Legislature(2005 - 2006)
2005-05-06 House Journal
Full Journal pdf2005-05-06 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.