Understanding Special Compensation: Key Compliance Issues

Transcription

1 Understanding Special Compensation: Key Compliance Issues Brad Hanson, Assistant Chief Agenda Background What s in it for you Compensation Basics - Compensation Earnable - Publicly Available Pay Schedule - Special Compensation and Requirements - PEPRA, Pensionable Compensation Agenda (continued) Frequently Asked Question Special Compensation Practice, practice, practice Resources 1

2 Background Compensation Review Unit Purpose - Ensure Compliance Compensation Earnable or Pensionable Compensation - Educate Employers - Ensure retirees receive proper benefit - Maintain Integrity of the Fund Duty to Correct GC We have a duty to correct errors to member s account the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any active or retired member, or any beneficiary of an active or retired member What s in it for you? Employer Reports Compensation Earnable Accurate contributions paid by employer Provides documentation timely Benefit paid timely to member 2

3 Compensation Earnable Classic Members 7 Compensation Earnable GC Compensation Earnable Payrate Special Compensation Compensation Earnable GC (continued) Definition of Payrate Full-time basis Normal working hours Group or class Normal rate of pay Payrate Publicly available pay schedule 3

4 Publicly Available Pay Schedule CCR Approved Identifies - Position, amount, and time base Available Dated Single document Retained for at least 5 years Special Compensation California Code of Regulations (CCR) 571(a) 11 Special Compensation - CCR 571(a) Exclusive list of five categories Incentive pay Educational pay Premium pay Special assignment pay Statutory pay 4

5 Special Compensation California Code of Regulations (CCR) 571(b) 13 Special Compensation - CCR 571(b)(1) Written Labor Policy or Agreement Approved in a public meeting Specifies conditions for payment Immediately accessible Effective and revision dates Retained for at least five years Does not reference another document Special Compensation - CCR 571(b) (continued) 1) Written labor policy or agreement 2) Available to group or class 3) Normally required duties 4) During normal working hours 5) Paid as earned 5

6 Special Compensation - CCR 571(b) (continued) 6) Historically consistent 7) Not solely in final compensation period 8) Not final settlement pay 9) Does not create an unfunded liability Pensionable Compensation PEPRA New Members 17 Pensionable Compensation GC Full-time basis Normal working hours Group or class Normal rate of pay Pensionable Compensation Publicly available pay schedule 6

7 Pensionable Compensation Excludes GC (c) Payments solely to increase a member s retirement benefit Converted benefits One-time or ad hoc payments Severance Cash outs of any time off Work performed outside of normal working hours Pensionable Compensation Excludes GC (c) (continued) Reimbursement Bonus Overtime Items at Board discretion Employer paid deferred compensation payments Pensionable Compensation Details - CCR Exclusive list of what is considered pensionable compensation Similar to Compensation Earnable - Payrate on publicly available pay schedule - Special compensation definitions and criteria 7

8 Pensionable Compensation Notable exclusions compared to Classic Members Bonus Uniform allowance Value of Employer Paid Member Contributions (EPMC) Off-Salary-Schedule Payments Management Incentive Pay Temporary Upgrade Pay Common Questions Reportable Compensation 23 What is the Final Compensation Period? my CalPERS system Highest consecutive 12 or 36 months - Not necessarily the most recent Combined payrate and special compensation 8

9 Final Settlement Pay CCR 570 Pay granted or awarded to a member in connection with or in anticipation of a separation from employment Is it solely in the final compensation period? Identifying Special Compensation Must identify special compensation type Look at the definition in CCR section 571 or Do no use as a catch-all Common Errors Reporting Special Compensation 27 9

10 Incentive Pay Bonus CCR 571(a)(1) Superior performance Available to entire group or class Program or system in place Contained in policy or agreement *Not reportable for PEPRA Incentive Pay Longevity CCR 571(a)(1) Cannot be combined with other criteria Can only include length of service Minimum 5 years Available to entire group or class Contained in policy or agreement Premium Pay Temporary Upgrade Pay CCR 571(a)(3) 100% duties of upgraded position Position must be on salary schedule Available to entire group or class Contained in policy or agreement *Not reportable for PEPRA 10

11 Statutory Items Holiday Pay CCR 571(a)(5) Position requires staff on holidays - Without regard to holiday Paid as earned (at least annually) - No cash out at time of departure Available to entire group or class Clearly defined in policy or agreement Statutory Items Uniform Allowance CCR 571(a)(5) Required to report monetary value Must identify conditions for payment in policy or agreement - Including monetary value Only report for qualified items - Excludes items solely for personal health and safety *Not reportable for PEPRA Incentive Pay Off-Salary-Schedule Pay CCR 571(a)(1) Must be instead of a salary increase No more than 6% Reported as special compensation and pro-rated over the fiscal year earned *Not reportable for PEPRA 11

12 Exercise Is it reportable? 34 Exercise Temporary Upgrade Pay Facts: Robin is currently an Assistant Super Hero Robin is required to act as the Lead Super Hero while his supervisor, Batman, in on leave for 6 months Robin will continue to do the Assistant Super Hero duties Robin understands this may be required of him since it is outlined clearly in the MOU for the Super Hero group Exercise Temporary Upgrade Pay (continued) Should the payments Robin received for being the Lead Super Hero be reported to CalPERS as special compensation temporary upgrade pay? NO Since Robin continued to perform the Assistant Super Hero duties, this compensation should not be reported to CalPERS. 12

13 Exercise Bonus Facts: Lebron James is a full-time basketball player His performance is evaluated on a yearly basis by his head coach Lebron s coach fills out a Performance Evaluation document and gives Lebron the maximum rating of 5 Lebron has received a bonus for the last 4 years Exercise Bonus (continued) The basketball player group MOU clearly outlines that all basketball player positions are evaluated on a yearly basis and have the opportunity to receive a bonus. Does Not Meet Expectations Meets Expectations Rate 0 Rate 1-3 Rate 4-5 0% Bonus 1-2% Bonus 3% Bonus Exceeds Expectations Exercise Bonus (continued) Should the bonus Lebron received be reported to CalPERS as special compensation bonus? YES Since Lebron received a rating considered superior performance and a program is in place to clearly evaluate his performance, this bonus should be reported to CalPERS. 13

14 Exercise Longevity Pay Facts: Mick Jagger has been working for the City of Rolling Stones as a lead vocalist for 8 years. He is happy to see in his employment agreement that he is eligible for Longevity Pay after 5 years. Exercise Longevity Pay (continued) Mick Jagger s employment agreement states: Employees covered in this agreement are eligible to receive longevity pay of up to 8% of their base pay. Longevity pay is based on 5+ years of service, possession of an advanced degree in singing and a salary that is at the max of the salary range. Exercise Longevity Pay (continued) Should the City of Rolling Stones report Mick Jagger s Longevity Pay to CalPERS? NO Longevity Pay cannot include components outside of length of employment. 14

15 Things to Remember 43 What is Reportable? GC Compensation Earnable CCR Publicly available pay schedule CCR 571 Special compensation GC Compensation Statutorily defined GC Pensionable Compensation Days vs. Months Days Months 15

16 Things to remember Pay schedules Identify special compensation Written labor policies or agreements Timely responses Proper payroll reporting Available resources Exhibit Booths Website Public Agency & Schools Reference Guide California Public Employees Retirement Law Book (PERL) Employer Contact Center 888 CalPERS (or ) Employer Education Business Rules - WHY do I? - Laws and regulations my CalPERS - HOW do I? - System processes Computer Based Training - Convenient online access - Available 24/7 16

17 Questions? 49 17