Legislature(2005 - 2006)

2005-05-06 House Journal

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2005-05-06                     House Journal                      Page 1665
SB 141                                                                                            
Representative Kelly brought up reconsideration of the vote on HCS                                  
CSSB 141(FIN) am H (fld H)(page 1625).                                                              
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
            HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H                                      
    "An Act relating to the teachers' and public employees' retirement                              
    systems and creating defined contribution and health                                            
    reimbursement plans for members of the teachers' retirement                                     
    system and the public employees' retirement system who are first                                
    hired after July 1, 2005; relating to university retirement                                     
    programs; establishing the Alaska Retirement Management Board                                   
    to replace the Alaska State Pension Investment Board, the Alaska                                
    Teachers' Retirement Board, and the Public Employees'                                           
    Retirement Board; adding appeals of the decisions of the                                        
    administrator of the teachers' and public employees' retirement                                 
    systems to the jurisdiction of the office of administrative hearings;                           
    providing for nonvested members of the teachers' retirement                                     
    system defined benefit plans to transfer into the teachers'                                     
    retirement system defined contribution plan and for nonvested                                   
    members of the public employees' retirement system defined                                      
    benefit plans to transfer into the public employees' retirement                                 

2005-05-06                     House Journal                      Page 1666
    system defined contribution plan; providing for political                                       
    subdivisions and public organizations to request to participate in                              
    the public employees' defined contribution retirement plan; and                                 
    providing for an effective date."                                                               
                                                                                                    
Representative Kelly placed a call of the House on the bill.                                        
                                                                                                    
**The presence of Representative Joule, who was excused (page                                       
1663), was noted.                                                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
HCS CSSB 141(FIN) am H be returned to second reading for the                                        
specific purpose of considering Amendment No. 13.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 13 was offered  by Representative Weyhrauch:                                           
                                                                                                    
Page 5, line 21:                                                                                    
 Delete "Teachers First Hired before July 1, 2005"                                                
 Insert "Teachers' Defined Benefit Retirement Plan"                                               
                                                                                                    
Page 5, line 23, following "July 1, 2005":                                                          
 Insert "or members first hired on or after July 1, 2005, who choose                                
under AS 14.25.315 to participate in the defined benefit plan"                                      
                                                                                                    
Page 6, line 14, following "14.25.220":                                                             
 Insert "unless they choose to do so under AS 14.25.315"                                            
                                                                                                    
Page 15, line 13, following "July 1, 2005,":                                                        
 Insert "who fail to choose under AS 14.25.315 to participate in the                                
defined benefit plan"                                                                               
                                                                                                    
Page 15, following line 14:                                                                         
 Insert new material to read:                                                                       
     "Sec. 14.25.315.  Retirement plan choice.  (a)  A teacher                                    
    who is first hired on or after July 1, 2005, may participate either in                          
    the defined benefits plan established in AS 14.25.009 - 14.25.220                               
    or the defined contribution plan established in AS 14.25.310 -                                  

2005-05-06                     House Journal                      Page 1667
    14.25.590.  The teacher may make a choice between the available                                 
    retirement plans within 30 days after the date of employment, on a                              
    form provided by the administrator.  If the teacher fails to make a                             
    timely choice under this section, the provisions of AS 14.25.310 -                              
    14.25.590 shall apply to the teacher during the period of                                       
    employment.                                                                                     
     (b)  After the 31st day of employment, the teacher may not                                     
    change from one retirement plan to another.  The retirement plan                                
    determined to apply on the 31st day of employment shall be                                      
    considered to apply beginning on the first day the teacher is                                   
    employed and the day the retirement plan is determined.                                         
     (c)  A teacher who terminates employment and is later rehired                                  
    by an employer may again exercise the option provided in this                                   
    section only if, on the date of reemployment, the option in this                                
    section is available to all teachers first hired at the time the teacher                        
    is rehired.                                                                                     
     (d)  The administrator shall notify the employer of a teacher                                  
    as soon as possible regarding the retirement plan applicable to that                            
    teacher, and the employer shall make the appropriate teacher and                                
    employer contributions required by the applicable retirement plan                               
    for that teacher."                                                                              
                                                                                                    
Page 15, line 30, following "July 1, 2005,":                                                        
 Insert "and fails under AS 14.25.315 to choose to participate in the                               
defined benefit retirement plan"                                                                    
                                                                                                    
Page 67, line 27:                                                                                   
 Delete "Public Employees First Hired before July 1, 2005"                                        
 Insert "Public Employees' Defined Benefit Retirement Plan"                                       
                                                                                                    
Page 67, lines 28 - 29:                                                                             
 Delete "to employees first hired before July 1, 2005"                                            
                                                                                                    
Page 67, line 30, following "July 1, 2005":                                                         
 Insert "or members first hired on or after July 1, 2005, who choose                                
under AS 39.35.705 to participate in the defined benefit plan"                                      
                                                                                                    
Page 84, line 29, following "July 1, 2005":                                                         
 Insert ", who fail to choose to participate in the defined benefit                                 
plan under AS 39.35.705"                                                                            
                                                                                                    

2005-05-06                     House Journal                      Page 1668
Page 84, following line 30:                                                                         
 Insert new material to read:                                                                       
     "Sec. 39.35.705.  Retirement plan choice.  (a)  An employee                                  
    who is first hired on or after July 1, 2005, may choose to                                      
    participate either in the defined benefits plan established in AS                               
    39.35.095 - 39.35.680 or the defined contribution plan established                              
    in AS 39.35.700 - 39.35.990.  The employee may make a choice                                    
    between the available retirement plans within 30 days after the                                 
    date of employment, on a form provided by the administrator.  If                                
    the employee fails to make a timely choice under this section, the                              
    provisions of AS 39.35.700 - 39.35.990 shall apply to the                                       
    employee during the period of employment.                                                       
     (b)  After the 31st day of employment, the employee may not                                    
    change from one retirement plan to another.  The retirement plan                                
    determined to apply on the 31st day of employment shall be                                      
    considered to apply beginning on the first day the employee is                                  
    employed and the day the retirement plan is determined.                                         
     (c)  A employee who terminates employment and is later                                         
    rehired may again exercise the option provided in this section only                             
    if, at the time of rehire, the option in this section is available to all                       
    employees first hired at the time the employee is rehired.                                      
     (d)  The administrator shall notify the employer of a employee                                 
    as soon as possible regarding the retirement plan applicable to that                            
    employee, and the employer shall make the appropriate employee                                  
    and employer contributions required by the applicable retirement                                
    plan for that employee."                                                                        
                                                                                                    
Page 85, line 18, following "July 1, 2005,":                                                        
 Insert "and fails under AS 39.35.705 to choose to participate in the                               
defined benefit retirement plan"                                                                    
                                                                                                    
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 13 be adopted.                                                                        
                                                                                                    
                                                                                                    
Representative Seaton objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 13 be adopted?"  The roll                                 
was taken with the following result:                                                                

2005-05-06                     House Journal                      Page 1669
                                                                                                    
HCS CSSB 141(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Amendment No. 13                                                                                    
                                                                                                    
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Elkins, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                 
Joule, Kerttula, Kott, LeDoux, Lynn, Salmon, Weyhrauch                                              
                                                                                                    
Nays:  Chenault, Coghill, Foster, Gatto, Kapsner, Kelly, Kohring,                                   
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                             
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
And so, Amendment No. 13 was adopted.                                                               
                                                                                                    
                                                                                                    
Representative Seaton moved and asked unanimous consent that HCS                                    
CSSB 141(FIN) am H be returned to second reading for the specific                                   
purpose of considering Amendment No. 14.  There being no objection,                                 
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 14 was offered  by Representative Seaton:                                              
                                                                                                    
Page 86, line 11:                                                                                   
 Delete "2.5"                                                                                       
 Insert "2.8"                                                                                       
                                                                                                    
Page 86, line 13, following "insurance":                                                            
 Insert "and death and disability benefits"                                                         
                                                                                                    
Representative Seaton moved and asked unanimous consent that                                        
Amendment No. 14 be adopted.                                                                        
                                                                                                    
                                                                                                    
There was objection.                                                                                
                                                                                                    
Representative Seaton moved and asked unanimous consent to                                          
withdraw Amendment No. 14.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    

2005-05-06                     House Journal                      Page 1670
Representative Kelly moved and asked unanimous consent that HCS                                     
CSSB 141(FIN) am H be returned to second reading for the specific                                   
purpose of rescinding previous action in adopting Amendment No. 13.                                 
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
HCS CSSB 141(FIN) am H was returned to second reading.                                              
                                                                                                    
Representative Kelly moved and asked unanimous consent that the                                     
House rescind previous action in adopting Amendment No. 13.                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting Amendment No. 13?"  The roll was taken with the following                                  
result:                                                                                             
                                                                                                    
HCS CSSB 141(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Rescind Previous Action/Amendment No. 13                                                            
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Elkins, Foster, Gatto, Holm, Kapsner, Kelly,                              
Kohring, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg,                                            
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Joule,                                        
Kerttula, Kott, LeDoux, Lynn, Ramras, Salmon, Weyhrauch                                             
                                                                                                    
Moses changed from "Nay" to "Yea".                                                                  
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 141(FIN) am H be returned to second reading for the                                        
specific purpose of considering Amendment No. 15.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 15 was offered  by Representatives Kerttula,                                           
Gruenberg, and Cissna:                                                                              
                                                                                                    

2005-05-06                     House Journal                      Page 1671
Page 79, lines 2 - 11:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 15 be adopted.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 141(FIN) am H--RECONSIDERATION                                                             
Second Reading                                                                                      
Amendment No. 15                                                                                    
                                                                                                    
YEAS:  25   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                     
Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire,                                        
Salmon, Seaton, Weyhrauch, Wilson                                                                   
                                                                                                    
Nays:  Chenault, Elkins, Foster, Harris, Kelly, Kohring, Meyer,                                     
Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas                                    
                                                                                                    
And so, Amendment No. 15 was adopted.                                                               
                                                                                                    
HCS CSSB 141(FIN) am H was automatically in third reading.                                          
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 141(FIN) am H                                     
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 141(FIN) am H--RECONSIDERATION                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris,                                  
Holm, Kelly, Kohring, Kott, McGuire, Meyer, Moses, Neuman,                                          
Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas,                                          
Weyhrauch, Wilson                                                                                   
                                                                                                    

2005-05-06                     House Journal                      Page 1672
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, LeDoux,                                    
Lynn, Salmon                                                                                        
                                                                                                    
And so, HCS CSSB 141(FIN) am H passed the House on                                                  
reconsideration.                                                                                    
                                                                                                    
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 141(FIN) am H--RECONSIDERATION                                                             
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  29   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Elkins, Foster, Gatto,                                   
Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn,                                  
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                             
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gardner,                                       
Gruenberg, Guttenberg, Joule, Kerttula, Salmon                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
                                                                                                    
HCS CSSB 141(FIN) am H was referred to the Chief Clerk for                                          
engrossment.