txt

HB 11: "An Act relating to participation of certain peace officers in the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska; and providing for an effective date."

00                              HOUSE BILL NO. 11                                                                          
01 "An Act relating to participation of certain peace officers in the defined benefit and                                  
02 defined contribution plans of the Public Employees' Retirement System of Alaska; and                                    
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 39.35.095 is amended to read:                                                                      
06            Sec. 39.35.095. Applicability of AS 39.35.095 - 39.35.680. The                                             
07       [FOLLOWING] provisions of AS 39.35.095 - 39.35.680 [THIS CHAPTER] apply                                       
08       only to members first hired                                                                                       
09                 (1)  before July 1, 2006; or                                                                    
10                 (2)  after June 30, 2006, who are state troopers and                                                
11                      (A)  are former members of the defined contribution                                            
12            retirement plan under AS 39.35.700 - 39.35.990; or                                                       
13                      (B)  have not been members of the defined contribution                                         
14            retirement plan under AS 39.35.700 - 39.35.990 [: AS 39.35.095 -                                         
01            39.35.680].                                                                                                
02    * Sec. 2. AS 39.35.370(a) is amended to read:                                                                      
03            (a)  Subject to AS 39.35.450, a terminated employee who first became a                                   
04       member before July 1, 2006, is eligible for a normal retirement benefit                                       
05                 (1)  at age 60 with at least five years of credited service;                                        
06                 (2)  with at least 20 years of credited service as a peace officer or                                   
07       firefighter; or                                                                                                   
08                 (3)  with at least 30 years of credited service for all other employees.                                
09    * Sec. 3. AS 39.35.370 is amended by adding a new subsection to read:                                              
10 (l)  Subject to AS 39.35.450, a terminated employee who first becomes a                                                 
11 member after June 30, 2006, and who is a state trooper is eligible for a normal                                         
12       retirement benefit                                                                                                
13 (1)  at age 60 with at least five years of credited service as a peace                                                  
14       officer; or                                                                                                       
15                 (2)  with at least 20 years of credited service as a peace officer.                                     
16    * Sec. 4. AS 39.35.680 is amended by adding a new paragraph to read:                                               
17 (44)  "state trooper" means a peace officer who is employed by the                                                      
18 division of Alaska state troopers in the Department of Public Safety and charged with                                   
19       the duties under AS 18.65.080.                                                                                    
20    * Sec. 5. AS 39.35.720 is amended to read:                                                                         
21 Sec. 39.35.720. Membership. Except as provided in AS 39.35.095, an [AN]                                             
22 employee who becomes a member on or after July 1, 2006, shall participate in the plan                                   
23       set out in AS 39.35.700 - 39.35.990.                                                                              
24    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26 RETIREMENT PLAN ELECTION. (a) A state trooper or a former state trooper                                                 
27 employed by the state, who was first hired after June 30, 2006, and before the effective date                           
28 of this section, and who is a member of the defined contribution retirement plan of the public                          
29 employees' retirement system under AS 39.35.700 - 39.35.990, may, within 90 days after the                              
30 effective date of this section, make a one-time election to participate in the defined benefit                          
31 retirement plan under AS 39.35.095 - 39.35.680 and to transfer to that plan all contributions                           
01 that have been made or should be made to the defined contribution retirement plan for service                           
02 the member completes before the effective date of the member's participation in the defined                             
03 benefit retirement plan. The transferred contributions shall be used to purchase credited                               
04 service in the defined benefit retirement plan on an actuarial equivalent basis determined by                           
05 the Alaska Retirement Management Board established under AS 37.10.210.                                                  
06       (b)  In this section, "state trooper" has the meaning given AS 39.35.680.                                         
07    * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       RETIREMENT PLAN ELECTION PROCEDURE. (a) An election made under sec. 6                                             
10 of this Act to participate in the defined benefit retirement plan under AS 39.35.095 -                                  
11 39.35.680 must be made in writing on one or more forms and in the manner prescribed by the                              
12 administrator. Before an eligible member makes an election under sec. 6 of this Act, the                                
13 administrator shall provide to the member                                                                               
14            (1)  written notice of the member's eligibility; and                                                         
15 (2)  information about potential consequences of the member's election,                                                 
16 including calculations that illustrate the effect of changing the member's retirement plan from                         
17 the defined contribution retirement plan to the defined benefit retirement plan.                                        
18 (b)  An election made under sec. 6 of this Act to participate in the defined benefit                                    
19 retirement plan is irrevocable. On the effective date of the election, an eligible member who                           
20 makes the election shall be enrolled in the defined benefit retirement plan, and the member's                           
21 participation in the plan shall be governed by the applicable provisions of the defined benefit                         
22 retirement plan. The member's enrollment in the defined benefit retirement plan is retroactive                          
23 to the date of hire. An election made by an eligible member who is married is not effective                             
24 unless the election is signed by the member's spouse.                                                                   
25 (c)  When an eligible member makes a one-time election under sec. 6 of this Act, the                                    
26 administrator shall cause the total amount of the member's employee and employer                                        
27 contributions, with investment earnings and losses through the day of the member's election to                          
28 participate as a member in the defined benefit retirement plan, to be actuarially calculated                            
29 and, subject to (d) of this section, transferred to the pension fund in the defined benefit                             
30 retirement plan. On the effective date of the member's participation in the defined benefit                             
31 retirement plan, the member shall be credited with service in the defined benefit retirement                            
01 plan that may be purchased under an actuarial equivalent purchase formula as determined by                              
02 the board. The board shall establish transfer procedures by regulation, but the actual transfer                         
03 may not occur later than 30 days after the date the administrator receives the member's                                 
04 completed forms under (a) of this section, unless the major financial markets for securities                            
05 available for a transfer are seriously disrupted by an unforeseen event that also causes the                            
06 suspension of trading on any national securities exchange in the country where the securities                           
07 were issued. In that event, the 30-day period may be extended by a resolution of the board. A                           
08 transfer is not commissionable or subject to other fees and may be in the form of cash or a                             
09 security as determined by the board. A security shall be valued on the date of receipt in the                           
10 member's account.                                                                                                       
11 (d)  If the value actuarially calculated under (c) of this section is insufficient to pay for                           
12 service credit equal to the member's actual service, the administrator shall allow the member                           
13 the option of creating an indebtedness up to the amount needed to eliminate the insufficiency;                          
14 however, if that value exceeds the amount needed to pay for a service credit equal to the                               
15 member's actual service, the administrator shall cause the excess to remain in the member's                             
16 retirement plan established under AS 39.35.700 - 39.35.990. An excess under this subsection                             
17 may not be used to purchase service credit in a retirement plan administered under AS 39.35.                            
18 (e)  The provisions of this section are subject to the requirements of the Internal                                     
19 Revenue Code and the limitations under AS 39.35.115, 39.35.678, 39.35.710(c) and (d), and                               
20 39.35.895.                                                                                                              
21       (f)  In this section,                                                                                             
22 (1)  "administrator" means the commissioner of administration or the person                                             
23 designated by the commissioner of administration under AS 39.35.003 for a public                                        
24 employees' retirement plan;                                                                                             
25 (2)  "board" means the Alaska Retirement Management Board established                                                   
26 under AS 37.10.210;                                                                                                     
27 (3)  "defined benefit retirement plan" means the retirement plan established                                            
28 under AS 39.35.095 - 39.35.680 for a public employee;                                                                   
29 (4)  "defined contribution retirement plan" means the retirement plan                                                   
30 established under AS 39.35.700 - 39.35.990 for a public employee;                                                       
31            (5)  "Internal Revenue Code" has the meaning given in AS 39.35.990.                                          
01    * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03 ADOPTION OF REGULATIONS. (a) The commissioner of administration may adopt                                               
04 regulations necessary to implement secs. 1 - 7 of this Act. Regulations adopted by the                                  
05 commissioner of administration under this Act relate to the internal management of a state                              
06 agency and are not subject to AS 44.62 (Administrative Procedure Act) under AS 39.30.098                                
07 and AS 39.35.005.                                                                                                       
08       (b)  Regulations adopted under this section may not take effect before the effective                              
09 date of the law being implemented by the regulation.                                                                    
10    * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c).                                    
11    * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2019.