effect with respect to such coverage group for not less than five years prior to the receipt of such notice. (2) If the Secretary, after reasonable notice and opportunity for hear- ing to a State with whom he has entered into an agreement pursuant to this section, finds that the State has failed or is no longer legally able to comply substantially with any provision of such agreement or of this section, he shall notify such State that the agreement will be terminated in its entirety, or with respect to any one or more coverage groups desig- nated by him, at such time, not. later than two years from the date of such notice, as he deems appropriate, unless prior to such time he finds that there no longer is any such failure or that the cause for such legal inability has been removed. (3) If any agreement entered into under this section is terminated in its entirety, the Secretary and the State may not again enter into an agree- ment pursuant to this section. If any such agreement is terminated with respect to any coverage group, the Secretary and the State may not there. after modify such agreement SO as to again make the agreement applicable with respect to such coverage group.